Owingsville outlook. [volume] (Owingsville, Ky.) 1879-192?, 1896-07-30


knowledge, and in Roman-Iike firm
ness OF purpose, the OLD COURT of
appeals of Kentucky have seldom
been surpassed. The question came
directly before them in the case of
lapslrY W. BraSHrar, at the fall
term IS23, aud their decision WAS
awaited, with intense anxiety by
all parties. Terrible denuuciations
ot popular vengeance in advance, if
they dared to thwart the will Of a vast
majority of the people, Werc intended
to warp their Judgments or operate
upon their fears. They had main
tanned an uubrOken silence until
called upon to act. but when the case
came directly before them, the
judges delivered their opinion, sERI-
Atm. and at lonGth, and calmly con-
CURED with their brethren of the cir
cult court, that the act of the leris-
lature was In violation of the consti-
tuition of the United States. and to-
tally void. The clause of the consti-
tuition with which thc act coniiictcd,
was that which prohibited the states
from passing any law impairing the
obligation Of contracts. In the arti-
Gle on the court of appeals, in the
following pages, n concise summary
OF the reasoning of the court is giVen
"Tho opinion created an immense
sensation IN the State. and the con-
fiict of parties was renewed with re-
doubled fury. Clark and Blair We're
completely forgotten, and the great
popular party of kentucky, prepared
to sweep from their path, and make
an example tn future ages of the three
calm and recluse students, who had
dared tn set up reason against rage,
and the majesty of truth and law,
against the popular will. The GREAT
MAJORITY, had been accustomed to
make and Ia unmake, tn set up and
To pull down at its sovereign will and
pleasure. Presidents, CuvSrnor, sem
ators, representatives, had l0fr4heen
the creatures of its power, and the
flatterers of its caprice. James the
first had not more exalted notion
of his divine prerogative than the
GREAT MAJORITY had of its undoubt-
ed right to govern. The power of the
judiciary had heretofore heen so I'M
obtrusive, that it's vast extent and
Importance had escaped attention,
and the masses Were startled IL find
that three plain citizens, could per-
manCntly arrest the action, and
thwart the wishes of that majority,
before which presidents, governors
and congresses. bowed with implicit
submission. Many good honest citi-
zens looked upon it, as monstrous,
unnatural, unhcard Of in g republican
government. Il shocked all tho notions of
liberty and democracy which had grown
with their growth, and violently wounded
that sense Of Importance allied to arro-
Gance, which always attends a long exercise
of unTasisted power.
"The judiciary, by the constitution, held
their offices during good behavior. Moth
ing less than two-thirds Of both houses
could remove them. Could they hope 10
obtain this majority. The canvass Of 1924
was conducted with the hope OF obtaining
| this result. General Joseph Desha WAS the
candidate of the roliof party for the Office
OF governor, and canvassed the state with
| that clerSy and partizan vehemencc, for
which n" was remarkable. lilo was elected
by an overwhelming majority. A vast ma
| iority OF both houses were of tho relief par
ty. The governor and the legislature met
In December, with passions heated by the
| fierce canvass through which they had
passed, and the unsparing wounds which
they had received from their enemies. The
! sword WIS fairly drawn, and the scab5ard
hi ] boon thrown away by both parties. 80
cxGsPcrated were the passions, that the
minority was as little disposed to ask quar-
ter, as the majority was to give It. The
three judges were summoned before the
legislativ- Jar, and calmly assigned reasons
! at length, for their decision. These reasons
were replied TO, with great spcciousness
and subtlcty, for the great talents of Row.
an, Bibb aud Barry, were at the command
| of the relief party, and their manifestos
were skillfully drawn. A vote was at length
taken. and the constitutional majority of
two-thirds could not be obtained. The mi-
nority eXulted in the victory of the judges.
"Bst their adversaries were too much in
famed to be diverted from their purpose,
by ordinary impediments. The edlct of
"DFLENDA EST CARTHAGO," had gone forth,
and the party rapidly recovering from their
first defeat, renewed the assault in q for
midable direction, which had not been fore
seen, and when success was clearly within
their reach. The majority could not remove
the judges by Impeachment or address, be-
cause their majority although large, was
not two-thirds OF each house. But they
could repeal the act by which the court of
appeals had been organized, and could pass
an act organizing the court anew. The
judges would follow the court as In the
case OF the district court and court Of quar-
ter sessions, and a bare majority would suf-
nee to pass this act. A bill to this effect
was drawn up, and debated with intense ex-
element, during three days, and three pro-
tracted night sessions. Wickliffe, denounced
the party, with fierce and passionate invec-
tive, ms trampling upon the constitution,
deliberately, knowingly and wickedly. Row.
an replied with cold and stately subtlety,
perplexing when he could not convince, and
sedulously confounding the present act,
with the repeal of the district coArt and
with the action of Congress, in repeating
the federal circuit court system, and dis
placing its Judges by bare majority. On
the last night, the debate was protracted
until past midnight. Tho galleries were
crowded with spectators as strongly excited
as the members. The governor and lieuten-
ant governor M'Afee were present upon the
floor, and mingled with tho members. Both
displayed intense excitement, and the gov
ernor was heard to urge the calling of the
previous question. Great disorder prevail
ed, and an occasional clap and hiss, was
heard In tho galleries. The bill was passed
by large majority in the house OF repre-
sentatives, and by nearly equal majority
| in the Senate,
mo time was lost I'm organizing the new
court, which consisted of four Judges, Will
liam I. Barry was chief justice, and John
rrimble, James Haggin and Rein II. Da-
vidse, We're associate justices. Francis p.
Blair was appointed clerk, and took forci-
bic possession of the records OF Achilles
Sneed, the old clerk. The old court in the
meantime, denied the constitutionality of
the act, and still continued to sit as a court
OF appeals, and decide such causes as were
brought before them. A great majority of
the bar OF Kentucky recognized them as
the true court, and brought their causes by
appeal before their tribunal. A great ma
Jority OF the circuit judges, obeyed their
mandates, as implicitly rs II no reorganiz-
ing act had passed. A certain proportion
OF cases. however, were taken up to the new
court, and some Of the circuit judges obeyed
| their mandates exclusively, refusing to rec
ognize the old court. A few judges obeyed
both, declining to decide which WAS the
| true court.
"This judicial anarchy could not possibly
ngaIn appealed to by both parties, and the
names Of relief and enti-relief became
merged in the title Of old court and new
court. Great activity was exerted in the
canvass of 1925, aud never were the passions