The Irish standard. [volume] (Minneapolis, Minn. ;) 1886-1920, 1907-07-20
MAJORITY OPINIONS.

elCes concur ana two assent the APP
pellate division of the Supreme Court
Of the State of New York has decided
that a bill passed by the legislature of
New York authorizing a recount of the
vote in the last municipal election is
constitutional. From this decision
Mayor Mcclellan and his friends may
appeal to the appellate court of the
State of New York which consists of
seven members. Such an appeal will
afford an opportunity for another de-
cision by the margin of four to three
1t is not to be wondered at that pub
lie confidence in judicial opinions is at
times shaken. 1t is we'll indeed that
our courts are made up of odd num-
bers. otherwise the decision in some
cases could never be reached. The de-
cision in the New York case recalls
some other famous verdicts decided by
majority of one. 1t will be remem-
bered that Congress provided for an
electoral commission to decide the pres
idential election of 1876. This commits
sion was made up of five senators, five
representatives and five members Of
the Supreme Court of the United
States. and it provided that no more
than three members from either the
Senate. the House of Representatives
or the Supreme Court should belong to
one political party. At that time the
Senate was Republican and of course
it was understood that the Senate
would select three Republicans and
two Democrats. The House of Rep
resentatives was Democratic and it
was understood that three Democrats
and two Republicans would come
from that body The United States
Supreme Court at that time contained
Republicans. Democrats and one In
dependent, the latter being Judge Da-
Wis of Illinois, 1t was provided that
this Independent should be a member
of the commission and its presiding
officer The commission would thus
be made up of seven Democrats, seven
Republicans and one Independent, and
these men We're to hear the evidence
and to decide who was elected Presi-
dnt of the United States. 1t was ex-
pected by the country that the decision
would be a one man decision, but all
concerned and particularly the great
man who was elected on the Demo-
cratic ticket had confidence in that one
man. But before the commission met
the Republican legislature of Illinois
elected Judge. Ravis to the Senate of
the United States and thus removed
him from the Supreme bench and his
place was taken by Judge Bradley,
partisan Republican, with the result
that by vote of eight to seven Ruth
erford B. Hayes was placed in the
presidential chair, although Samuel j.
Tilden had received popular ma
jority Of nearly 100000. having carried
all the Southern states, together with
the great states of New York, Indiana.
New Jersey and Connecticut in the
North. This vas judicial decision
upon a mater of the gravest import
ance to the nation and vet notwith-
standing the character of the men
selected the prejudice and passion of
h q tt,, ct~
justice was thwarted
Only few years before that in the
last Cleveland administration the Su-
prene Court of the United States by
divided Court. decided against the re-
sumption of specie payment President
Grant so changed the makeup of the
Supreme Court by additional appoint
ments authorized by law and by APP
pointments to fill vacancies caused by
death that before his term was over
the Supreme Court as then made up
decided that that was constitutional
which the same Court during the same
administration declared was unconsti-
tutional.
1t will also be remembered that in
the last Cleveland administration the
Supreme Court of the United States by
a vote of five to four first decided that
the income tax was constitutional and
then upon a rehearing of the same
case Judge Shiras changed his opinion
and by vote of five to four they de-
cided it was unconstitutional.
We also know that that august tri-
bunal was as nearly evenly divided on
the Philippine cases as 1t could be.
These cases simply go to show that
law is not an exact science and the
question of whether or not a certain
law is constitutional depends very
much upon how the majority Of the
judges feel politically AS Dooley said:
ut might be hard question to de-
termine whether or not the Constitu-
ton followed the Aar hut one thing