Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1881-11-17

BY THOMAS CALLAHAN.

BY THOMAS CALLAHAN.
II.
Tn recent article q very cursory
outline of the JUDICIARY System was
given. Among other things 1t was
stated that, in accordance with COM
paratively recent Federal legislation,
q change of venue can be taken from /
State to Federal court. Itwas stated
that this is an enlargement of the privi- |
lege of a change of venue.
In order to understand the nature
and extent of the enlargement, we
must premise that there is but one
Governnent-the United States of
America. A part of the potsers of
government are exercised directly and
exclusively by the General Govern
ment, and another part Dy the State
governments, as agents of the General
Government. This fiduciary feature
gives character to all the functions OF
the State governments, whether in
legislative, judicial, or executive ca
pacity.
1t has been promised that all the Of
ficials Of a Federal court areappOintive,
and during life or good behavior, whilst
the officials of State courts ARE elective
for short terms. There was a time
when the Judges of State courts were
all appointive by the Governor of the
State. by and with the advice and con-
cent of the State Senate. Federal and
State courts were then organized on the
same princlple-the exercise of the ap-
peintive power. But as an elective
Judiciary grew in favor of the people OF
the States, the antagonism of the prln-
ciples on which the two classes of courts
are organized became more strongly
marked.
A discussion of the merits or demer-
its of either system, is not called 1or IN
this article. 1t is sut1lclent Ior our
present purpose to know that, from
the first, the Federal courts have exer-
cised large appellate jurisdiction over
State courts. An appeal is the remov-
al of a cause from an inferior to a su-
perior court, in order to test the sound
ness of the decision of the court below.
An appeal, then, carries up for exam
ination a question in regard to the
amount of the sound legal knowledge
of the court below.
A change Of venue is taken before
issue is Joined, on the ground either
| that the Judge or the people are 50
prejudicial against the party that ia 1air
.ial cannot be had among them. Inc
moral character of the triers Is tnen tue
question at issue. The right OF a change
of venue from one State court TO anoth-
er passes judgment on the morai IN
competency of aneighborhood or coun-
ty. The right of a change OF venue
from State to a Federal court passes
adverse Judgment onthe character OF
whole State, and on the whole system
of an elective judiciary.
1t is not necessary to this article tnat
accurate statistics should be given
showing the ratio of increase in chang
ca of venue under an elective Judiciary,
or showing the growth of the spirit OF
unrest which compels litigants to WALK
things through legal dry places, seek
ing rest and finding none. 1t is SUM
cient for our present purposes to state
that-especially in those lOcaities
where a regard for old codes and q
disregard If new ones. in connectlon
with an elective Judiciary, make even.
handed Justice All impossibility, as
rule-when the General Government
saw under the sun, the place oI JUG
ment. that W ickedness was there, ano
the place Of Righteousness, tnaG in
iuuity was there; when IL looked tol
Judgment, and behold oppression-fol
righteousness, and behold cry, then
in the discharge of its obligation tt
provide for the general welfare. IL was
compelied to open q door by whlcI
parties aggrieved can escape 10 feo
eral court in the beginning.
The power in the hands OF the zen
eral Government to open that door II
a mart of the relation existing between
the Federal and State governments
the latter being the agents OF the 1or
mer, their neglect, aversion, or aous'
of a trust committed to them, Is both
legal and equitable reason for the re
sumption of the trust by the party tina
had delegated it.
tion of the United States, who canno
find in it this power of resumption lait
up. or who cannot see based upon ant
growing out of it power that zoe
not merely represent; it governs. IN
existence Of this power is necessary
the very existence of governmen
among us. because our national experl
ence is no exception to the rule o!
contest between Good and Evil; oe
tween Light and Darkness; between
|Ormuzd and Ahriman.
II In regard to our nation, the Woiu
addressed to the wife of the Syna
Ameer are true-''Two nations are i
thy womb, and two manner OF PeoPl
shall be separated from tiny ooweiI
and the eldest shall serve the younger.
Our national experience is no exceptlo
to the rule, that no nation can regar
its existence as secure until II mas me
conquered a great rebellion, the gu.
growth of the antagonism OF the PliI
ciples of Light and Darkness emeooie
in its very organization. a..
The Morning cometh, ana also "
Night. The men of the sword, havin
done their part, have turned the ma
ter over to the men of the gown.
He knows but little who does ~
understand that whether contest
carried on by words or SWORDS, !n
principles are the came. In assaultln
an antagonists line, the point OF attac
is naturally the center. as at that pom
ordinarily, his base of supplies can q:
mostreadily reached. and his ine osin Sn.
broken, he must either change MS oas
or be used up in detail. Accordingly
tie men of the gown have made Ioog'