, 1877-07-15
THE APPELLATE COURT,
Judge Wallace Refuses an Appeal to
That Intangible Tribunal.
But Also Holds that When It Is Run
ming, Money Will Have to BE
Put Up Prior to
Appeal.
What the Tax-Fighters Are Thinking Of
es Their Next Move.

Judge Wallace delivered tine following de-
cison yesterday morning OIL the question Of the
right Of the tax-fghters to appeal from his dc
cisions to the Appellate Court:
TIE RIGHT TO APPEAL
There are two questions presented The hrst
question for the Court to dispose Of will be the
question IS to the right Of appeal to what Is
called the Appellate Court, created, RS 1t Is
said, By the statute Of June 2, 1877. under
stand this to be novel question, and one which
has not been very thoroughly presented to the
Court, and the Court has not had the time TO
give it that extended examination that qucs-
tion Of Its novel character would seem
to demand. But It seems to me that Ger
tain considerations ought to settle the question
as to this right to appeal to this Court at the
present time. take it for granted that q
court, when created, is ready to perform all the
functions that are required OF it by law. l DO
not understand that you can create court or,
for that matter, any other department OF gov
ernmcnt, or agency Of department o. goyern-
tion, for instance: if this Court is created, anu
is i'll thr exercise of all its functions and all the
effects of its organization it will have when in
full force aud effect, one Of them is to destroy
jurisdiction. Certain jurisdiction is taken from
the Supreme Court and given to this Court.
Now, Will we say that the Supreme
Court cannot exercise that Jurisdiction
before the. Organization, Of tins
Court? Is there any such -1orce ana
= snec1 as 70 udsf 1+r rns' IN the nIher Co1rt
NOW ~ it, taks cit it. tie LEGISLATURE did not iutcnd to
take away this jurisdiction Of the Supreme
~ IT. anu t,rs of cthcnas r. anneais OF the
" LUG rateis @ y. ~. 80 3s r.-;t ~ .rro, a.,
ana ~ =, ~, ~ G o,rts Nn whiIe II is true
s tits ~ t .e ,. 1 1;+;nrt in made lmtu:crn
.a, st ame.e ~ ay ;yoni u a,d th. ri1ht tn writ of
lne s'Gns on a au a.s cue y, H. o.,- .,se :; Is
r,,,',i. ~. ss nattrr If facf TINT
at's.ao's., .h';. ,.'.,1, ~. 1udgc IN order to
i've elce' 1he writ Of crror.-thc Judge of
te tilc Anpeliats Court. As = matter
Of physical fast there mus. be 1dSe w;t
;;'o1 oe "aa % e' araras,. ~. nowrrs
~ ,Ia. "'uc th.t ~ tb,t is ahscIutciv de-
~ e.,'-n ,a # t n The S11nrcne Court
;s,.:..,n awav.hy IL. cTs.sti,n of Ills Courl-for
~ 49,. a" 1a 1 Vn sa,not take away that
,.-dt nf "rror-1,v taEInT away
H., ar,...i ,'nIcss = ;s so sn,.if;1 in the stat
,,te 1f,c nic;nnf ti'at takes on. aw-ay Il seems
- ,nc n,,st 10 ~ th.. cthcr
~ n'e' 4''o'' 1aSs -, -. nno,1s c.sp
;s IT.. o,<r,n,za1;o,, ~ ~ Prohatc Court of this
.,o,,ntv Thc ststnte Of the State directs Tie
>,r'ra,;5,t;.,n nf !. ,sroh,tc Cmrt Can # he
sa;i ' ,hat :ha inrisi3ir1;nn nj the County Court
;s a;vcste,i bstwcen the tasing effect, OF tie
md = nj
sn anu thu anc oresgaf;on nf The Cou1 or it
craut;o,, Focs d;reSf Ike Cnuntv Co,1rt Of iuris-
di.,,s~ .r;Co, ~ 1h,t Eourt csn II h. said t}7at
he CnuHtv Cart ,nnsr sion dong probate
businessl Now, there lis u differ
n...a j., .hs ,.nT,sre ri the law.
Thc ,sngnsoc If rIc act creating
~, prohots IT,1,rt saws :. there nay he,,-tt,ere
shall ha~S esf ,h1shrd ,: annlyingto the future.
~ ~s sa1.e ,uthnritv ~ somrh:,Iy As Under
e;snG % 1aw tLa cg;slatn,c is ill., authority that
4 ~NN0
t1a+ = 7onfd n,sln m 1;f3ern,e ,sIat L,no1,orr
~ ~e - s1atrra 1,,r ,,so ~ auth,r;y;np tRr az
tn',;;.ss,.n. " cn,r.e ~ !, ..tntI;sng 1hcn,
fn the art creatin.r + the Anncllate Court they
~ H. M ts3 ~, .es w n,or. 1.r,n nr.-
nsTa nf{,1t ~ t,.a1 ,i,a i,no,,a~n ..Therc
shaT .xe estohIishe7 ), Nor has II any
s.ara "fro.t @hnn a., rons+;t,,t;on ni,c1
~ s,re +ha, NJ: iu1;c;sI s,,thnr;tv
n,.sr .r,a,,t ,s -, +,;, ar4;..ia is o11'arw;s.
@ror1dad she II na 1cstas n onc snnrcme Ct,nrt
paa'sues., G,';. = ,a+ t Xxx :; ~, ,
4ho.;t,, ~ sraat;,, tha Snnrcmc coT,rt and the
H;.'. N,,.,s ~. t,a, :. ,t s,"i. NV 3;T
Se -. 49, Io-',.1o ~ ~ 80 ..r.isio+,r,
ieaenee us TO- 10 *nas d 4e 1 Tue re 1h
+h1,tS th,t s M m hn-izni h e.,,h1;sh rsu,rts
a9nar {ban cua. thosc HAT a1c t.stshsneI hy the
et.r ta itsa,f T,is cIrt bas W.
-. nnhi;tr W, ,e"uat @ ~ ;ts .afI;1
,a,,t ~ 1hu ~ w. - ~ ~ s. :. ,e tr ti'at
NY apou' aa .ue a~ u iiI !. - -s...t - sta
on lMs euoIc1I va p'aus .Is!., .s1f ".
cou'o " .,l'a u ,a. @ t',;+,. ;nI ,E "a .,,a+ =
ls.s' au ~. anaL ~ ~ ~. n ~ ~.
cI M taho pue 1 .ao. n.'I ~, 80 -. 49,.
~ 'nat ean ia,.. eg19 th;.., 'y
FIaus'o'e ai @ " ,.' an aa' ,,,.;t 5tI
:; s .-;,s ,h,+ ,nrst ~ orer,se I'll
u can eNe, tna@ =, nuat .;'. T,.nt -
us 1unet1Ls ~ tne su'e nlnI anc.e
Is ,I.1,, no 81 sle1k. no la ole. "4 ~ 9nage ~ ~
notu1hE NJ a. ~ ~ lnpossp5 io9 eomusel ntls ~
t'1c:r eilcuts 70 nnu Ineni any"hetc" 1'e o;'y
i'ounoal1es tnerc arc 70 IL arc 'hat II tnuse &C
he'd III inc C'.s Oh eules1So, OF, whenever II Is
anchored ana becomes lah"1blc. linen y may
bc et'ine"heFe Wlthan Tile limits OF Inc
siiy,---any~hcre that the Judges may sec
1T to lure a. room. eat II docs
seem TO me, lr'm thls course OF reasoning, that
it would he an absrrdity lor ~ established
court to grant an apEcal TO something That tln-
''ot bc found, "uolt constat," =" it may never be
organized. So take it that the appeal to that
Court c.slnot be granted BY this Court at the
present time
DEpostTisG THE CASH.
The argument as tu the uther question
don't know that it is necessary for the Court to
dispose Of particularly, but it strikes III this
way The rulc Of law IS, that you must give
the language vi thu. statute all of its forge and
effect il it can be done; not only
give force and effect to all the
language, but you must give all tho force aud
ef1ert. II it bc done: il nrar as v..,1