, 1873-04-16

tion on tho nttftudo OF tho farmers townrd the
Supreme Court, and tho views entertained by
thom Of tho Alton Railrond decision. It is evil
don't that hrr. Hooton is conscientious man, and
that those whom Lo represents, 80 fur as thoy
coincide with him, only mood to bo convinced In
order to abandon any erroneous viowa thoy
may havo inblbed from tho epeeohoa Of dcnaa-
gognos. or acquired by tho processes Of their
own reasoning. Az Mr. Hooton asks that he
may DO sot right whore ho is wrong, VIC will on
deavor to tell Wherein wo thiuk he Is wrong. And
first wo affirm, as maxim Of Inv, which cannot
bo upBot by upsatting tho Supreme Court, that
now Constitution cannot DO anything in tho
way Of abrogating contracts that q Legislature
cannot do. Wo are not now discussing whether
a railroad charter Is contract or not but no
maintain tho naked proposition-a proposition
which has been repeatedly affirmed and never
doniod by judicial tribunals, and novor will DO
roEeracl-tlat tho powers Of q Constitutional
Convention to 60 backward aud pass cr post jacto
laws are not whit greater than those Of Logis-
laturo. At the timo tho Convention adopted tho
clause directing tho Legislature to pass laws FIX
ing maximum rates Of freight and faro on rail-
ways constructed prior to tho adoption Of tho
| Constitution, we expressed tho opinion TINT 1t
was both imperative mud demagogical, and We
have soon no occasion to change that opinion.
Entertaining these viows, wo dismiss all that
portion Of A1r. Hooton'a argument which rests
upon tho assumption that tho Constitution OF
| 1870 Inns voated the Legislature with powers on
this subject which 1t did not before possess, aud
tabiish. Tho first Of these il that the Supreme
Court is about 100 years behind tue times In
another placo no Bays TINT his remarks re-
garding the Judges apply to tho Bar
generally. we are happy to believe that thoy
do apply to tho Bnr genorally,--that study Of
| the law loada to royorenco for it,-and that Ia
order to got Supreme Donch to overturn the
law on the ground Of its bolng 100 or 1000 yoars
old, It will be necessary to elect a Danch COM
posed OF farmers, editors, Wearore, toinors,
tinkers, aud bollows-,nondcrs, and other persons
chosen with reference to their want Of knowl-
edgo of tho law or reverence for it. It there
over WAS time when it became tho legal pro-
fesBlon to etand in solid phalanx for the honor
yea, tho very exiBtonoe-of thoir profession, II
is a time when the doctrine Is sot up
by a numerous md inGuontial class TINT
Judges aro to DO unaeatcd because they adhere
to tho common law-for this no take 1t. is what
is meant by law 100 years old. It is difficult to
answer tho charge That. the present Supreme
Court is 100 yoarB old, and is behind the timas,
and all that. Tho Judges arc no older than thoy
Ing and experience. To elect younger lawyore
to tho Bench will not help tho matter any, unlesa
their decisions are Pledged beforehand, eithe,
/ directly or indirectly, land lawyer who wouli
pledge l1ia decisions beforehand ought not nero.
i ly to be defeated, but to DO expelled from tht
Bar.
Mr.. 1Iooton's second point, Is that the Cour
"attomptB to rulo tho country regardless Of tht
wishes Of the people," The Supreme Court O.
Illinois does not attempt to rule tho country q
a]l, either according to the wiBhoa OF th'
: people or against them It rocoguizes the fac
; TINT ruling tho country is not ono Of its funo
: tions. It's business Ia not to mako law, but t.
declare what tho law Is in disputed casoa whol
properly brought before it.
Wo pre- not clear what Mr.. Hooton intenda t
say in lis third point, but will assume that Il
means something like this, viz: "rho Cour
t comedies to tho Legislature the right t
ostab1ish tho price Of corn, or t
! fix tho ratio Of wages, or to send me-
I to prison without duo process Of law (theso be
0 Ing tile powers Of IN absolute monaroh), bnt
: denies tho powor Of tio Legislature to interior
: with contracts" Our understanding is, that I'll
: Court docs not concede to the Legislature eithe
4 tho powers Of Nh absolute monarch over the pee
: ple, or tho right to abrogato contracts.
t Mr.. Hooton's fourth point Is, that the Cous
It decides too many caseB in tho light of prect
= dcntH This il liko saying that a preacher take
d too many of Ills texts from st. Paul, or that
n doctor makos too mnny prescriptions from n
o corded caaes of ouros III the motict
r books. precedonts aro simply decisions mad
= aforetmo by eminent Judges in oases moro O
d loss similar to tho case boforo the court. It
tho business In part Of lawyers practcing In til
Ia Supreme Court to collect aud arrango proocdon
d which they dcem relevant to tho CAUSES Of the
k olionts. A precedent may hayo It's origin In q
= English court, or In tho United 6tatoa supron
s Court, or in my Of tho State Supreme Court
T. or oven In tho courts Of anoiont Rome. Tho,
IL is only onokind ofapreoedent absolutely bnlln
X on tho gupremo Court Of Illinois, aud that IL
l. decision quot dletum) Of tho Supreme Court
10 th6 United States, in q parallel caso wl!ero tt
o said Uultol States Supreme Court clear
10 had Jurisdiction. III such case proc
t. don't is binding and imperative upon
t, State Courts. In all other casos precoaonta MI
ID be followed OF not followed. More or loHs weight
n attached to them according to the reputation
., tho Judge Or Court pronounQlng them. II u