Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1896-08-15

brought into the lower house OF our leg
islature by no less a person than one
who had formerly been a member of the
court. For what? Because they had
sustained statute repeating the law
against usury And the impeachment ar
ticles came very near gaining their pass
age
The frequency with which these courts
oyerrule their former decisions is evil
dence that such decisions are fallible
and open to scouting. In my narrow
practice l have seen one overruled by
the same bench within twenty-four
hours, and that, too, by the merest sort
of incident. l had a case of landlords
attachment. Up to a few years ago.
when the statute was altered so as to al
low the complaint to be amended, it was
almost impossible to get one of these at
tachments to stick. My partner drew up
one in two cases, involving several hun
dred dollars, and did it fully and elab-
orately. l approved of it, but before we
got it into court saw that it had holes
in 1t If our supreme court was going to
stand by it's monStrouS decision in Fitz-
simmons VS.. Howard. The only thing
to do was to fight for time and a COM
promise in order to prevent suit on our
bond. We were plead out of circuit court
in ten minutes, but took an appeal, of
course. But the other side would not
compromise. The transcript went up
and it was my design to file brief.
dIIlFtu at montgomery TO attend the
legislature with a brief in my pocket,
but on opening newspaper at the
breakfast table l saw the case had been
affirmed the day before. 1t was what
expected, but not so soon as that. The
thing for me to do was to go and pay
my client the damage he had sustained
by reason of my malpractice. Oppressed
with this sense, went to the state house
an hour or two before the senate was to
assemble and strolled about. By some
sort of fatality l assembled to the third
floor and walked back toward
the private rooms of the JUS
tees. 1t was not in my thoughts
to speak to them. Happily, however,
winter time as it was, the door of the one
who had handed down the opinion was
open, He spoke 70 me in CHEEKY voice,
asked me in and 1 entered. That case
was so much in my thoughts, however,
that l at last remarked that the court
was mighty hard on the bar In cases of
attachments by landlords. He asked IL
that was my case he had decided the day
before, and told him it was "Oh. well'
said he, you failed to aver that the ten
ant cultivated the same land" ct was a
case of advances over from the preceding
year) But you don't have to do that"
said I; che don't have to cultivate the
same land" "Oh, yes" he replied, "that
Is the law" I didn't think of he.statute,
which in plain words contradicted him.
But you have held to the contrary very
lately" 1 said. mo, no." he laughed. 1
turned to his revolving case and in five
minutes handed him decision in II Ala,
in which he had been of counsel He was
one of the most lovable of men, Da vid
Ciopton was, and he was soon absorbed
in the book. "Shall I ask for rehear-
ing. judge?" mo, no; We'll correct it IL
1t is wrong" The case was reversed and
remanded. That case is Reese VS.. Ruge-
ly, in one of the first sos.
Law, next to matthew atics and chemis-
try is the most exact of sciences. Courts,
however. are composed of men, and can
nor be free from error. If the Chicago
convention had said, "Resolved, That
this convention does not believe in witch
es or witchcraft," would anyone have
said that the learned Sir Mathew Hale
of the kings bench, who burned two old
women as witches. was assailed and in
suited? If it had resolved that a man
should not be put to death for kindling
a fire on Sunday, would that have been
construed as an attack on the Bible, in
which such is the law? Christianity it.
self is an appeal from the judgment seat
of Pontius PLATE to responsive poster
ity. No question is ever settled in this
world Judges, law-givers, ecclesia ties.
"Altars, augurs, circling wings" even
battlefieids, 1.-The last argument of kings"
are only temporary adjudications The
right of dissent is the pedestal on which
freemep build their Institutions.
w RREWER