Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1876-01-20
LETTERS FROM THE PEOPLE.

THE STATE; ITS POWERS AND DUTIES
| assume it to be a fact that the
State is bound to protect its subjects
in their natural rights, and to do this
it must establish courts, define their
powers, and carry their judgments
into execution, with as little expense
and delay as possible. Wisconsin has
established three classes Of courts, and
arranged all the machinery Of the laws
so that each case may be taken through
all the courts. But, to do this, they
had to stoop to the degrading business
OF multiplying judgments of their own
courts, without cause, and when no
charge of bribery or incompetence
was brought against them. Let US
draw pen picture of an average case
as it comes into the Circuit Court. -
The parties are in attendance, each
armed with a score OF witnesses, and
two las yers. The County has been at
the expense of bringing in thirty men
from long distances, from whom the
parties may pick their jury The wit
nesses are sworn, examined aud cross
examined to the satisfaction Of all par
ties. Then follows day or two for
the lawyers to practice their art of
making the worse appear to be the
better. His Honor then gives the Jury
the law in the case, and it brings in a
verdict for one of the parties Now,
is or is not the State bound to enforce
the judgment of this Court? This is
the main question, and ask the reader
to pause and examine it, The Court
is the offspring Of the State, and shall
the State wilfully degrade its own
offspring, for no better reason than
that another of its courts may have
something with which it may compare
the writings of men who lived often
hundreds of years ago, and then give
a final decision in accordance with
what they think would have been their
judgment, had they lived in the pres
ent age? Was ever anything more
absurd and ridiculous than this p
And yet custom has such power over
people that they have become partial
" used to it. If our law makers
would stir into their laws q little more
common sense, and not so much tech
nicality and precedent, they would
make far better article. Now if
had power to make and alter our laws
the first thing | should do would be to
abolish the Supreme Court. What
is now the Circuit Court would then
be supreme, and then when two men
have had fair trial in that court, they
will be told they have got to the end
of their rope, and will not be allowed
to drag each other from one court to
oIOb5Sl III OAlC 10 q OdIhIuDb anu Tie
other pauper. This would be the
best thing that could be done for them,
their families and the State. But the
fact that one court has reversed the
opinion of another, proves nothing but
that they did not agree. 1t does not
touch the right and wrong of the case
at all and should the Supreme Court
not do a large business, the people
might tire Of paying them $500 Y
Perhaps they thought Of this aud did
business accordingly. 1t is an excel
lent quality in judge that he knows
how to take care Of himself There is
but one quality | would prize higher,
and that is that when right and justice
come in contact with precedent and
technlcality, the latter be tramped in
the dust. LUTHER Brown.