Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1875-12-30

witt other questions of like nature so that the
people should be satisfied of his judicial capa-
city before they gave him first grade certif-
cate.
Now, sir, know have been guilty of err
rors. There are some cases involving no legal
principles, but only the weight of evidence
some affirmed and some reversed by the
Supreme Court, that | might decided differ
emily. Needing the mantle of charity to
spread over my own failings, | shall likely re.
pent of the harsh language / have used as
applying to some rulings of higher court.
But how could | help it? just as | was
writing, ruddy- faced Engshman rushed into
my office
Judge Mills, do you recollect me ?"
''Well, really, / do not; when did you get
acquainted with me ?"
why, Judge, I'm the man who had law
suit before you two years ago Ny title was
not good, but you told the jury | should get
pay for my improvements. The jury allo we'd
me not near what they ought, and they took
the case up to some other court in Madison,
and Barber & Clementson tell me that another
court says shan't be paid cent, and the
lawyer will get my land and Improvements,
too. Can't you do something for me and try
the case again ?"
81 know you now; your name is Scott
w
in 1857, got law passed that supposed
put your right beyond all doubt and
peradventure. That very law the Judges in
Madison have turned against YOU. Law is an
occult science. 1t is for such men as you to
suffer and endure, not TO understand it, Nor
do understand it, Mr.. Scott. They are go-
ing to drive me from the Bench because dare
to differ from the Judges in Madison Your
case will be published soon in the AdUocate as
an evidence am not fit for Judge"
"Well, if they do thai, Judge, what will be-
come OF such poor, helpless, unlearned PEG,
pie as | am, and there are a good many
such?"
Well, my superiors must excuse me- |
must either be convicted of Incompetence on
mere enumeration of overruled cases, or
must be allowed fairly to compare my views
with those OF the court oyerruling them. BY
these am willing to be judged. will point
the Careful Attorney" to the case of Sitzman
vs. Parquette, 10 Wisconsin, page 1922 The
Supreme Court in this case decided that a
frs administrator could not resign that if
he did so, and a second administrators, ap,
pointed by the Probate Court, should proceed
and sell and deed the land of the intestate TO
bona fde purchasers, however fair the sale,
all such titles would be void, because there
could be no second administrator after
resignation of the first
In this restless country there were great
many sales of tie land of deceased persons
made by a subsequent administrator after the
resignation of the first. Astute lawyers were
not slow to find out the instance and take
advantage of it. N. c. Comstock, well
known merchant of Galena an old bachelor
died in debt, land poor, having entered large
tracts of land in and around Hazel Green,
and other parts of the adjoining country. The
Probate court Of the proper county granted
the administration of the estate to brother
of the deceased but he resigned, and filed his
letter Of resignation in the Probate Court
brOther>inlaw of the deceased, (W Ripley,
if remember right was appointed admins
traitor, and he proceeded and sold the Cum9
stock land, and great portion of the settlers
in Hazel Green, and some in La Fayette coun-
ty had some of this land they had cultivated
and improved it, but by a decision of our
Supreme Court, their titles were utterly
worthless. In 1864 some fifty heads of fami-
lies were sued in Hazel Green in the United
States Court at Milwaukee, by Messrs. Butrick
& Hill, law firm OF that city, who had
bought out some of the HERS of Cumstock
and fighting interest with the others. 9th
er cases were about to be brought iu the
Circuit Court of La Fayette county. | had
been elected Judge in the Spring. | foresaw
that nay first duty would likely be to enforce
on the bench rule of law that in my view
| savored of downright robbery. Perhaps it
| might have been misdemeanor in me, situa-
ted as | then was, to undertake the defense Of
the people of Hazel Green as their attorney in
the United States Court. That obnoxious
decision, as | regarded it, had to be overs
thrown at all events The last argument
ever made before court and jury was before
| Justice Miller OF the United States Court and
| a Jury IN MILWAUKEE,, my reauers VIII NOT Con-
| found him with Andrew G.. Miller) 1t was a
desperate fight, for Messrs. Butrick & Hill
| insisted that the United States Court was
bound to follow the State Court in explaining
the State statute. | contended our Supreme
| Court went outside of our statute and decided
upon the conjectures OF the antiquarian in
reference to old English rules. In the heat
of argument | used some pretty harsh
language in reference to the mock auction
display of learning in this long decision,
whereas it's only stock in trade was old, worth
less, Questionable goods that could not be
palmed off On the present generation. OF
that opinion was Judge Miller. | know that
nobody in Hazel Green, where all was at stake
on the result of this case, felt more Joy than
| did The right had triumphed The com
pulsion was under to enforce this unrighteous
decision was broken. The case was up to the
Supreme Court of the United States by the
plaintiffs There they were beaten again Mr..
Lakin aud myself prepared the brief. Justice
Field wrote out the decision.
Now that the Supreme Court Of the United
States differed from ours, as | regard it, has
nothing to do with the comparison we are
considering. The question simply is, for there
may be authority both ways, which rule of
Ia ,,ar Xvicact host and in rafaranoa tn
real estate titles and protection Of property
The decision of the Supreme Court in the 18th
Wisconsin opened the widest door for the
emoument of the legal profession of any |
now remember of 1t is not extravagent to
say that its being squelched by the Supreme
Court of the United States must have lost to
the profession many thousands of dollars
The legislature annuled the rule in reference
to future cases, and Hazel Green is safe.
refer particularly to this case, not that
would regard it as the worst, but its chances
to be ovefruled, Many slavish minds cannot
examine legal decisions on their intrinsic
merit and value But the case shows the
fearful power of the judicial department. A
Judge of the Supreme Court of Wisconsin
speaks and thousands trembe. Garry out his
decision and Hazel Green and other sections
of the State where land is held by the same
tenure is desolated as by a visitation of the
Almighty. Another Judge in Washington
speaks; their fears are queted-their homes
are delivered from the spoer. Tell me not,
you men that wear the collar of authority
and the ball and chain of precedent, that such
immense interests as these are to be disposed
of by the technical jargon of conflicting
authorities which the parties interested can
not understand. This decision, from a pro
fessional stand point, is regarded as master
piece of Judicial learning discrimative and
quotatve OF authorities ancient and modern
an anatomical dissection of the cases, discov-
ering the minutest vein and tissue. But, aye,
it lacks, the vitality of Justice 1t is
an attempt to resurrect the skeleton, give it
the prerogatye of life and bury the living
man in its grave. | have no admiration for
that plausible learning, that artful jugglcry
with sentences, words, commas and conjunc-
tions that reads a statute backwards, and
makes it crush the very rights was intended
to protect.