Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1878-01-12
"BRIEFLEsS GENTLEMEN" VS..
RES JUDIOATA."
Tho Cass County Decision Again.
From the ST. Louis Republican. }

from the ST Louis Republican
Editor St Louis Republican: In your
issue OF the Path of December, 1877, you
republi.h an article from the Columbia
Herald, signed "Res Judicata," in
which The decision of the United States
supreme court in the case OF Cass county
vs.. johnson. and the untavorable COM
ments made thereon by the bar of this
state were discussed in Somewhat
magisterial tone, not wholly without
sarcasm. Upon some OF the allegations
and although l have not the honor OF
your personal acquaintance, presume
that you are willing to give 'brieiless
gentleman" living in one OF the "dilap-
idated towns" referred to by "Res Ju
dicata." fair play. have no idea who
the distinguished" jurist may be, who.
no doubt, impelled by innate modesty.
hides himself and bushes all unseen.
behind the bush. rs Res Judicata.'
That he is as learned as modest, and as
"dislnterested' i'll this bond controver-
sy as learned may be conceded Never
theless. ! may incidentally remark, that
Tor a ''disinterested person "Res Ju-
dicataH seems to write with some acer-
bty IN this matter. 1t Is true his ieel-
ings may have been aroused because
everybody in the state did not at once
bow down with meek humility and ac-
cept in silence aud reverence the CON-
struction graciousiy placed upon the
constitution of Missouri by the United
States supreme court. This feeling.
also. may have been intensified, because
the decision OF that court is in accord
ance with his interests AS Il "diSinter-
ested' party. / cannot say whether
Res Judicata" accepted with humility
the Interpretation the United States
supreme court gave to our constitution
in Harshman vs.. Bates county, and
whether he defended it with the same
ardor he now defends CAss county VS..
Johnson-but Ipresume not. ! suppose
(it may be uucharltabie) that when the
decision in the Bates county case APP
peared he assailed it with "malignant
criticisms" and that now-the decision
having been reversed-he is content and
| satisfied. and wishes it to be distinctly
understood that 1.-The principle OF res
judtcutd pervades not only our own but
all other systems of Jurisprudence.
This IS valuable Information conveyed
to the common understanding in plain
language. but a 'Brietless Gentleman
| may be permitted to ask. if this princi-
| Pile ''pervadeS not only our own. but AL
other systems OF Jurisprudence, how IN
the world did the United States supreme
court manage to kick it clear out oi
| sight in the late Cass county decision
| "Res Judicata' can perhaps explain 1t
Because admit that Res Judicata' is
| .dislnterested' in this matter. l cannot
believe that he belongs to that class o
lawyers denomn:.ted by the immortal
| Bacon as praisiti curip, who engage I'm
putting court up beyond her bounds
for their own scraps and advantages.
Ii indeed Res udIcata could be shown
to be Interested as i bond-hoider. or Il.
a hired lawyer tor the bond-holders 1T
might perhaps uucharitably be supposed
to be u parasite OF the court" praisins
and laudlng the court because in
terested; but, rs said. he is ''disinter
ested," and hence is exempt from thi!
grave suspicion. 1t must, however, be
confessed that as a ''disinterested' party
"Res Judicata' seems to know remark
ably we'll what Glover. Hall, Reynolds
Gage and others wrote and said in this
bond controversy. This, too. can be
charitably explained. Res Judicata'
may belong to that class OF wide awake
intelligent and knowing citizens who art
familiar with the business oi every body
and who are found everywhere, anc
from which the hourlshing county o
Boone (wheIe | imagine railroad anc
all other taxes are paid with a proud
cheerful consciousness that they are un
alloyed blessings) is not exempt.
THE FOXCROFT CASE.
That Res Judcata" knows grea
deal is evidenced by the fact that b.
cites the case Rex VS.. FoNcrott. Bur
rows r., page lol7. decided by Lore
Mansfield The decision was rendered
a long time ago. and ndoubtedly |
Res Judicata is or can be correctl,
apprehended by "Britless Gentleman
in Il .dilapidated town, sitting in '.dn
gy clientless Office both hungry ant
in want OF fees decides the point ex
actly. No doubt Res Judicata' be
lieves that Lord Mansfield, when h
gave his judgment in the Foxcroit case
saw with prophetic g glance III the dim lu
ture the bearing his decision would have
with reference to the l4th section OF ar
ticle nj OF the Missouri constitution
and how it could be twisted to sustain
the proposition that 4 law is constltu
tiunal, although in words in expires
conflict with that constitution. Lore
Mansfield was. doubtless. great maj
and great jurist, and. rs explained au'
expounded by .Res Judicata,' settle
this vexed question which has evolved
such "nlalignant criticism. The othe
cases. too, cited by ''Res Judlcata, II
the opinion of this learned man. doubt
less establish the proposition, that un
der the constitution oi 1860, "twu-thlrd
OF the qualified voters and "two-thirl
OF the qualified voters voting at escI
election mean one and the same thing
TO the unnitiated surgeons of Law
this may not be So clear as to ''Res Ju
dicata, but that is their misfortune, ant
Res Judicata" cannot hell it. lie see
the connecting link and since he see
it, "Brieiless Gentlemen should keel
their peace 1t is curious. however. t.
observe that Judge Napton does no
seem to appreciate the bearing of thi
Foxcroit case. because he says:
But the decisions OF England, or il
other states, are very unsafe guide
where we are called upon to construe
constitutional or statutory provision o
our own state. Ii the language is plail
and uuambiguous. It's requirements can
not be set ut naught upon the strength
OF decisions elsewhere ON statutes ol
constitutions essentially variant oI
couched in very different terms
Judge Napton places undue weight or
the words of state constitution and i,
not up with the advanced law on thu:
subject, "Res Judicata" will exclaim
Doubtless Res Judicata' holds that in
law words should conceal ideas. jus,
tice Miller, too, says that Language Is
at best very imperfect instrument in
the expression of thought" and hence
the statement of Res Judicata" that
"two-thii,.s OF the qualified voters and
"two-thlrds OF The qualified voters vot
ing at such election mean one and the
same thing seems supported by high au'
thority. 1t is true Justice Miller says,
speaking OF state constructions: "These
| instruments must fall rapidly
into disrepute il they are found efficient
only for the benefit of the rich and pow
eriul - but what Justice Miller says on
this point ought not to weigh much, be-
cause he and Justice Bradley ''malig-
nantly' (Rcs Judicata would say) did
not concur in the Cass county decision.
and hence lett the matter open tor still
lurther discussion. One thing is clear.