Dakota farmers' leader. (Canton, S.D.) 1890-19??, 1896-04-24
COURT REVIEWED.
Joe Kirby Of Sioux Falls, Writes
the Leader, in Regard to Re-
Recent Decisions by
the Supreme
Court.

In glanclng over the political questions
which today are ag,atlng our people,
find the respective merits and demerits of
both the executive and legislative bodies
of our state have been quite thoroughly
discussed and with such good results that
it will in all probability be many, very
many. years before such a state of corrup-
ticn and chicanery as that which in the
immediate past disgraced our state will
again be witnessed. But while we are
familiar with the position which these
two great divisions Of our government
have assumed, let us not pass unnoticed
that other great division, the judiciary.
which is by far the most potent factor for
good or evil in our social compact. In as
much as the great corporations of the
country which have grasped not alone the
present wealth but to Il great extent
secured mortgages on the future, have
not for moment hesltated and do not
hesitate to in an illegitimate way apply
portion OF the wealth acquired in nfurther-
apce of their purpose. 1t devolves on us
to see that not only are the two lesser
divisions of our government renovated,
but we should scan With Jealous care the
acts OF the mightier division. which is
made doubly dangerous by the fewness OF
its mem bers. and the indifference OF the
public generally to its acts.
The corrupt acts Of the Legislature may
by subsequent body be repealed, but
not SO with an i'll advised judicial deter.
minition. To the latter the rule Of state
dcctsis will cling with u tenacity which
no amount Of legislation can fully re.
move. II either the legislative or execu-
tive body overstep the authority con ferred
upon it the judiciary can, il honest. by
stroke OF the pen annul the illegal act;
but as to an erroneous judicial determina-
tion no appeal lies. The matter can only
be reviewed by the body that made it. II
u general line Of decisions OF the court OF
last resort indicate fixed purpose iDcon-
sistent with the great principles Of right
and wrong, relief can only be had by
change OF the individuality Of its mem
bers. The appeal must be directly to
people. This is seldom taken. Probably
because few outside of the lawyers prac-
ticing before this court know of the flimsy
pretexts which are advanced as an excuse
to reverse affirm or modify determ'na-
ton made by trial court and jury. The
latter have seen the witnesses face 10 face,
learned there the whole history of the
controversy, determined the amount OF
damages if any which should be awarded
and still the courts of review have on the
slightest pretext when they desired so to
do, annulled the whole proceedings. OF
even the few lawyers who are cognizant
of this state of affairs, the majority in the
fear of losing matters entrusted to them,
if they dare protest. or possibly the hope
Of currying favor in the future, prefer to
suffer in silence or even kiss the rod that
smites."
All history shows that power of itself
tends to corrupt those who possess it. |
This tendancy increases In geometrical
as the fear of adverse criticism
and review is removed. 1t was this fact
which caused Thomas Jefferson in speak
ing OF the judiciary of his time, to classi-
fy them rs sappers and miners. steadily
and endangerlng the peo-
ple's rights. But as no court or other
public body should allow its acts to be
such as not to bear public inspection, and
should remember if cause for criticism
exists the fault is theirs and not the crit
les, and as every employer has right to
know how his employees are conducting
beg to call attention to the
record made by our court of last resort
for the past IS months, presenting first
the latter cases decided wherein the trans.