The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1911-10-31

system Of checks in the hierarchy OF
courts as we'll as by the constantly
differing opinions of judges them
selves. The ~gradaIions Of courts, the
higher possessing revisionary powers
over the lower, result in exhibiting
error in a large percentage of the
lower courts decisions, or at least diI-
ferenceS in the practical eTect OF
their conclusions as with
those of the courts above them. Ma
jority rule on a divided bench indi-
Gates fallibility in one Of the parties
to the division, and in the course OF
Il session of a court Of several mem
bers each may find himself in the
minority on one or more decisions,
in which case he is entitled to sno"
that his opinion is no more laillple
than that OF the majority. TIC organized
labor bringing to the courts questlons
bringing to the courts questions
sprireing from moderniZed Industry.
| the judges have furnished continual
illustrations Of inadaptabihty eltner
to one lnother'S views or to preVati-
| ing public opinion. Their decisions
on these questions have alSo SHOWN
their tendencies as disputants TO
place an on either one or
the other amid conflicting principles.
The series of results of the spllt-up
Of the Court Of Appeals OF New YORK
in 1894 in finding, by a vote or our
to one, that the eight-hour act passed.
in th:tt State in 1897 was u~nconstitu-
tional. was from several points OF
view worth a laW-college education 70
the labor men of the Two
members Of the court regarded the
act rs an interference by the Legs
lature with a right of the munlcipai-
ity. and therefore
Two others, to whose mlnos II ue-
nriycd an individual of properly
~;1H.,t duo process OF laW. dlSN
fonnd it unconstitutional. But the
fifth Judge, accepting it as a ponce
REGULATION in the interest OF puuii'
health n morality, maintained INA
It was constitutional. Judicial cohIu
sion leaving the matter IN TINS snap.
the neople Of the State took 1t up ans
bv The aid of a ju~dge-prooI cohstl.u
t;onal amendment passed an elsne
:, ho11r act, the terms of when tame
. with provisions the United states ou
preme Court had declared Vaho y
. the Kansas eight-hour law.
ON The likelihood of Judges vary
ing in their views of elementary iesa
,,rincinles. one or the other OF Wnlcl
. Nv this time ought to be an es'ap
l;shed basis of our public poHc!, u
!, irdicial course on the New YORK Yen
honr bakery act is witness bs
vote Of four to three, the ota.e 80
! of Anreals held hat the statute wa
q nTOnoT eASISI0S VI /:
md therefore constitutional. But.
- tbn United tates Supreme Couit ~
p i1dges 10 four held the law 70 pS Vi
= oonsfitutiona on the ground that
ATTEMPTED an arbitrary my.
with the freedom OF coh.ia...
, Tho DIST Of the lesson 70 the "aSs
/ 49, thasa various decisions
le 800 the principles of the law VIM
g mav l.. invoked in regard 70 SUI
= statutes are but few ana EASY =,
= darstood, while each Is an liis'i
: r. be srasped and empioseu 49,
= desired effect by interested S.n
! Not only does n sec plaiiiis
/ aao +ynical cases that judges a.
u snI;b,a Int also that they may
IN nu,red by personal associations q,
-. ordinations That being me =. -
aen;rations for justice OF me wa5
:. working masses may De suiioie
~ tt,a and warrant in ndeaSoiins
is NY 49, tnair own views Of justice
us a,bajr o]pponents may reasohdp
;" - ont TO demonstrate that the Pr
e a.nlae Of a law which the Wase-ee.
- ors D cannot De ah5 30,
80 reason ord justice, that me 70"
4 5 80 - heavier burdens on socie'
r. ieau ,,nder If the wage-earEe
70 ..alxas would be the cnlt1 =
70 .dne Rut to charge the Wage-ea'
u -. I'm d~isrespect for the 1uo1ei'
hacavse the critlclse, even - 49,
toms the views helo ~ 80
ns judges is divertins at'eh''on
he JS.antiaI subject to an lncioen
&c pojnt. It is begging the qne nan
nj ~ va pe-worker may pef'i
he - art;op 10 the fact. recorueu
ION tal $3.50 ..Oyerruled Cases, t1at
of DiaaL az 1873 the appellate coQ
en- q .a-.u1ed nearly ten tnonSanu
eS- 10 ~ decisions. ct ne co.
~ ssnact the courts, accoroihs,
will 80 orr;ous 70 any superstition :
lies here are principles IN Ia" o. NM
IN 49, ,.bich he may not presume
49,. as may other aymeh
Dor s. aarker is prepared TO assert
oct - ~ free speech ana q Tree y.
III re- hing comment on this pr1hcipie
vas 80 - a concrete point feAeie
m. may be made to the opinion res ar,
hat if officially rendered. ~ -, 7
the SHEPARD, OF the =