, 1876-03-22
THE SUPREME COURT.
WHICH IA THE TAw2

York Court Of Appoal.. This prccedout niror1s |
a Justification for few romarkB addressed to |
tho lay brothers an vol On tho I}ar, concerning
sonlo recent etops which ,ho Supreme Court OF |
Illinois aa takoh In tho direction OF convincing
tho ',nbo that tt,o law which s commonly sup
posed 10 AFFORD tho citizen guido In tho trans
nction Of Lis Lua1ncGa ig Ioluaion and Rnaro.
on, firmly CONVINCED that thia Court haa dono
moro Hlthln tho lat fow yeass 10 dcatroy all
confidence, nok only iii ita own dociHons. bus
what Ia far moro minchovous aud far-roaehing
mtsfottuno, ali confidence In tho uniformity anu
stability Of law % rule Of actlon, than my
other Court of last resort In th!s county,
A wr,tor tn rucont number OF tho Central
Lan journal tiRa pointed out 70 tie Nsr ono ot
tho moat wonderful performances court OF
laAt resort was ever guilty Of.
In tho caso Of tho Peoria. PokIn 4 JackBon-
villa lsaitronA Company VI. biltmal, 9th vol. of
Illinois lloporls, T. r.. tho plaintiff bclow, Silt-
1ylau, askca the Circuit Court TO glVo tho Jury
tho following Instruction.
On tho part Of the plaintiff the Jury nro instructed
TINT II tloy bollove fron tho evidence that bell
not runs Or tho whistle sounded 1t datance Of "
rslH from the crossing, End kor ringing whatlInx
ill tho crossing waa fcach9l, and the plantiu was
ulI into security by tho rraaon Of s,eh act,cs on
tho mart Of dcfcithntA then tv plaintiff would hare
the right 10 roc0Scr eVen though la werh guilty Of
| slght negligence.
InsHn,ncl, aB tho evidence tended 10 chow t!.as
Hiltmau had hiH wagon md tonm injured by do
foudants Iratu Of q public crossing on account
Of tho failure Of dofe.dant's seryhnta to ring n
boil or gound wtlisste 90 rods boforo tho
trnin roached the cro8slug, md to continue such
Court below, Judge Charles Turnor, garo tho
instruction. aud !ho Jury gave the plaintiff darn-
ages. Tho Company thought 1t would "chance" :"
OIL appeal TO tic Supreme Court, aud 80 took tho
eauHo to that tzibnna'. There tic luck changed.
Tho Supreme Court xrayely declared that tho ili-
s&ructlon quoted waH ~ MI evasion Of tito statute,
aud calculated 10 migload the jury" mud conao-
Guentas 1oror!ed aud ro.llandod tho case.
It appears, lowovor. TINT about tho tn1o Bill t.
| man incurred hia damagos, while driving lta
| tenn acroas tho Peoria, poEln d JacksonyIo
Railroad, In Mason County, ono John Elmoro
also had Ills wagon broken aud bis horaoa killed
Or injured while csossing ths Ch'eago 4 Alton
! Railroad 10 A[onard County. Elulore euod md
| charged the samo negligence on tho dofendaut III
his case that siltmaIt had charged on tho de-
Turner Ind instructed thn jury in siltma,'a
caae. Eln,oro bud tho instruction above n1en-
toned. copied yerbatlni ct litosatttu, and asked
Judge Turner to give it 70 the jury. Tho Judge,
nou.,ced In that tnetrnc.ion. again gave IT, and
Eimoro got verdict. Tho Chicago & Alton Com
phuy, a"ara nlBo OF the uncertainty Of law. mp
poaled tho case TO tho Supreme Court but had
instruction, which ts word for word tho samo nB
tho QUO IN Hiitman'B case, md making tho nsser-
ton that it is ''almoat in tho language OF this
Court IN tho case OF tho Chicago. Burlington 4
|
| 49," proceed to SHOW by reasoning TINT tho
| rulo OF law announced in tho INSTRUCTION IL
sound, and affirm tho Judgment Of tho Circuit
| Court. Thta case Of EImoroa wns argued at the
Halno term with b1ltmnn'a md decided ut tho
aamc time, mud appears reported In tho pamo
volume Of Reports. At p. 17a.
1t may vol DO imasluoa tint tho 07th volume
OF lilinois Rcports aps0unLed tho profession.
Tho Albany Lao Journal. aftor renaarking tint
this wns Ole Of tie moat remarkable instances
Of judicial qualification OF record, proceeds ag
follows:
Tho csnsra, Lato Journal, In commenting on tho
satsncy might be sceonnsoi or u o @ loory Fl at tio
q nss
Justly oondemns this exercise Of discretion ccu-
ia tho stability ot tho lav: II tus ,'ocia!oa
10 done. aud hard eaacs iaul4ea without stint: Gil
whcn Il 8 considered that tlo decision beeoues at
lous must ba tason not to graft upon that eysotn
nsonsstsnsy ,s. es spons'ys T!s sou5.s soult
Vol a. e,ses Jul sho ri tlst jadlssl iezslson i
10 often rcsorIca to with evil Objects 1a another owl
s
uniformity eau bo attained.
It Ia not ueccssA:y. petbapn, to ofTor any
theories Which would account for shla Judicial
nuts before delivering its opintoua Of 1t may bo
piooo Of caseteannesa which Gnu he partially
ronetled by great caro- In tho future. Tho re.
, putation OF Court OF last resort, however, Is
like tho reputation Of woman. oncO go1,e II Il
lard to rocover. Whom It Ia said Of Conr
; that At the eamo totm it 1endercd two Boloml
. judgmontB upon full argument Of loarnod coun.
scl ono OF which judEmontH announced cor
,. tain statement to be law for tho government o
. | tho people, and tho othek announced tho 8nmt
abatement to bo no Inv but an evasion Of Inv
enough has been said not only to shnke tho cor,
tidanco Of tho Bar In tho Court, but to unsottl
bo changed by TINT tribunal Not QUO of TIC loaa
Of tho ey1l conaenuencoa Of changing rules II til
enormous increaac Of litigation. A law suit bo
= | comea gnmo OF chance, aud has all tho faaci,la
tiousof such gamo. Tie worat cause may win
, | Eeto4u A.tu aAauRoo ~ suo Vo1y couFs tuas mant
a - @sr,;c.t,o ~ .",,a aasuT VIZ ~ 1S sos naso
4 a1a W" ~ ~ VI I an'o .1o .o1Io ny yeol
i u uApei.9ueo " W no.i'u Auu Aood ih lte opoF