The silver messenger. (Challis, Idaho) 1890-1912, 1898-08-16

w Oh q IA ASSCAPO Va bhO AOi'
lowing from an author who uses
the non de plume "Jundicus. Tt
is interesting reading matter
1.-THE theory of our system OF
Government is that the common
law is the law of the land, except
where it has been substituted by
by statutory enactment, and that
in the Interpretation of statutes
as well as in declaring the com
mon law, the courts are to be
governed by established preced-
emit, consisting of the decisions
of other courts Of last resort,
touching the points involved. SO
far as well established preced-
ents can be found.
'In creating supreme courts as
coordinate branches of the gov
eminent, national and state, it is
supposed that those courts will
consider themselves bound by
the foregoing principles as linn
itations upon their authority and
as guides for their conduct; and
such, to their honor be it said
has always been and is the rule
with all the courts in the country,
except the supreme court of Ida
no. 1t, however, is sin generis, a
law unto itself. Relying upon
its own absolute infallibility,
which no one questions because
they don't seem to have the
power to do so, it says the law is
thus" because it is our word,
and our word is law. BY this
simple and easy formula they
establish q circle from which
there is no escape, for either law,
justice or common sense.
"a reference to two or three
decisions out of multitude of
recent ones will suffice to show
how they slaughter the law.
First of course stands the
notorious fee bill decision, in
which they practically nullified
all the laws in the state.
Provisions similar to those of
our state constitution in refer
ence to the forms to be gone
through with by the legislature
in the enactment of laws exist
and have existed in q great many
other states and have been CON
sidered by their higher courts,
and In every one of them they
have been construed as merely
directory, and that a departure
from the strict letter of form
would not defeat the substance,
and that where the legislative
journals did not Automatically
show noncompliance with the
terms of the constitutional rules,
and regulations. a compliance
would be presumed. In short
the courts have presumed that
the legislatures, elected by the
people, were composed of fairly
respectable and patriotic citizens,
possessed of sense, and animat-
cd by some disposition to do their
duty.
But the supreme court of
Idaho has evolved from its in
fallible inner consciousness the
doctrine that the state legisla-
ture is species of public enemy,
ALL the time eager to do some
dreadful thing, that in some I'M
Il Axplained and unexplainable
banner would do awful damage
to somebody, or something, I'M
less they were put and kept in o
species of judicial straight jacket
by the supreme court.
True the supreme court of
the United States in the Alturas
county division case took a diff
ferent view. But what does the
Supreme court of the United
States know compared with the
supreme court of Idaho ?
True, also, that the Kentucky
court of appeals once decided by
the supreme court of Idaho, and
it was decided by the supreme
court of Idaho, and that they
afterwards weakly recognized
the error that they had fallen
into and rescinded their decision.
But such confession of fallibil-
ity would be altogether beneath
the dignity of the supreme court
of Idaho.
Here, again. its sin generis
nature asserts itfelf, andi it stands
alone as the one transcendent
court in the whole land that new
er makes a mistake, never re-
verses itself and (almost) never
grants a motion for re-hearing,
and when it does it invariably
convinces itself more strongly
that it was altogether right in