The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1874-02-03
BUSKIRK TO BAXTER.

BUSKIRK TO BAXTER.
A SUPPLEMENTARY TEMPERANCE LECTURE
HOW TEMPERANCE MEETING CONCLUDED
In BLOOMINGTON.
Readers of the Sentinel i'll remember a
week ago the full report given of the Hon.
Mr.. Baxter's temperance lecture at Bloom
ington and the reply thereto by the Hon.
Judge Buskirk, OF the supreme bench. The
meeting passed resolution censuring the
majority of the supreme bench for deciding
the ninth section of the Baxter bill uncon-
stitutional and commencing the minority,
of which Mr.. Buskirk was one. for dissent
| ing. Mr.. Buskirk being in the audience,
was observed and called to the platform.
The Bloomington Democrat gives this &C
count of what he said: When / was elected
to the Office which l now hold, / determined
that would not during my continuance on
| the bench take any part in politics or en-
gage in public discussions. l have thus far
strictly adhered to my resolution and intend
| To continue to do so. While the recent ac-
ton of the coordinate departments of the
state government has done much toward
| taking the subject of temperance out of poll
| ties, il has not so far removed the subject
| from the arena of political discussion as TO
| permit me to express my views in reference
| to such legislation. Besides, am restrain
| ed by the respect and Difference which are
i Ouo a cO-OTUlQdJ6 department. OF the RON0rn-
| ment from expressing any opinion
as to the policy of such legis-
| lation. 1t is the exclusive province
of the legislative department to enact laws,
and such department should be held respon-
sile for the laws it may enact. 1t is made
the duty of the judicial department. to con-
| strue such laws and determine whether they
are in conflict with the organic law. Upon
| the executive department is imposed the
| duty of seeing that the laws which have re-
ceived the sanction of the other departments
are faithfully enforced. ANY expression of
opinion by me to the merit or demerit of
| law might embarass me in passing upon it's
validity. But there is a stronger reason
than have yet stated, why should stu
| diously abstain from any expression OF
opinion as to the Baxter law, and that is,
that the supreme court will soon be required
to pass upon the constitutionslity of and
place construction upon several sections
of this law. Such questions should be de-
| cided without reference to whether the law
| is wise OF unwise, polite or impolitic
| With such questions the courts have Moth
ing to do. If the law is not plainly repug-
| nant to the constitution, 1t should be sus-
| tanned and enforced. II il is constitutional,
but unwlse and impolitic, the legislature
| should amend or repeal it. i, however, avail
myself of the opportunity to enter
| MY SOLEMN PROTEST
| Against the policy and propriety OF tho
resolution, which expresses disapprovsl of
the opinion of the majority, and approval OF
the opinion of the minority of the supreme
court, holding the ninth section of the Bax-
ter law to be in conflict with the constitu-
ton. While it is very gratifying to me to
have my official conduct approved by NV
neighbors and friends, 1 am unwilling to see
| a precedent established which may result in
great injury to the public service. If the
Ia L..
to call public meetings and denounce the
IOpinion of the majority and approve that OF
| the minority of the supreme court, the enc
mics of the law have the same, if not a
greater right, to call public meetings and ap-
| prove of the opinion of the majority
and denounce that of the minority
| If such practice is to be tolerated
then the independence of the judiciary
upon which depend the protection of the
| lives, the liberty, the character, and the
property of the people of the state, will be
greatly impaired il nos utterly destroyed.
1t is indispensable to the due administra-
ton of justice, that the judges should be in
dependent of public opinion and Indifferent
to and uninfuenced by popular clamor. 1t
is their duty to decide the very law of the
case, and this they should do regardless of
consequences personal to themselves. |
trust that you will excuse me for saying,
that in my opinion, you are Incompetent To
pass upon the question at issue between the
members OF the supreme court. am quite
sure that, Notwithstanding The varied and
| profound learning OF the members of the
faculty of this university, they do not fully
comprehend the question, and are not pre-
i pared at this time and in this manner to
| either approve or diSapprove of the acsion of
the court. The question involved was
whether the ninth section of the law was
embraced by the title of the act or was
properly connected with the subject express
ed in the title. The majority of the court
held that it was not, while
THE MINORITY
Were of the opinion that such section was
properly connected with the subject express
ed in the title. The solution of the question
depended upon the construction which
| should be placed upon section of our con-
stitution. The two opinions review the de-
| csions of the supreme court of this state
upon the point involved and those of sixteen
other states, where similar constitutional
provisions exist. The question received
| very careful and mature consideration from
| each member OF the court. Inc preparation
| OF the dissenting opinion cost me much time
| and labor. The question is one upon which
Judges learned in the law and familiar with
the rules of constituting constitutions, might
honestly differ. Each member member
| of the court required TO decide
for himself, according to his judgment
and conscience. do not mean by
what have said, that judges are not to be
held to strict accountability for their official
conduct, nor that their decision should not
be reviewed and criticised, but what de-
preciat4i in any attempt to influence, control,
| intimidate or overawe the judges by the ex-
preston Of public opinion. The other reso-
lutions relate to your action as citizens and
| voters, and if the sentiments expressed meet
with your approval, you have perfect right
| to express such approval by voting for them.
| I desire to saw in conclusion that l have lis
tened with much pleasure and profit TO the
very able and instructive lecture of Mr..
| Baxter. He is engagedin anoble and praise
/ worthy work. He is giving his time and
talents to the cause of humanity. My
prayer is that God will prospar and sustain
/ him in his effort to lessen the terrible evils
| of intemperance. But 1 suggest TO him
| ,ybather hara il not danger of his impairinQ