The Douglas independent. [volume] (Roseburg, Or.) 187?-1885, 1879-11-15
THE SUPREME COURT.

EnYrop TNpFpENpENT - You will
nIease narsion me for offering few
thoughts upon subject that has
called ont so much comment FROM the
nrpss Of other states as well as our own
mon d subject involving the honor
Of our state-I refer to the late decis-
ion Of the Supreme Court Of Oregon
In the Walker-Teal case. am no |
lawyer educated and skilled in the
intricate meshes Of Jurisprudence
where the occupants OF the wool-sack |
show the amount OF their legal lore
of envelopng their astute opinions and
judicial decisions in q cloud of techni.
callties and garbled quotations from
authorities that will cause many to
stand agape with wonder and amaze
ment at the wisdom displayed but !
do claim TO have some conceptions of
innate justice and right. I think ]
can distinguish between honesty and
dishonest y-the living up to the terms
of contract solemniy aatered into
between parties. / had supposed the
State courts were created for the pur-
pose of the fulfiliment of the terms
of q contract instead of free
Ing q favorite from the onerous
conditions Of his contract.
The Supreme Court of this State
Judge Boise, to his honor be it said,
dissenting) has set at naught this
great fundamental and time-honored
principle of English law by relieving
one party, q favorite it would seem to
the Court, from his contract thereby
defrauding an honest creditor. This
outrage upon morality, this disgrace
upon our State, this stain upon the
character OF the highest tribunal in
the State,--save one, the people
is perceived by the intelligent fair
minded men everywhere. Accustom-
ed to look up to and obey authority
the people hold their opinions In
allegiance with regard to making q
public protest Except at the ballot
box) and hence are seldom heard.
For that reason have refrained from
having my say on the subject until
those better qualified should raise
their voice against this iniquity.
Having an eye on the public press
the worlds great conservatory find
my views entertained by the best legal
talent in the land. The best legal
minds in this State and California
condemn the decision as immoral,
partial and unjust.
The San Franeieco Bulletin and
Argonaut commenting upon this de-
cision condemn it in the severest
terms. That prince of editors, Frank
M. .Pixley, of the Argonaut, thus criti-
cizes this partial decision
.Thers, is an explanation due from the su-
preme Court of Oregon to the American bar
| Tor its decision in the case OF james ID.
Walker and Henry Hvwett VS.. b Goldsmith
and wife and Joseph Teal and wife We
| cannot read the decision in th:s case with :
out coming 10 the conclusion that tnnda :
mental principles OF law have been violated,
| and thai the plaintiffs have been robbed of
4
amount involved by popular subscription
| and refund it than such wrong should go
nredressod. We decline from making
such comment as we fear it deserved In
this case from personal resrect We have
entertained for the curt, and because this
/ il the first time its integrity has, so far a.
We know, ever been called in question.
The San Francisco Bulletin, noti-
! %H a
Altogether we cannot but regard this
decision a. unfounded both in law and
good morals; as likely to greatly weaken
| the respect which ought to prevail for
| decisions of the highest Court OF soser~
eign State and as calculated to produce
mIschievious effects far beyond the amount
| involved in the case under consideration. 2
Thus 1t appears that the sovereign
State of Oregon occupies no enviable
position in the eyes o ia sister State; and
thus our State must suffer foul stain
upon her good name in consequences
of imbecile occupants of the Supreme
bench who hold the majority aud
render the decisions of the Court.
Rut what better could we expect
from men who tried to cheat the State
cut of its choice for President, by try
ing to purchase an eicctor I?
But this disgrace the people viii
wipe out next June, by putting
honest, faithful and just men in the
place they now fill by chance. II,
however. the people will retain them
in their seat, then upon our own State
will fall the dark mantle of obloquy
aud disgrace and she will enter the
list as highway robber. Let Peter
Simple and Patrick G. ]. Ego where
the woodbine twineth," that the
States good name may stand un-
blemished, unsullied and unstained.
ARGUS.