Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1912-01-23


new state nor an old, neither unduly
tranmeIed nor without traditions.
An employee of the .'Pa rhardle" Ii. e.,
the Pennsyivania) railroad named Peck
sued for damages under the employers
liability act and obtained verdict. Did
the company pay? OF course not. 1t
is the obvious business Of corporations
20 discourage such annoying proceed
ings on the part of the "a bible they en-
ploy. and whose service alone makes
these corporations possible. II is
cheaper, Infinitely cheaper. TO keep on
hiring a sang Of high priced lawyers to
make the discouragement as complete
as possible.
So the case was appealed. was re-
versed of course Chat is what the APP
pellate courts are for), retired, and still
this impudent complainant OF Peck
won. Did the company pay now? Ger
tainly not. 1t again appealed. But the
record this time was apparently bomb
proof: and the new appeal was there
fore based on the ground that the law
was Unconstitutional" Familiar
words. Sometimes l am inclined to
paraphrase DR.. Johnsons bitter SEN
tence and say OF our beloved constttu-
ton tina, il is the last refuge OF the
scoundrel. 1t is certainly the safe ref
uee Of the corporation and the rich
litigant.
Now one appellate court in Indiana
having been unable 20 take care OF the
endless appeals. writs OF error, eIcep-
tons, etc. which constitute the main
business Of the courts, an intermediate
court of appeals had been created 10
relieve the familiar almost UNIVERSAL
Congestion" The appeal in the Peck
case came before this intermediate
body, which. however, had no turisdic-
ton in questions Of "constitutionality.
Therefore, the case was transferred 10
the state supreme court
The supreme court In brief memoir
andum said that the constitutionaiity
o. the law had been passed on many
times, and it had been affirmed not
only by the state supreme court. but
by the United States supreme court as
well. Case transferred 20 the appellate
court. The appellate courts dignity,
OF course, was deeply injured. 1t had
been told in effect (Which seems the
obvious sac;} :as. if did not know the
law. Therefore. to prove that il did
know the law, the court wrote long
opinion upholding the view. Case re-
Transferred to the supreme court.
T. The supreme court, being now on Its
net,le, reaffirned its position, likewise
:n long opinion, in which it held, one
would say not insanely, that there
must be some court 20 say the
final word and this must be the
supreme court. 1t also pointed
out that this safe defendant. the
! panhandle railroad. had already
tried four times, unsuccessfully, to
plead the unconstitutionality of this
same law, to defeat similar Judgments.
and intimated that it was about time
| To put an end to this sort OF trumpecv
| LITIGATION. Case retransferred to the
appellate court. where under the stat
ute il belonged.
| Did the appellate court accept this
ruling Of the supreme court? Not In
the least. In memorandum 1t said:
1.-THE case having been submitted to to
full court, the four judges not concur
ring. the case IL retransserred to the
supreme court. .
And there the Peck case sleeps!
| All this, gentle reader. happened years
ago. The last action OF the appellate
court was January, 1910, and on Dec.
last, the case was still on the docket OF
1 the supreme court. The Judgment OBJ.
tanned by Peck, after two trials. wa:
$4,000. How much Of this do you sup
pose will be left for Peck, when thu
tlawyers, aided and abetted by thu
courts OF Indiana, are thru?
II this f. not judicial anarchy. I, fol
one, do not know what the, terms
mean. II Is my personal opinion tina
no crazy bomb thrower who ever land
ed On. these shores has ever done
tenth part OF the harm to American in
stftutions which the judicial anarchisn
lin its innumerable manifestations ha
worked to render justice q thing q
! Jest and contempt
II This II Justice In Indiana. The mex
il from New York-a sample Of no,
! the law Is administered by the sam
court Of appeals. which, faithful {
. the tradition OF the courts OF appeeli
. isc-.A the attempt to enact the Englis
] workingman's compensation law IN,
the statutes Of New York unconstitu
ltional.
II In April, 1910. one wo1ter was cor
lyicfeA Of peculiarly atfocious murdt
; Of little giri and sentenced 70 deaf
vtthe 16alewing June. His counsel q
stsEss:ll7