The Van Buren press., 1904-03-19
The Supreme Court and the Railroa d,

From the Benton County Sun,
One of the favOrite Davis argu.
ments, used by him in all his
speeches, is that Wood is not
worthy ofsupport because, accord
ing to Davis, the supreme court
has, since Wood has been a mem
Der, decided majority of appeals
in railroad cases in favor of the
railroads. Assuming this to be
true, have you thought about
what the argument means7 The
supreme court, composed in this
state of five judges, who are pos
sessed of superior legal knowl-
edge, and who have better oppor-
tunity for investigation and de-
liberation than the one judge who
presides over the lower court, is
created for the purpose Of correct.
lug the errors of the lower court,
in the admission or rejection Of
testimony or in giving or refusing
instructions, etc. In all the states
these supreme judges are selected
from members of the bar who are
noted for ability and high charac.
ter. There has been no instan ce
since the foundation of the govern
ment where one of these supreme
courts is known to have rendered
a corrupt decision, and very rare
ly case in which there has been
even a ground for a suspicion Of
corrupt or improper motives. The
cases in which a single judge of
the supreme court has proven 10
be corrupt are so few that perhaps
no one will be able to recall or
point out the case. Their duty is
simply to ascertain and declare
the &w, without regard to its
effect upon litigants. They pass
upon the constitutionality and
validity of the state laws. The
success of our popular govern.
ment depends more upon the con.
hdence Of the people in the IN.
tegrity and impartiaIity of these
courts than upon any other one
thing. When this confidence is
once really shaken the republic
will not long endure. Every stu.
dent of history, every lawyer,
every judge, and every thoughtful
person realizes and knows this
fact. Gov. Davis knows it, and if
he can succeed in convincing the
people that they cannot rely npon
the integrity and impartiality of
their supreme court, he will do
more permanent injury to the
state Of Arkansas than he could
do if he were permitted, without
let or hinderance, to march for
thirty days through the state with
n company Of men and destroy
the property Of the people at will,
The people of Arkansas have rea.
son TO be proud of the fact that
their supreme Judges, both now
and in the past, have been above
the suspicion Of any faint Of cor.
ruptIon or unfairness. The argu.
ments as to the number Of cases
decided for or against railroads IN
m appeal to the prejudice sup.
posed 10 exist In the minds Of the
people against The railroads. II Ia
without foundation In fact 1t is
unjust, 1t is pure demagoguery,
1t is harmful to the best interests
of the state, 1t Is u dangerous
thing to instill into the minds OF
the people, If il is right, aud il
the people are TO act upon 1t and
adopt it, they say, in effect, to the
supreme court that, while they are
expected to decide all controy'
ersies between private citizens
according TO the estab ] sh e d
principles Of law and without feaI
or favor, they must decide cases
between u private citizen and II
railroad company IN favor OF the
citizen, Yet, If they were to dc
this very thing, or even If there
should be n wellfounded suspicion
that ;hcy were capable Of doing
such u thing, they would ~ once
forfeit the respect aud confidence
of every honest man aud Of Davis
himself, Then what does the fact
that u majority of appeals IN rail
road eases, during u certain PERIOD
have been decided IN favor Of th,
railroads prove' Nothing what
ever II the reverse were true
), what would it proye' Nothing
What are the factsi Since the ques
ton has been raised the clerk o.
the supreme court hus prepared 4
statement showing every railroad
case decided 10y that court siuc,
Judge Wood hus been u member
Of It, aud It appears that OF the to
lal number Of ii5 cases decided
! 1sl eases have been decided IL
favor otthe railroads sand 26i cnsel
Ngains, them, Accordingto Davis
argument this would prove tina,