Hutchinson gazette. [volume] (Hutchinson, Kan.) 1895-1902, 1898-02-10
RIGHT TO REVERSE.
JUDGES TOO MUCH BOUND BY
THEIR PREDECESSORS.
An Able DIscr ssiOn of the Infalllbility of
Courts and the Tendency of Judges TO
Have too Much Venerntion for Pre-.
ViOuS Decisions.

The attempt to establish the suprem'
Acy of the courts in our form of govern.
ment is one of the most startling at
tacks upon liberty that could be i'm
Rgined. am amazed that it passes
almost without challenge Once in
bur history ave the people rushed to
Rrms, and at terrible cost of life and
treasure reversed the supreme court of
the United States. Yet the peril lurk-
Ing in this history was not perceived,
and we are now once more in the rap
ids, moving steadily toward the verge
OF the abyss. The theory of American
institutions centers in the idea, "The
will of the people is the supreme law"
This is not directly questioned, nor can
It be questioned until the government
Is revolutionized. Nevertheless very
frequent attempts are made to enforce
4 tho idea that the emanations of the
ssjI ccial branch of the government in
the decision of questions submitted to
the various tribunals by which it is
made up, and in the promulgation of
principles for the regulation of the con-
duct of individual citizens or the man
agement of administrative depart
ments, have peculiar sanctity, embody
more than human wisdom. Radical
changes of policy, falling little short
of revolution, are effected in the ex-
ecutive and legislative branches as the
OF periodical elections, but there is
amore or less constant assumption that
what has been declared by a court
must stand, regardless Of popular ap-
proval, that law so declared is not sub
ject to revision.
An incoming president may, in many
respects, fatty repudiate the acts of his
predecessor, he may refuse to proceed
with work that his predecessor has
commenced, he may directly and inn
mediately undo much that has been
done, without apology, excuse or ex-
PLANTATION. So our legislative bodies
may amend or repeal statutes, and
completely reverse a course establish
ed by the will of a preceding body of
the same character. But the moment
we come to consider courts all is
changed. Here the dead hand holds
sway, the will of the people at variance
with previous course can only be put
into effect after overcoming a tedious
SEX 'Gs of obstacles causing long delay,
and the country languishes for years
while the effect of erroneous declara-
tons of law is being overcome. In the
Legislative department the question of
complete repeal of any statute may be
e lught up at any session.
IN the judicial department, no mat
ter how widely a Judge may differ
from his predecessors as to what should
be the law, as to what is the law un-
der proper Interpretation, the tradi-
lions of the institutions absolutely for.
bid direct reversal of previous decis-
ion Of the same tribunal, and these
traditions require adherence 10 pre-.
vious decisions of other tribunals on
questions newly presented in any state.
Decisions made long generations ago
are daily cited as authority, and are
conformed to. Desired changes can be
brought about only by slight varia-
tons in the current decisions includ- !
ing number of cases having the same
tendency, until in the course of weari-
some time the current may be COM
leIely turned into a contrary direc-
on The attempt TO change the
iurse Of legal decision with any de- ,
zee Of promptness by electing a Judge |
18th different views, or by changing !
ne constitution of q court, is regarded
> especially obnoxious
This It is that is sapping the founda-
n of our liberties, and every good
zen should give attention to this
tdposition and combat 1t at every OPP
lFtunity, and to inculcate the con-