The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-25
LETTERS FROM THE PEOPLE.
"Courts of Injustice"


portant matter of technical decisions. And I
ask the privilege of correcting the error through
the same medium by which it was sent out,
especially as the point of controversy is one OF
vital public as well as professional interest. The
article seems to have been hurriedly prepared,
since 8S Indiana is cited as So Dice and, there
fore, to lack due consideration.
1 am puzzled to understand what was meant
by the phrase, presumably speaking ex cathe-
dra" If this is an intimation that the censure
contained in the last issue of the Magazine and
directed to the prior criticisms of the Strader
case by the Journal was dictated by any of the
judges of the Supreme Court then, 1 reply that
not one of them ever saw the note before its pub
LEGATION, or was, in the slightest degree respon-
sible for it. The writer spoke for himself only,
and with the mere design to correct a very grave
wrong committed by the writer of the prior
Journal article, entitled ''Mob-b breeding Courts,
in allowing himself to be carried away by the
heat of his zeal far beyond the limits of proper
criticism into the extreme Of rabid vituperation.
And l now object to the article of this morn
ing on substantially the same grounds. This is,
in like manner, entitled Courts of Injustice, !"
and contains, as think the most unjustifable
and slanderous charges against our court Of last
resort, tending to break down its due authority
and bring it into public contempt. Now, will
the writer of that article deliberately say that
the Supreme Court of Indiana has earned the
title of court of inusticel" or, that usually its
decisions are subversive of right or that they ever
Intentionally even negligently SOL Per
haps he is ready to answer in the affirmative,
reckless as such an answer would be, for he
distinctly lays down the broad charge that the
judges too much pay attention to trivial tech
nicalities losing sight of right and justice seem
ingly glad to avoid decision upon the merits of
a case, if there be any incidental question or
quiddity upon which the learned Judge can spin
verbal web as insubstantial as it is destructive
to the beauty and purity of Justice" Has il, in
deed, come to thiss Sic transit gloria mundi! If
we had a set of Jeffreys on the Supreme Bench,
what more damaging condemnation could be
passed upon them than thisl 1t is against these
sweeping-and, must say, groundless- accuse
tions that the Indiana Law Magazine enters its
firm and indignant protest
Further on the writer specifies the Snurr case,
and pours out the phials of his wrath upon the
head of Judge Hammond in this admirable
style: I'VE should like to have Judge Hammond
take his decision and read it in the light of the
1891st section of the Revised Statutes, and tell
us, on his oath a member of the Supreme
Court" etc What could possibly be more glar
ingly offensive than this insinuation that Judge
CURED with him in that decision, viz, Howk,
Niblack, and Elliott, have need, like refractory
witness, to be reminded of their .oaths of Office
in, order to induce them to give q candid consd
Grafton to the point proposed, and especially so,
because they are obliged to suffer it in silence
theproprieties of their position sternly forbid
ding them to make any response in self defense.
or even explanation And again, their disa
bility is the more cruel since, on the one hand,
this writer is chasing them up and down for fol
In Uir1r AaYfc a,,1 Aha fharh o,,I 10
my certain knowledge they are theoretically be
labored for not following precedents and setting
them aside by overriding former decisions
and then. In such a temper, what more
ing's article should not only misrepre
sent the court, but likewise the position
of the Magazine even without intending to do
so! For instance the assertion is made that
the Magazine tells us that this technical ruling
is not the fault of the courts, but of the Legisa
lures" Now, what the Magazine did tell us"
was very different matter 1t was merely the
inquiry: rs not the Legislature usually more
to blame for this extreme technicalityl than the
courtsl" And l think this inquiry can be sue
cessfully answered in the affirmative; but /
have no space to do it properly here.
Again: The article appears to insinuate rather
than assert that the Magazine is the advocate of
teehnicalities, whereas the very contrary is the
truth. 1t is far from approving any technicality
whatever which tends to obstruct Justice wheth
er contained in the code or otherwise The very
note OF which the writer of the article complains
expressed a very positive dissent from the de
cislon OF the STader case. Nor does the Maya
zine condemn criticisms of the courts but only
d1SreSpectful critieiSms-Such criticisms as are
never appropriate except when applied to pot
house politicians or similar pests. Indeed, we
have at times very freely criticised the doctrines
announced by the. Supreme Court, and will,
doubtless, continue to do so if occasion requires.
But hope never to utter a single word which
shall tend in the least to diminish the profound
reverence with which the court should always
be regarded by all true citizens.
We believe all the judges to be men of unim-
peachable integrity, as we'll as of high ability,
although liable, in common with other men, to
fall into error. Moreover, we believe them to be
willing at once to give up any error of which
they are duly convinced. We protest and shall
ever condemn, the spirit of any writer who saws
that he envies not the narrow brain and shriveed
heart of a judge who can give out such or such
particular opinion, and petulantly asks whether
there is not single judge on the bench who will
pay some attention to the dictates of common
sense. Any tendency to undue technicality
should be corrected. But there is a right way
to do it. 'Advice," said one SIS like soup-an
excellent thing i'll itself; but it be taken
scalding hot" Moreover, | affirm, without the
fear OF successful contradiction, that technical
rulings do not produce mobs Mobs are not com
posed OF law abiding citizens; and those who
are not law abiding care little what the law
is, or how it is administered, provided they can
escape its power. The mob spirit is merely dis
guised crime, and proceeds from the usual
sources of crime, as think can easily be demon
strated
You will excuse me if, in conclusion, suggest
that it is due to our Supreme Court that the
journal should make an amende honorable by
an unreserved retraction of all Che abusive cpl
thets contained in its article on this matter. and
which mar the right of the press to a manly, in
dependent criticism of judicial decisions as well
as other matters of public interest. And, then in
all reforms in the administration of the law in.
Guiding the restriction of technicaities within
due bounds, the Indiana Law Magazine will
stand as its active and earnest ally
INDIANAPOLIS, Jan. 49, J. c. WELLS
Impracticable Temperance Men.
To the Editor of tho indianapolis Journal: