Blackfoot news. (Blackfoot, Idaho) 1891-1902, 1895-09-07

s.
would NOT be better served II sever
restrictions were substituted for eX'
IRENE laxity. As one goes into thr
law libraries and notes the state and
federal reports, already running into
the hundreds for each, notes that
scarcely a century marks the limit
of their growth. and turns 10 gas
down the vista Of the coming centu,
ries, he is appalled, by the mass Of
legal decisions accumulated and "a
tonne, and sees that private lihrarle
century hence will be Injuries a.
tainable only by the very wealth,
Courts Of last and some of intermtdi
ate resort are up TO their eyes in pend
ing cases. Some Of the courts are
years behind, causing delays TINT
amount to virtual denial Of justice
in many cases
Then, as one turns .he pages u the
reports and notes the triYiality OF the
questions and amounts involved, be
marvels again at the tenacity Of pur-
pose OF the litigants, the devotion 70
principle of the attorneys, and the
uncertainties Of the law which must
exist to encourage these removals
from court to court Law, that should
be the most certain of human instiln-
tions, is plainly the most uncertain, IL
one may base a safe conclusion on
these reyersals 81 the judgments 81
lower courts; these wranglings Of
lawyers as to what the law is. Posi-
bly, the conclusion is erroneous. II
may be that the law is not unstable,
and that the doubts aud differences
rise in the difficulty IT applying the
known law to The given state Of facts
But from whatever cause it may
arise, the comments 10 Justice Brew.
er are well made aud warranted. IT,
the lay mind there seems to be sense
and reason, too, in his suggestion 81
restricting appeals and making the
findings of iuries in questions Of fact
conclusive and final. The decisions
OF courts should also BIZ tiual, exceD,
where the trial Judge is himself in
grave doubt as to the applicability Of
the law 20 the case, or as 10 what the
law Of the case is. Then he might BE-
allowed to certify the case to the su.
perior tribunal for final adjudication
Jury trials are arbitrations in fact.
and, as in business matters submitted
to the committees Of commercial bod.
les, might as well be final. .Juries
seldom follow instructions Of the
court; but, in the latitude OF their
jurisdiction OF facts, aim to dole out
what they may deem to be substantial
justice as the facts Of the case appear
TO them to demand.
But when some member Of the a.
ISOLATION offered resolution instruct.
ing the committee on reform legisla.
ton to especially consider and rsport
on the reforms suggested b. the ius.
tice, opposition rose at once Ana
naturally. Men do not ordinarily
regard with favor propositions 10 t.ke
the bread and butter from their
mouths; and where would the em,lr
ments OF the ancient and bonoral,l..
profession be if nine-teGtbs Of tbo.a
appeals were denied? To what insig.
antproportions would comfortable
incomes not shrink? And then wba,
would be the chance for forensic ron.
utations in such a shrunken feld2
True, the old eloqUence Of the inry
lawyer might return when that body
was the final arbitel Of the fortnro.
OF litigants, but that would he sligb,
compensation for the loss OF those ,d
ditional fees that appeals 10 The bieb.
er court, By their dignity, demand and
get. So the bar association made r.,
member cut out from his resolution
the specific allusion to Justice Rrsw
ers plan and then adopted. And nm
man nature was indicated Globe