The Birmingham age-herald., 1913-12-07

| Threshold, before the writing of anv
opinion, producing well nigh ineradic-
able ssession-cannot be over
estimated Such a discussion would
| tend to a rational, and a satisfying
and a reassuring decision; and the
| opinion would not be strained, hesitant,
protesting, attempting to convince the
| unconvinced 1t would speak as one
| having authority, not as a scribe. 1t
| would promulgate a union of Judgment
and precision.
"Opinions so rendered are definite
declarations commanding acceptance as
settled and stable. They do not en-
courage variant judicial utterances; be-
cause they neither parade nor antagon-
| ize individualism. The judge who in
later months or years comes to these
declarations finds fewer discordant ele-
ments and is less spured to array his
| originality against anothers initiative.
How can a Judge comfort himself
with the reflection that he is not re-
sponsible for deciding my case wrong
because he did not write the opinion.
and yet reproach himself bitterly for
the injustice done in our case because
he did write that opinion? Did he not
vote on both cases, and was not his
vote in my case as potent as in yours?
| Where is the warrant for gradations in
degrees of responsibility among appel
| late judges who vote one way? A
wrong decision by the court of very
latest resort is a tragedy. 1t takes
| from one man that which belongs TO
| him, and destroys his confidence in the
| very existence of such thing as JUS
| tice. 1t confers upon another that to
| which he is not entitled, and awards
his predatory pursuit or his inquitous
defense; and gives him taste of the
| forbidden fruits of the pirate and the
| lhighwayman. Or 1t may take from a
citizen his life, leaving upon his name
and his descendants the brand of
| eternal infamy; or, save the life that
| is rightfully fortified, and yindicate a
! desecration of the sanctuary of justice.
| Compared with the responsibility for
| bringing about such results, all others
are light and trivial Then. IL there is
anything in the permanency of first i'm
pressions of the advantages of a good
| start and the supreme Importance of
the correct inclination at first. the time
to safeguard against error in the ap
pellate court Is at the outset of the
process The cake that receives the
first stage of it's baking in an oven too
hot or too cold is marred beyond rem
| edy. The decision that is well started
in the wrong direction is rarely righted
and then only after irreparable wrong
has been done.
"The course which ii has become our
duty to suggest to your honors would
increase the capacity of each Judge %
public service and enhance the infiu-
ence OF the court as a whole.
"The chain is no stronger than its
weakest link, because each link does its
work alone. For the same reason a
court working under the advance as
signment method is measured by its
weakest Judge. A court which does the
team work of advance consideration
supplements the weak with the strength
of the strong and its measure of use
fulness may well be that of its strong
est Judge. The newly elected sooner
become worthy components of worthy
whole. The training of the judge OF
long experience becomes of greater
value to the state.
Tighten Responsibility
Decisions in which all participa ed
on an equal footing will tighten the