Mower County transcript. [volume] (Lansing, Minn.) 1868-1915, 1875-09-23
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Court ID in Session.

So common is the resort 10 legal for,nali.
ties for the settlement of disputes, and at
such regular intervals do the courts hold
their sessions that the people are familiar,
with all that pertains to their organiza.
ton, powers, and practice, and yet com.
paratively few, ever realize that every yer.
dict Of jury, each order OF Judge, and
all the DEGREES of a court, are scvcrally
but expressions of the public judgment
made by duly constituted authority. A
jury of twelve men if they regard the sa.
credness of the oath which they take, af
ter listening to the testimony adduced in
their hearing, agree upon a verdict ofprc.
cisely the same character rs the one that
the people would render we're they called
upon to express their convictions in legal
form. A judge if he have the requisite
legal learning; that pr obity Of character
and that nice sence of justice so essential
to the administration of judicial office
speaks the opinion Of the people in every
decision which he makes. There is but
very little latitude given to the courts.
They arcscreaturcs of law.-lcgal machines
Their powers are defined, and their duties
prescribed. They arc to follow precc
dents in all cases which have met will,
popular approval. If in the adjudication
Of certain cases, violence has been done
to some principle which is fundamental in
the structure of our government; or an in
jury has been sustained by litigant, it is
the duty Of courts to make such devia
lions from former rulings as may be nee
essary for the promotion Of justice, and
for the cxemplification Of correct princi
pies, otherwise they must repeat the decis
ions Of their predecessors. There IS bu
little opportunity for court to exercise
what is called "disoretion," except in pre-
liminary and interloculory proceedings
and in fixing the term Of Imprisonment
tor which conyicts are to lie sentenced. lr
these matters, there is such manifest pro
priety,-rccognized BY all, that court sci
dom dares to transcend the wcll-cstablish
ed rules which have been followed il
such particulars I. appears then, tina
legal forms and those who apply them arc
but agencies for the pronunciation of tht
opinion and the judgment of the people
whenever an appeal is made to them by
any citizen: hence it follows fundamcnt
ally, that if the judges and the jurics dc
not administer justice, the people arc them
selves to blame, and they must sustain tie
responsibility Of the wrong which thci,
servants may have pcrpetrated. If this is
true, (and few will dispute iO let us hold
these officials to rigid accounta billy 70,
all that they do,-rcgarding each inprope,
act Of theirs, as al imputation against the
honesty and the intelligence OF the sover
eigns-tLc source OF all authority, and the
tribunal to which justice should never ap
peal in vain. Let US remember then that i,
court is mere agent oftle people, sitting
only to promulgate their opinions, and to
direct the execution OF their DEGREES. 4
people charged with the duty of defining
their own rights, prescribing their own
duties, defending their OWL liberties, and
perpetuating Il republican government
should be honest, Industrious, sober AMI
wise, for only such are fit to constitute
the source whence cmanatcs the power
! employed by the several courts.