Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1877-09-13
THE SUPREME COURT.
shall the Number of Judge. be Increased

the HERALD would oppose the pro-
posed amendment to the oonstitu-
ton increasing the number of Judges
of the Supreme Court to five. |
had hoped that a measure of such
Vital necessity would be adopted by
the people with something like the
onanimity with which the bill to
submit the amendment to the peo-
pie, passed the Assembly at its last
session. By a glance at the Assem-
bly, Journal the HERALD would
have found, that of members voting
by ayes and noes, all with one ex-
ception voted "aye'
| From that fact alone the HERALD
might, | think, have reasonably in
ferred that the measure was not
without merit.
!. The HERALD does not say that it
| is in want of light upon the subject,
but as the source of it's opposition
seems to be that it "does not know"
as to several matters, | venture TO
offer here few of the reasons why
l supported the measure last win.
ter, why / shall support it at the
polls, and why l hope my nelghbors
and fellow citizens. including the
HERALD, will do SO also.
The Supreme Court is the tribunal
OF last resort in this State,a by its
Judgment must be finally settled
all questions affecting the property,
the rights. and the liberties of the
citizens of this State
No one will deny that such a
tribunal ought to be so constituted
as to enable it to examine all such
Questions as come before it, with
attention and care enough to settle
them as nearly right as it is possible
for merely human intelligence to do.
That the decisions OF the court
should be uniform, consistent with
each other, with the constitution
and statutes of the State, and in
cases for which these do not pro-
yide-and such cases often arise,-
with the principles of the common
law, is of the utmost Importance, not
only to the parties litigant in the
particular case, whose rights, liberty,
or property are to be Immediately
affected by the decision, but to the
whole people of the State. Indeed
the consequences of the decision In
| a particular case are often of tritiing
importance to the parties litigant, as
com pared to the effects OF the decl-
4fop upon the general public. Be-
| eanse to the former, the loss or gain
NAV be limited to the amount IN
controversy in the particular case,
while the latter shape their affairs
and make their contracts in the be-
lief that the law as laid down in the
decision ia correct and will BIO ad-
bersd to. If it should turn out that
the decision was wrong and that II
abb cred to it must lead to absurd or
| mischievous consequences, it must at
the first opportunity be reversed.
What then becomes OF all the con-
tracts made and other steps taken
on the faith of its correctness
) Obviously incalculablo mischief
must result to parties, in no way to
hlamo for the result. And there IL
Isno one in the State so rich or so
tpoor. so high or so low, as not to be
| in danger of suffering in rights, lib
erty, Or property, from that cause.
| Recause no one can tell in advance
| which is the erroneous decision, nor
consequently whore the blow VIII
fall. it is unfortunately true that
such errors and their necessary con-
seouences are not so rare as they
ought to be in the history Of jurlS-
prudence.
| Now obviously the way to in
crease the liability of courts to such
accidents is to overcrowd your
Judges with work Give them SO
many cases to decide that they can
not devote to zach of them the time
necessary for its careful and thor
ough examination and consideration
and one of two consequences must
| follow, either they must slight
their work, that is, decide cases
hurr,edly and without the necessary
examination, or they must got be-
hind hand with their work.
Now | assert without fear of sue
IcessfuI contradiction that the Judges
of the Supreme Court as 1t is now
constituted are ovorworked. They
have more cases TO hear and decide
than it is possible for them to do
Justice to. 1t is impossible that they
can give them all the care aud at
tention that they ought to give
them, to be even reasonably sure
, that they have overlooked nothing
8 and that their decisions are right.
But it will be said, it is said, that an
increase in their number cannot les
sen the labor of the judges, or enable
them to dispatch business any faster.
That however is only said by those
l.who do not know anything of the
subject. For while it may perhaps
be true that they all have to sit and
hear each case argued to enable
them to take part in deciding it, yet
Rhat is far the smallest part Of the la
Dor of an Appellate Court.
La that respect no two things can
be more unlike than the Circuit
, Court and the Supreme Court. In
the Circuit Court tho time is spent
chiefly in taking the testimony,
com parativcly little in argument,
and when that is concluded the
: the court usually announces its de-
t eision Indeed from the manner IN
which it's business is done it must do
so. 1t cannot take time 30 examine
the authorities, and the Judge lays
!. down the law as best he can, know
) ing that if he is wrong the deteated
party is not remediless.
Moreover in country places where
cases are usually tried, tho books are
not to be found to enable the court
5 or the lawyers in intricate cases, to
, determine what the law really Is.
, In the Supreme Court all this is
changed. A mistake there is to the
defeated party remediless. No test
9 imony is taken, but that taken IN
| -, oorrf halow Is raad n almost