The sun., 1894-03-04

be rendered By lees number than the whois
ofths iury"-a change which the author be-
lievss TO be based upon no necessity. and in
the highest degree unwise.
One OF these lectures is allotted to q consider
alton Of the vast volume aud rapid sccumuls-
tlon OF case law, viewed specially with refer
ence TO the practicability Of limiting its growth
BY legislative action restricting the publica-
tion Of the reports OF adiudged cases. The true
Office and use Of adiudRed cases are set forth
! in letter to the author from the late Mr.. JUS
tice Miller. which IL reprinted in the book be-
fore us. Justice Miller begins BY pointing out
that the relative usefulness OF authorities, and
especially Of judicial decisions. in enabling
a Judge to make up his own judgment in
cases before him. is often question
productive OF no little anxiety and the
nnswer must largely depend upon the kind OF
cases In which the authorities are presented
| for his examination. There IT, for instance, q
large class OF cases. perhaps the largest. which
must be decided on principles that are not
| disputed, that is to say, the propositions ad-
| vanced By the counsel on opposing sides are
such as will be generally conceded and need
| no support from judicial decisions In these
| cases which. in my experience. are the most
| numerous. the task OF tho Judge Ia TO deter
| mine from the case before him-that is from
| the pleadings and tho evidence-whether 1t
| falls within the principles offered by
| the plaintiff for its solution. or within
those offered by the defendant or within
! some modification OF these PRINCIPLES which
counsel OF neither party has adopted. The de-
cision Of this question demands the most
| strenuous exercise OF the reasoning faculties
OF mind well stored with those general rules
OF law which lie at It's foundation as science.
aud the a d given in such cases by tho decis-
ions OF other courts does not amount to much.
The scientific arrangeme Of the facts Of the
case. "a seen in tho pleadings and evidence
by a well-traiued judicial mind must. in this
class Of cases be always the main reliance for
a sound administration Of the law" In an
other class Of cases. the decision OF which
turns upon a construction OF constitutions and
statutes. Justice Miller holds that the decis-
ions OF the highest courts OF the Government
which adopted tho Constitution or enacted the
statutes should be. for the most part. conclu-
sive. Thus in the construction OF the Consti-
tion OF the United States or OF an act OF Con-
Cress the decisions OF the Supreme Court OF
the United States ought. until reversed by that
court to be followed almost without question.
That court has given expression to the rule In
regard to the construction OF the state Consti-
tuition and statutes by the highest courts OF
the States enacting them. in tho adoption of
the principle that. even In tho case OF co0rdi-
nate and concurrent juridiction. it will follow
those courts In the cor instruction OF tho statutes
and Constitutions OF their respective States"
There is. however. a third class OF cases which
arise under the general rules o; the common
law. or in equity. aud with regard to
which tho abstract reasons for one rule
or for another opposed to 1t are near
ly balanced. Hero Justice Miller deems IL
more important that some rule should be es-
tablished ana followed with uniformity. than
that one or the other rule should prevail In a
given case. 1t follows that in this class Of
cases, where there are differences between the
authorities adduced. the question should be
determined by the weight Of authority. 1T
Is" he SAYS. In this class OF questions that
adiudged cases are most useful. and in which
the examination and comparison OF them by
counsel are Of great aid to the court. aud are
likely to reward the labor OF those who make
the examinations possible. Perhaps to this
class should De added those In which
the decision OF the courts have be-
como rules OF property governing the
rights Of parties to real or personal prop
euy." Judge Miller in his letter also says 9
word about the relative weight to be given to
tho different courts whose decisions are relied |
upon In the briefs OF counsel. Leaving aside |
the decisions OF the English courts and aues-
tions arising under State statutes. he AYERS. as
might havo been expected. that the value OF a |
decision is to be estimated according to the |
character OF the court or OF the Judge who de- |
liyered the opinion or both. 1t Is pointed out |
that these factors in an estimate OF value vary |
greatly In the courts OF the United States |
Without being invidious. or undertaking to |
name other courts OF high standing. there |
are many things IN the history and char |
acter OF the supreme Judicial Court OF Massa- |
chusstts which entitle its reported de- |