The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-06-24


taxation of express companies is conforms
able TO the federal constitution. These are
only 4 few out OF many cases in which the
Supreme Court of the United states has
recently declared important rules of law by
the majority of one vote. The layman is not
familiar with any other science whose prin-
ciples seem TO be so doubtful. rle knows
science of geometry which declares with
absolute certainty that the square OF the
hypothenuse of 4 right-angled triangle is
equal to the sum Of the squares of the ether
two sides he is acquainted with physical
science whose law of gravitation brings the
falling apple to the center OF the earth eV-
cry time: with a science OF astronomy
whose calculations predict TO the fraction OF
a second the rising OF the glorious ORD OF
ing precision the course of the mistress or
the night.
WHY LAW is A SCIENCE.
But a moments reflection will teach US
that the discrepancies in the decisions of
courts do not initiate against the theory
that the law is a science; for its claim 10
membership to the circle Of sciences can
hardly depend upon the accident. whether
five, or four or nine of the judges for the
time being, of even the highest court cor
rectly apprehend or properly apply some
particular principle of law. The law for the
moment is what the judicial tribunal de-
clares it TO be, and although the judicial
decisions are the best evidence of principle,
they are not always ultimately accepted:
Decisions are made but principles live and
grow, and, subject to certain limitations
imposed by the salutary doctrine OF stare
decis we recognize the right of every mas
ter of the law to bring any decision no mat
ter how vulnerable, ultimately TO the touch
stone of principle.
Mr.. Maxwell declared that the first BUSH
ness in the treatment of law as d science
was 10 discover the underlying principles
upon which ii is founded. 1t was absolutely
necessary that this should be done and our
legal knowledge systematized, for decisions
of Importance were so numerous that one
could never hope TO read even the syllaDl
of half of them. He paid high tribute TO
John Austin, who had first attempted this
classification of the English law In con-
Guiding he declared that the Improvement
of the law must follow upon scientific lines.
The common law has not yet reached per-
lection, and the assurance that it would
yield obedience to the voice of science was
the best guarantee that 1T would continue
to perform it's great function as an agent
of civilization.
At the close of Mr.. Maxwels address
Chairman Stuart, of the membership COM
mittee, reported l42 new names So ana they they
were accepted by the association. Treas
urer Butler reported a membership of 176,
with balance of $Sl410 in the treasury.
A EULOGY ON VOORHEES,.
In the afternoon Vice President John g.
Williams presided and delivered an eloquent
eulogy uPon the late Senator voorhees,, in
the course of which he said
THE personal appearance of Mr.. Voor-
hees would attract attention at all times;
his figure was tall and commanding, his
head strikingly large and his face attractive
in the extreme HIS mind, was of a peculiar
order. Whilst 1t was quick, comprehensive,
analytical and logical, it was not philo-
sophical. He was emotional, and his con-
illusions and actions were induced rather by
his sympathies than by logical processes.
He had to an extraordinary degree the fac
uty of putting himself in anothers place.
and IN SO doing seemed TO lose his own
identity He was thoroughly sincere and
without the faint of selnshness. Envy,
malice and uncharltableness found no place
IN 14a art h1It and we tn aX
aggerate the good in man and apologize Tor
the bad.
These characteristics will be of some
aid in the consideration of MIR. Voorhees's
career as a lawyer His mind quickly
grasped and easily mastered an intricate
legal question, but such task was not one
that he enjoyed His strength was in un-
derstanding the strong facts in 1t for his
clients, in knowing how those facts would
impress the jurors. He was very familiar
with human nature and this enabled him
to guess with rare accuracy the view that
the jurors would probably be inclined to
take of the case as q whole Possessing
these qualities, Mr.. Voorhees, remarkable
success as lawyer, particularly in the de-
Tense of criminal cases, creates no sur
THE continuous political success of Mr..
voorhees, was due to those qualities OF mind
and heart already mentioned. He believed
in the people and they believed in him.
His attachment to their cause was not a
well-acted pretense; it was sincere in every
sense of the word. He represented the
sentiments of his constituents; he did not
manufacture sentiments for them lie had
their unbounded confidence, which he never
betrayed, and their unwavering support,
which he constantly sought to repay by a
DISTINGUISHED and earnest attention to what
he believed to be their true and best in
terest.
In the midst of busy and harassng
political life there was one task to which
he devoted much time and which furnished
him much pleasure-as the chairman of the
committee on the congressional library.
The result of their labors is the erection, of
a library building at the Capitol hill of
which any nation of any age or>clime might
be justly proud.