Hutchinson gazette. [volume] (Hutchinson, Kan.) 1895-1902, 1898-02-10

| Jrary doctrine. Inc judicial branch
Of the government is no more entitled
to respect than either of the others, in
! any point of view. 1t draws it's au-
thority in every particular from ex-
actly the same source, the will of the
people, and the subject to correction in
the same manner that they are. The
application of law and Interpretation
of law by courts is not the emanation
of an august and separate tribunal, it
is simply the operation of an agency of
the people. If declaration of the law
through the courts is unsatisfactory to
the people it is perfectly proper, it is
as closely consistent with the theory of
American institutions, to correct the
error by electing judge holding diff
ferent views, as to change it in any
other manner.
No judge should feel impelled to say
that, although his views are at vari-
ance with those previously held and
expressed by the court, nevertheless
the law is settled ard he is bound by
previous declarations. The idea that
the people have permitted the erection
of an institution that is above them,
that every judicial uttcrunce becomes
from the moment of its publication an
Interchangeable rule for all coming gen
erations, is too abhorrent to be enter
tanned, once plainly presented, Yet
this proposition has, without being
fully considered, secured measure of
adherence. 1t should now be taken
up and exposed to the clear light of
public scrutiny and criticism that the
perils involved may be keenly appre-
hended.
1t will be said, perhaps, that an un-
satisfactory decision of court may be
corrected by statute, but there is no
necessity for limiting the remedy to
this one method. Our legislative bod
les are burdened and perplexed with
the labors cast upon them, and besides
after statute is passed the courts are
hampered in their decisions by the
traditional sanctity of presidents, by
which they are constrained to give as
little effect as possible to statutes iu-
tended to undo the effect of previous
decisions. The idea that judicial de-
cisions have peculiar force must be sup
planted by the conviction that the
courts are as fallible as the other
agencies of government, or we shall
be hurried on to elimination when
blood must be spilled to overflow the
outgrown law, as the law in relation
to slavery was overthrown by con-
test of 81 to '65. If this should occur
again, it is to be hoped that at least
then the real issue will be clearly seen,
and new start made in the right di-
rection.
1t will be asserted, it is asserted that
the general welfare of the people is
better served by securing the settle.
ment of legal propositions with GER
tainty, even though they may not in
all cases be settled in accordance with
the highest principles. This is a most
specious fallacy. This is the policy
that makes secure the results of fraud,
outrage and public spoliation. 1t is
now generally admitted that one of
the greatest questions of public policy |
ever presented to the supreme court of |
the United States was settled wrongly, |
and courts throughout the Union have
for many years resorted to all manner
Of subterfuge to evade the effect of the
decision referred to without directly
overruling it. Probably it would be
we'll enough to allow mere private con-
troversles to be permanently closed.
But in regard to questions Of public
policy, and matters effecting the rights
Of the people at large, there should be
no statute of limitation, no period to
the right to reopen the question and
demand rehearing. S. Huliug,
IN Farmers Voice.