Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1883-03-01

VII cu. 1cCDs
Ed. Register-On reading through the col
umns of your excellent paper of the sth inst,
see you have been denouncing my course
as going against the wishes of my cOnstitu-
ents, In reference to Heard's Senate bill for
the relief Of Supreme Court. II you will
permit me, will explain my course in this
matter. First, 1 will say that the honest
people Of Iron county so far honored me as
to send me to Jefferson City as a member OF
the 3?d General Assembly. l received from
my constituents, before my departure from
home, no instructions respecting the relief
Of the Supreme Court. Ii came here know
Ing that that tribunal was long way behind
with its dockct-that cases were accumulat-
ing, by appeals and by the prosecutions of
writs of error, more rapidly than the Court
disposes of them, or perhaps could possibly
dispose Of them. Since my arrival here |
have not received from my constituents any
petition requesting me to support any par
ticular measure looking to the relief of the
Supreme Court; nor have received any re-
monstrance from those good people who
sent me here, outside Of or otherwise than
the dcnunciation pronounced by the REGIS
postal card and one letter from constituents
asking me to support Heard's bill. there
fore had no recourse other than to look into
the merits Of the measure, and diligently en-
quire and look into the intent and purposes
of the men advocating 1t, and to carefully
examine the provisions Of the bill. And
having done all this honestly, earnestly and
faithfully, and to the very best of my limited
ability, l reached the conclusion (Which
still entertain, Notwithstanding the express
sions of the press and the advice and sug-
gestions of the many able gentlemen, who
may or may not be expecting to be appoint
ed as members of the Commission) that the
measure would not relieve the docket.
1t seems to ME that the Judges of the SUI
prcme Court must necessarily examine the
record in any case which they see fit, under
the provisions of this bin, to refer to the
Commission, in order that the finding Of
facts as returned by the Commission is true
and that the law IS applied to the facts pre-
scented IL correct, inasml,ch as the Court
does not possess the power to appoint other
people to render opinions for 1t. 1t does
seem to me that, instead Of this measure be-
Ing relief, 1t will operate delay, by AS much
time as the Court will he occupied in the ex-
animation of the finding of facts and the
opinion Of the Commissioners, I'm addition to
the examination Of the record proper.
Again, As l understand it, the party in any
case has a right to demand that the judg.
ment Of the Court be given upon his suit,
and is not bound by delegated exercise Of
judicial power, whether delegated by the
Court or by any legislative act, in any case
dcvolving judicial duties on Commissioners
or ministerial officers. Proceedings in such
manner, I'm my mind, would be void and un-
constitu,ional-and quote from the Con-
stitution: 1.-THE courts Of justice shall be OPP
en- to every person, and certain remedy
afforded for every injury to person, property
or character, and that right and justice
should be administered without sale, denial
or delay. (sec. 10 Bill of Rights.)
Now, the Supreme Court has upon its
docket more than thirteen hundred cases
which have been either appealed or brought
hither upon writs Of error. When these
cases were appealed, the appellants under
stood and believed, and had the right to be-
lieve, that the court Of final resort in Mis-
souri, would hear them; hut under the ex-
traordinary and peculiar features and pro-
visions of this bill, no man who now has or
may hereafter have a case pending In tho
Supreme Court, and which case may happen
to be referred to the Commission under the
provisions of this act, can ever. be heard or
be suffered to enter the sacred precincts of
that august tribunal; the cold, naked state
ment of facts as found by the Commission,
together with the Commissions opinion of
the law as applied to those facts, is the only
thing in such cases referred which may ever
appear before the Court. The doors are
locked and barred against parties litigant
who may be SO unfortunate as to have their
eases referred to "A body of men unknown to
the laws of this State, created by bill in de-
tiance of constitutional limitations for the
mere purpose of creating nice nest for
men who possibly have Outlived their days
usefulness, but who think they have some
claims on ''the party" The Supreme Court
having no power under the Constitution to
appoint Commissioners to render opinions
for them, or to examine the facts in any
ease or to advise it rs to the law in any case
pending before it, it does seem to me that
they had as well adopt the opinion of the
trial court, or the opinion of the attorneys
on either side, on any case, rs 10 resort TO
the decision Of stranger to the record and
to the law. "This b = wrong, aud errs i'll