The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-31
FROM OTHER PENS
SETTLED LAVA FICTION.

SETTLED LAVA FICTION.
One OF the main points of Justice
Harlan's dissent in tho Standard Oil
case is that the majority of the court
ignored the settled law of previous
decisions holding illegal every COM
bination in restraint OF trade,
whether reasonable or unreasonable.
In this Justice Harlan invokes what
is known in legal parlance as the doc
trine of stare decisis," which trans
lated into English, means that when
a court once tells what the law is, it
is presumed to be the law forever I'M
less changed by the lawn1aking body.
But every lawyer knows that while
in theory a court decision settles the
law, in fact, it does nothing of the
kind, except for the time being. Every
lawyer knows that the fiction of stare
decisis" Is merely an excuse for a court
that does not want to disturb existing
conditions, but never stands in the way
when the court wants to overturn
what some other court has declared to
be the law or even to reverse itself
with or without reason.
The Supreme Court of the United
States, our highest Judicial tribunal,
has frequently unsettled what was
supposed to be settled law. The per-
sonnet of the court changes or the
judges change their minds. So the doc
trine of stare decisis'' only amounts
reaffirming a declaration on the same
issue already made by the same court
or by another court of equal or higher
standing.-Omaha Bee.
KNOWLEDGE OF AFFAIRS.
It is sometimes said that the ordinary
citizen is ignorant of the afralrs or the
city and is therefore complaining ana
suspicious That is no doubt true. The
people are not informed OF their own
affairs. There is no course of tnstruc
ton provided. It might be, If there
was, that people would be more salts
fled or possibly more dissatisfied.
1t is a matter of good, honest business
policy if there were some bulletin or re-
view, giving at stated times the prob
lens of the city, it's debt interest and
daily expense, statements Of various
items of expense etc. Good citizenship
demands the facts. This is what the
commission form of government Sc
cures. That provides for gazette,
giving every month or so, the details Of
the city expenditures, and what fur
Their action the city proposes. 1t can
do this with the commission plan; not
with the present plan, for nobody
knows.
And it is necessary in the commits
sion plan, for the people and the city
government are so close together that
they are apt to work together, and
touch of the people because the peo-
pie know what is going on.-Ohfo
State Journal
A LETTER OF THE LAW.
A "joker' in any act of law pos
sesses a hidden meaning, which comes
as a surprise to someone after the en-
actment either defeating or distorting
the apparent purpose of the law. But
the Joker" in the Appalachian For
est Reserve Act, which has ELECTED
some comment, appears to be quite
OF a different kind. 1t will be remem-
bered that the purpose of that law
was to preserve the forest lands. To
circumvent possible constitutional
objections, the bill was disguised TO
appear as a plan to aid navigable riv-
ers. Director Smith, of the Geclogi-
! cal Survey, now proposes to act &C
cording to the letter of the law by
Withholding his approval of purchases
or forest lands until he has found
the actual relation of these lands to a
dependent navigable river"
Director Smith, as a native New
Englander, no doubt has sincere id
terest in the preservation of the White
Mountain forest. He Is merely doing
his duty as required by that law. how
ever, even If he has to bar some of
the contemplated purchases. Water
sheds of navigable rivers are essen
tial to a proper execution of the
statute, and they must be in evidence
before purchase can be made.-Wash-
Iington Herald.