The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1893-10-02

pertments of governmental authority,
but its chief usefulness has always been
found in the administration of the fun
damental law upon which our system of
government depends, and in that field it
has confronted the most dangerous
emergencies. Its construction of the
constitution or of the compatibility of
legislative enactments with the consti-
tuition settles the matter for all time,
unless indeed, as it sometimes has done,
it should at some future period reverse
its own decision.
Foreign jurists and writers of emil
nenee have sometimes made the mistake
of supposing that this unique authority
vested in the court was of despotic ma
ture and dangerous as tending to defeat
the will of the people as expressed by
their representatives. But this view
looks at the power as one that may be
exercised by way of supervision, deter
mining the constitutionality of an en-
actment in advance of its being contest
ed. This would make Of the supreme
cQprt a virtual third house of congress,
and no such authority would be toler-
ated in the United States. The powers
of the judicial department are as sharply
defined as those of the other coordinate
branches of the government, and the un-
constitutionahty of an act cannot be
pronounced except for the determine
ton of litigation. This is the American
way of securing to the people the per-
petual reign of law free from the sway
of arbitrary power.
And the American people have learned
to have faith and pride in the court.
They feel that 1T is indeed the bulwark
OF their liberties. The names Of Jay,
Marshall, Gushing, Taney, Livingston,
Story, Chase, Hunt, Thompson and q
score Of others lend luster to American
Jurisprudence, and now that the tran
silent passions of their times have passed
furnish standards by which to measure
aspirants TO the bench they filled and
honored.
To be worthy of place amid this bril-
liant galaxy is to be illustrious indeed,
and to fall short of it is to court oblivion.
The standard isrigorously applied with
each recurring appointment, and it is
matter of congratulation that during the
103 years of the courts existence the re-
suit of the test has been unfavorable to
SO few. None but the most eminent iu.
rists and lawyers are accorded the honor
OF an appointment, and it often requires
great monetary sacrifices ON the part ei
successful practitioners to accept the dig
nifty, for the salary of the associate jus
tices is but $40, 600 a year, and great law
yers often receive more than that amour
as a retainer in single suit.
President Cleveland's most recent ap
pointment to the bench, William B
Hornblower Of New York, Is a goot
illustration of this. As a practicin,
lawyer, engaged in the most importan
sort Of itigations, his income average
$4,000 year, and this of course mus
be entirely resigned when he takes hi
seat upon the bench. The aggregate 0
the amount thus surrendered will b
greater than usual in his case, for he |
but AZ years old and might REASONABLE
expect to largely augment his fortun
before reaching the average age at whic
supreme court justices are appointed
No other judge but Story was ever ar
pointed at younger age, and IL M,
HOrnblower attains as great an eminenc
- that famous justiciary and equals til
years Of his service upon the bench {
the highest court in the land he wi
probably fsel amply repaid for an
pecuniafy sacrifices his position ma
have cost him. Such distinction, in I'll
nature Of things. can be attained by fe-
men in generation, and the ambitio
% liye In history among the famo,
judges Of ones time u certainly I,
nDbler than that which leads merely
H. accumulation Of wealth.