, 1874-12-12
SUPREn5E.COvnT DEFORMS,

NfIts1lE, 1GH ttIeu Win lilo OSheF EHpeIHs SucIl
opinions shall also DO spread at large upon tho
rccorils Of tho Court" Tho following SECTIONS
provide for publication Of suoh opinions in vol
mos, which st,nll bo distributed to judicial OIL
core, mud Bold to tho public.
THIS Wholesome iaw waa ro.enactol i'll tho 70.
vision Of 1874, a'tor test Of twanty-ninc Soars.
III which ta object has been Substantially accom-
pliBhod.
It's primary object ID to Heonro responsibility
and integrity III tho decisions. No Judge in
really willing to make tho Writton record OF folly
or OF crimo lowovor much l,o may bo influenced
by public pressure or p1ivato interest or gym
pathy. It Ia caay to ronaiu In tho background
and mcroly vote wLcro tito vote Is not reg iRterod
and minority coutrols. No Individual ID sub
jccted to tho responsibility OF public judg-
,ncnt. In the systom adopted II au agree, the
opinion can be per DURHAM otherwise, stated by
QUO or moro of tho Judges, bound by tho pub
licitv OF his action correctly to Gtatc tho law (or
At least plansib!y}; md, il my assagrao Ia tho
reason or tho judgment, they also state their
views, which hold tho naiolity UP to Rovero crit
iclam,-th1,a giving double check.
There aro mnny judgments TINT, without tho
opinions, would be wholly unaccollntablo, and
suspicion would constantly polnt to unacco1tnt-
ablo Gecisiouu Rs tho result Of diahonost pur-
posea.
Iaehcari,ss arc aa essential 10 Justice rs ap-
poals. In moro than QUO instance tho
reasoning OF tile opinion has been all
ono way wlcro tho decision WIS i'll
advortcntly tho other. In many, clear
priucipto OF law, succinc.lr statcd in tho nrgu-
n1cnt, or mattcr Of fact. definitely and clearly
contained in tho record, 10 overlooked. Tho
op1ulon Ahowa tho oversight, and it is cor
rvc.ot.
From tho times Of John Hampden, courts hare
had presented to tllcm "teRaona easier to out-
vote than to auawcr, as historian says OF the
case OF ship-monoy, from which tho outvotcd
reasons organized the British Revolution.
Thero aro casos ip Illinois in which roason haB
bcon outyoted, ana decisions Fastened upon tho
Statn that hayu made refor1na impossible. IhoRe
reatiug to special Lawn and private corporations
under tho !ate Constitution, are namod Al such
by Mntly.
TLcro have been locIaious In which tic law
has been supported by bare majority, i'll which
tho minority llas pursued the debate with rancor-
otis bitterness that brought compromises, or would
lavo brought them but for tho public stal1 tue
opinion gayo the Judge rho wrote it. All Judges
compromise. 1t il said by u Judge and . plain
man adds: aud barter a part Of their caths aud
judgment for poace In tho family. But how
wonid it bo If Aosen mou could bo allowed to
tnke Thousand caBes, aud decide tlcul III Hecret
couclave, without giving roason or Glow to
cIavo would bo promoted by Withholding it7
Grnnt tint the Jl1d.es 0! Illinois ato uoueses
ipcorrapti!le, aud ca.efM this is ono thug tllat
Lns Kept then, 40. Fow meh tnrn out dcfaultcTa
wlo nre closely Natchca aha. as TINS naa proven
and is q good uteck end watch upon them. 1t Is
| really au c!licient guard to tue purity Of tlo
Office. Not roTtcct out SUI . lene una steauy
reminder That they afe not ucu1eoas' eSo1c!eihl
o vast nnd Irresponsible poWor, w sefshnts o. o.
the people. required to give tho reason for their
nrttD&, nrerv CIGc. however 6H1ll,
Thoro aro many cases ~ when NO iegal CUES.
| tions nro involved tAnd III which II ls Snought
they ought not to DO required TO write opinions1
which are, novortheiets, reported at le"ssli' aila
duty imposed, tho law il not Responsible. II tho
Judges will write five pages to state what they
| should laye comprised III i've hnea shoy afo to
I be blamed.
| X they would hava printed blank,-Whch 81
| out Of tho appropriation for stationery would
| procure. .--Rud at the turn, When they tako tne
caaes for consideration nnd oxanllna und decide
tlcn', would enter this Judgment in I'LL whore ]:
IL applicable. it lg Eal It would tako ono~thira o.
tho cases OUT OF their way Mt ouce, VIZ: "Illc
only error alleged upon this record is, thes tha
verdict Ii ngaAst tue esideslco. Thcro II owl
| denco to support the verdict. Wo aro; thore-
fora, OF opinion TINT tho judgment should 10 at'
frmed." ...., -...-
| Should all hucll cascs bo disposed Of at once
with !. auccinct atatonlent OF tho opinion, and
Judgment entarcd Without aelaY It would disl'oBe
| OF llsleh of tho Rubbish. NJ ]! IL eAilod.
| II tho statute still requires the roview OF vor.
| denco q rulo Of court could 20 mado Which Woniu
relieve tho Court q nulcl lahor; O, g.: Nc
appellant or plaintiff IN error shall urgo " this
Court that tho yordlet III against tho evidence
Ing tho particular point on which ev!dctico II
laeking, to DO Heryed with the aciro> facias
II plaintiff In error; or, u appellant such notice
shell ha served at least thirty days before ~ sLt
Iffn finn n