, 1873-04-03

md trohted by tho LoglHhtnro as potty 1esa
inferior Courts, It, h,dood, seemed as though
tho object thoy Ind hoped Tor would noyor DO
attained tint thoir ambition wonld novor DO
roalizo1, aud TINT tho Court must bocemo dis
Court, to perform its functions with advantage
to tho State, md to sco,lro tho purity Of tito
laws, miiat bo established firmly IN tho respect Of
tho people; and II 1t failed In this first 1cadora-
Ing tho loss Of a doarly cherished companion,
Tic reporter suggested that tho prosous Htato
Of pnblio opinion, having boon brought, about by
plucc, ni,d tho Chicago Il Alton Railroad
dociRion in tho next placo, might possibly
pasn away, II 1t could lo shown TINT the people
wero being 1nialed by public agitatoru' WIG other
pidos, tho country was now ono, and 1t was to
bo expected TINT tho 1nws should 1T nnoaBly at
frat 1t waH tho caao i'll ncarly all settled co1n-
tries. Eng1auds lava Ind grown, with the
growth Of tho nntton, and 1t no timo proved
cumbersome. Hero, great poop1o sprang into
manhood, as It wore, iu m instant; atld tho
roaly-matle laws TINT wore furnished for thoir
use, laad not got boon adapted to thcir mako or
wants.
Tho Judge said that Was one roaaon why ho
1lad not already rcsignod his position On tho
bench. 11o nt first had no othor thought than
sof reBgning, but tho moro ho had reflected, tho
times Of danger, aud doubt, and difficulty, whom
tho law was looked upon with suspicion, and tho
future Of tho courts appeared dark with doubt,
that 1t hohooyed tho patriotic Judge to stand by
his post unt'iilchingly,, aud to faco tho storm
tho poop1o. THO fault vas principally with cor
Supreme Court, but migatatol tito faota.
fi1o reporter inatancod tho elections, follow
ing close on tho loels Of tho snpcraodcaB excite
mont but tho Judge did not avail hinlsoR Of tho
knn
Hons.
ErEc1AL I.E01aLAT1oH.
The reporter having asked the Judge hia opin-
ion III to the special legislation Of thH State, tho
iis' f%y onoha % 10 Of "t tic ma of tho supreme Court
is takon up in righting matters under tho Con-
stitution. Laws wero passed without duo COLI
sideration. Rookless and hasty legislation , Wns
tho cause OF great pa1t OF tho OWL Tor which
eiblo. It was no fault of tho. Judges.
If material intorosts wero injured, or Il
o state Of things TINT Ind boon created
BY IN unconsttutional law, s"ero rovorsod'
Court declared auch uuconBtitntionality yot tho
people, pcrvorsely listening to malicious teach-
ora, brought tho authority Of tho Supreme Court
INTO dsfeuto It unpleasant ot9a tho JagSo nf
laws. Where it became IN imperative duty to
declare law unconstitutional, if they did not 80
dcclaro 1t, .thoy would bo regardless Of their
solemn obligation. ~ Beemcd 70 nun hpbttu
TINT such chRrgesa Ind heen brought against tho
Judges. It was incredible that reasoning mon
would listen to such stuff; md 1t sounded un-
natural In his own oara TINT he should bo dcfond-
ing tho Court from such accusations. Yet
thero was q nocosBity for it; m outcry
had actually boon raaod; md tho. pcoplo
seemed to have become go blinded to tho facts
as to DO no longer able to listen to reason.
Hendlong Legislation was tho fcaturo Of tho day.
Lnws wero mado that muat inevitably bo atriken
off tho statute books tho Legislators piled up
hoaps Of stuff that could havo no possible result
but to hindor justice and to tn1uro tho people;
and then, becalso the Courts did thoir duty, the
a' The reporter a I hoped @ tks atate Of hings might
improve in the conrac Of timo.
Tho Judge thought differently: Tho Goycrn-
mont Of tho country was crumbling away, and
thoro WAS literally no romcdy. Tho mon ut tho
head Of nffairs wore no longor capable mon, nor
just men, nor honorable mon, but thoy woro of
all tho people tho leaat fitted for thoir posts.
Tho machinery OF government soomod to have
become hopolesely cntanglod, aud thoro was no
this way, with much omphasia, for conBidora-
bio timo, doploring tho tendency Of tho day to
corruption, and tho aubBoryionco Of all great III
forests to tho neod Of politics. ThiH condition
state Of things now existing in tho ontiro country
from which wo could not expect immunity. Tho
beautiful odi6co TINT had boon reared was top
ping over through tho sheer 1ncompotonoy Of
those who Administered tho country. Compare
tho mon who wero ct tho holm of nirairs today
with tho mon Of only twenty-five yoars ago1
OF, and by him who eagerly watched tho col1rao
Of events with feelings Of loye for his country.
Surely tlloro must bo such men living in 1873
as thoro were In 1Y40: But where were they ?
try ri That kept them out Of sight How was it
that tho puro, tho patriotic the truly grea:
camo to tho nurtace, md that tho Administration
is In tho hands Of the corrupt tho ignorant, and
md tho State Of Illinois could not but expect to
share in the general humiliation.
The reporter suggested that moro corruption
could not have effected this. Thore must hayo
been Bomo otlor AGENCY at work.
| 80 there Was, said the Judge. Tho best men
Of the country had disappeared from tho field Of
politics, to devote their energies to moro honor.
able pursmta. Tho talented sons Of
tho nation onnovsmIg had songht San ShGp 'h'nt N
ono time tho people for orncles Ind tho lnwyers i
honorable characters. These had fadod away,
| and tho prosB had atepped into their place;
tions might be, did not fulfill tho eamo functions;
| wliethor from tho varied nature Of their enter
| prise or from the curious compound Of people
| and beliefs that composed the caBs.
| i REVOLUTION IMPENDING.
Diyorting the conversation ITO the changes
everywhere going On in tho social history of tho
peoplo, as seon IN tho decisions Of tile Court
itself, tho reporter asked the views OF tho
Judge thereon.
His Hoaor said That no ono could havo watchod
tho progress Of events without percoiying that
great changes had grown up around tho people,
although 70 slowly thnt eyory QUO failed to up
prociato their gravity. Tho old Supreme Court,
before reorganization, had no doubt boon aware
Of tho tendency Of modern Legislation, ,-ho now
reforred particularly to tho rights Of mnrrled
pooplo-but thoy had boon reluctant to giye forco
to tho movement, and held buck from recognize
ing it, Then tho existing Court was organized.
It camo on the gtago, finding that tho Legiala-
| turo had anticipated its action, and preoptated
questions that Aad long boon ponding. It was
useless and undesirable longer to procrastinate.
and tho first Of that now celebrated sorica Of
decisions, respecting tie rights Of merriod men
aud women, wore gfvon. Tho people, unpre-
pared for s,ich sweeping charges, wero ready to
bolIovo tint society waB already diaorGanizcd
and TINT tho old lnnd1aarks had boon wholly
ewopt away; whereas, tho truth WAS, tliht thoil
Legislators hal mado but Quo step, from the darl
sido Of doubt into tho bright side Of certainty
but compelling tho Supreme Court, at ono blow
to throw all roservo to tho winds, and to decnre
at onco, tho existing state Of tho law Us tho,
found 1t on the statute book. The re-
formers had o complete victory, nnt
tho entire rotations Of man and wife appeared
to l1ayo boon reyerscd whilst in reality, tho.
Ind slowly changod yoar aftor yonr, no yiolon
declaration OF tho now lawB over being mndt
.,JoHo 1H1.tr limit