The Advocate and news., 1898-09-07


pressed It, Judge Martin was driven out
Of the Republican party because he was
not a corporation tool Now let the
Journal and the Mail and Breeze be fair
and acknowledge that it was because
Judge Martin and Judge Allen-the Pop
ullst member OF the court-agreed SO
we'll in their decisions that they are able
to make these comparisons.
Let us take fairer comparison Of de-
cisiOns rendered by the court under the
Republicans and under the Populists.
Let us compare the two years immedi-
ately preceding Judge Aliens accession
to the Supreme court, when the court
was composed Of Republicans entirely
satisfactory to the corporations and to
the Republican party, and the last two
years, under POpulists, including enough
of Judge Martins term to make up the
two years.
OF the 100 corporation cases submitted
to the court mostly railroad personal
injury cases, brought by the employees of
railroad companies and others for the
companys negligence, and insurance
cases-the Republican judges decided
eighty-three in favor Of the corporations
and thlrty-seVen against them. In two
years under POpulist judges, Of the sew
enty-one cases decided, thirty have been
in favor of the corporations and forty
one against them. It may be said that
Judge Horton, the attorney for the stock
yards company and the insurance COM
panies, was member Of the court under
the Republicans at the time mentioned.
1t must be added, in order to under
stand fully the meaning Of these COM
parsons, that Of the eighty-three cases
decided in favor Of the corporations by
the Republicans, fifty-four were reversed
from the District courts-that is, in the
District courts ffty-fOur were decided
against the corporations and the Su-
preme court reversed them in favor Of
the corporations. OF the twenty-thTee
decided in favor Of the corporations by
the District courts only four were re-
versed against them by the Supreme
court. OF the thirty cases decided in
favor Of the corporations by the Supreme
court under the POpulists, twenty-one Of
them have been decided against the cor
porations by the District courts; and Of
the sixteen decided in favor of the cor
porations by the District courts, seven
have been reversed by the Supreme
vrvt1 hn vnAinnI hnun khot Aho
percentage Of cases reversed and decided
in favor of the corporations by the Su-
preme court under Populist judges Is
greater than under the Republican, but
cans affirmed more cases which were ap-
pealed by those opposed to the corpora
tions than the Populists, and because the
tendency OF the District courts is not so
much to decide cases for corporations
as formerly. 1t must also be understood
that as the court-owlng to the creation
of the Court of Appeals-is now nearly
caught up with its work, the corpora
tions do not bring cases to the Supreme
court simply for delay, but only when
they are reasonably sure that their cases
must be reversed. When the court was
three or four years behind in its work,
the corporations would appeal many
cases, which they had lost in the District
court and which they did not expect to
win in the Supreme court, in order to
delay the paying of the judgments
against them. 1t will be readily seen
that when the court is up to date with
its work so cases are heard as soon as
appealed, there would be no delay gained.
1t will be seen by the figures above that
If the corporation won in the District
court it need have little fear Of reversal
in the Supreme court under Republican
judges; but under the Populist court the