, 1873-03-28
Soantor Cuatlc on s. lforcraing tlac ST..
prcalae Court.ss

TIVE Cu1cAoo TN1BusE Of tho 22d inst. has
taken for to1t /. sontonco in letter written by
mo When it was first ri,mored that tito Supreme
Court had rovereod the decision in tho Mclean
,uatls III that decision woro made publio,-which
sentence was to tho effect that tho ''peoplo
might have to continue to fight until tloy re-
re,:sed' The Supreme Court" fl,in THE TnInuNE
deems "subyerAion Of low, and woald lend to
ment."
Now, ! bolioyo that Judges Of all courts aro
their deciBions arc swaycd by their education,
proiudcoH, habits Of life and Thought, md asso-
ciationa; that, whilo they ara honeatly acting,
they may bo imporcaptibiy biased; and that tho
ment and keep in accord with tho progression Of
tho age, ii may bo necessary to 'reyorse a
court" This opinion may bo Revolutionary"
mcnts. On ono extromo, we find tho people, tho
source Of power, naturally revolutionary" pros
| grcsAtre in their nius, ind Mt war with preco-
donts. And from them 90 up eyory great re-
| form At the other extromo, wo fluid thu courts,
conservative in act, and over looking back for
! procodontB by which to squnre lie present. And
these extremes couduco to tho public veal. But
| occasionally tile people press onward to the de-
4 veopmont of IN idoa Whilo the col1rtn block tho
way with their projuaicos ayrayed against limo.
| vation whnn NO may rest assured tho courts will
eventually bo ''royaraed." Nor s this now idon.
In our State, in 1s39, Gov. Carlin appointed
| Senate decided thoro WIS no vacancy, thereby
kcopingA =. Field In that offico.. A1cC1ornand
sued for tho Office before Judge Droose md won,
and % royorsod w Then, under tic m 1oad Of Stephen
a. Douglas, it was made q party Question, and
tho Supreme Court was "roverscd by the nd
di.lon Of five Judges, ana Douglas ono Of tho
number.
Not many years since, tho snme oecnrrcd with
! tho Supreno Court Of tho United States when
tho opinion giyon by Judge Tanoy n regard to-
tho Fugitive Slave law was rovorsel by the ar-
pointmont Of Judgos known to hold different
opinions. And recently, IL I mistake not, wo
| havo seen Il decision OF that court "rovorsod"
OH tho question Of tho coustltutionality Of 1ogal
tenders, by plaong new men on tho bench.
| No lcBg than IHE TRIBUNE do I bnlievo in
| yielding full obedience to law; but, whom that
I low goos counter to good aenso or public intor-
est, boliove in reversing tho Inv. With tho do-
cloion Of tho Supreme Court In that Mclean
County case the people arc contont, na am I, but
there IL still tstrust OH tho part OF tho people
as to whother similar failinga might not bo found
in any law enacted, rs to whothsr it is possible
Court would deem constitutional and without
faw. In sucll oyont the pooplo wonld prefor n
| Supreme Judge whose construction Of tho law
is tho Same as Judge Iipton'b.
liotum Of a court. I bolioyo there arc mono of
this earth uas,ayed by tho passions aud pro1n-
dlccH Incident to other men thoy may he lonost,
but matalton; aud Auch L thing M dishonesty
|
prudence. Yot our Supreme Court stand do
seryolly high both for integrity aud ability and,
| whilo defending my opinions, should regrot to
DO understood us iutiMatlng tllstrupt Of tho
eminent Judges IT That Dsnol,. Their DECISIONS
| aro before the people, and must bo Judged upon
their merits, mud aTory American citxoi has un-
doubted right to judge these Supreme court
| Judges.
Now word upon tho general qnoation. The
great question to bo decided ia awhotlor the State
has parted with Its sovereignty whether rail"
peror to law, AMI, whom it ia sottlod, tho exoito
mont will substdo. Az tho caso now stands, the
Genoral Aeaombly onRctod q law making certain
tatoB for certain railways. Tlese roads say 1t Is
not for thor intorost to oboy this law, 20 they
will disoboy until the courts pasa upon It, and,
having an interest OF nearly $3.50 600,O ,OoO, tAoy
arc enablod to- thus override tho law.
Now, tho private eitizon, under tho sumo cir
cnmstances would, In his poverty and lack Of in
auence. Of necessity haye oboyea tho law until
1t was dooided unconstitutional. What the peo-
tlonsa stand before tho law On tho sa,uo footing
alonce must bo 1ooidod by tho suproma
Court, lot 1t bo co Understood for
tho people ~ we'll ns tho corporations,
and thus virtually givo tho law-n,nAng
powor into tho banda Of tho oorrt8 Or, II tLa
people muBt obey the law until 1t Ia decided
against mako corporations do tho aamo, and
this contest must continue until this question ia
settled by all corporations yielding tho same
obqtlence to Htnto onaotments aa ia required OF
tho citizen. Whom that Ia accomplished, the
regulating OF Must Determinations will bo COM
paratlyely easy, aud nust follow IL Justice to the
J people. II. D. CASTLE,