The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1868-02-06
LIE FREEMAN.
ILL-gz8E ED FIN.

-LL-g'z81 ED FIN.
Some men are SO constituted rs to be fun
0yju 5hamosg tragicai ZINES. Nero FILLED,
we assured, when Rome was burning.
ana tle -aEgg gtLHiat seems determined 20 in
hi:s It's jJles upon the people while the
ErHnF Congress Is transforming Free Re-
Iu'.e into an Absolute Dcspotisln If any
one IS to2d Of refined irony upon the doings
oi Congress, we desire to refer him to an az
teie in tha5 paper of last week, headed
"fhe Judiciary Question"
Tie HEegdaua1, with mock gravity. re-
gsels that questions OF this kind should
wear partisan aspect, and that this one
should Dee discussed in reference to questions
noEr psadj8g in the Supreme Court, when
leading Radicals in Congress avow the fact
taat The very object Of the change sought
b.. them is TO effect questions now pending
But the AHyEaajan, with we'll feigned
eacnestucss, goes on TO say: That the pre-
sent measure is Constitutional we dc not re-
g.rJ as aimittjug Of successful contralic-
ION, ard theu goes on to "argue the point.'
Uat lest we m ight 90 our peishbor iujus tice
~. lis own words;
ron tac f--5 institution Of tha Court, six
gs were placed on the bench, Of whom
tic law cq.arei .hat four should concur in
rr0ounciug q decision ovurturuing an act
vtt1uEross. It was only when the number
judges was Increased that in point Of fact
she .lirl. rule was abolished. The re-
rtug. t.l4l two-thirl5 Of a Court shall
craeur 5H HFsa.ting a law Is not an anomaly
toalg G. CwJtution. II case Of theimpeach-
u.as al taa President, the Senate sits as the
li-.g CJur. in the and. the Chief Justice
presiding. The .ri.. is conducted according
t ths forms aud rules OF law. The Senate
tBPH9tIc}jv constitutes @ Coz RI OF law
icf re.taer the President nor any other afi-
c1s ,ma"Rahcd can be convicted IN less two
Thirds G. t'- members present concur.
''i4 every District and County Court in
ta.s State, two out Of three Judges are re-
c.jrea t' gree in prouoUucing a decision.
!H ease IF j-Eie7, The verdict must be unaui-
mouH. Il is arEuei by some that in case Of
1r", the requirement Of unaDiujty is as
.,vora Re to ono as to another. But how
so The ur-e-ucc Of one corrupt jHryman
VIII set p Clearly proven culprit loose uTon
tie community. Or if dishonest man OBJ
lt,us possession of another mans land or
Cher Species 0f property, one corrupt jury
ns7n will enable him TO retain it."
Now here's richness Coryou, :" as SquecHs
worL say. Just ponder the foregoing ex.
tract, kind reader. and you will find it The
most perfect sarcasm on the d0ings of Con
gr,s-, or else the most stupid Lalderdash
yuu have seen for some time,
Courts Of Justice. as every boIy knows
always decide by majorites. "On The frs
institution Of the (Supremc) Court six judg
were placed on the bcnch"-auI then
m-s- G0'e,ly remarks our friend, 'the law
r,. 'rca that four should concur in pro
uouu-.n- a decision ovelturuipg an act O
C,a-.'ss." Certainly! 1t required .t5u
10 c9ocur in rendcIing any decision. An,
why Just because three ,ca8 not a major
''g; and it required four to make a major
Try! When the Supreme Bench CONSISTED
Of 'o"en JUICES, it still required four wher
IL consisted Of eight or nine it required iv,
judge, still because they were a majority
The Eut1or Of the H3leqbaman, is, that mas
much as six judges could not set aside al
act If Congress while they stool three an,
threc, therefore it required two-thirds 10 4,
it,
The ''goak' is equal ly pointed that be
causc on the bench Of our Common Pleas
who're three judges sit, it takes a majorit,
urthe judges to render decision therefor
it requires two-thirds. Every body know
that when f,oo judges occupy the bench, i
takes, on the stme principle not a MAORI
ty, or two thirds, but unanimous bench t.
render a decision-simply because one
not majority Of two. But the AHegbania
fails to aIlude to the fact thut on the Su
preme Bench consisting of five judges,
simple majority, or three of the judges, de
e. 'e he most important legal and Constitu
tona questions that can be TTcscrtod.
The AllcYhaaa7t might fun thcr have bur
+qued tho Rump by showing the absurdit
of making one judge holding a certain opin
ion worth two Judges holding The ccntrar
opinion. And It might further have show
shat the Judges on the bench are not md
vi'uatei in giving their opinions, but tha
when the sense of the majority Of the Cur
is t7ker. the opinion is net announced a
the opinion of two judges, or four judges, bu
as THE OPINION OF THE COURT.
And thus that grave and LiSh tibUna
viii decide even the act Of Congress to pre-
vat q majority decision, Of the Rum
should be silly enough TO pass it, maugre tn
sarcasm Of the -fGeghanian,) without an
regard to what fractional part Of the Coul
the act should give the power to control IL
majority.
THE NAus.-Frequent complaints ar