The Goldfield news and weekly tribune. [volume] (Goldfield, Nev.) 1911-1947, 1917-01-27
THE WORLD DO MOVE

IHE WOKLD ~ MOVE
After all, and in spite of all hindrance and back pres
been permitting court DEGREES to stand, whether we liked
them or not, until reversed or set aside by some court au-
thorized to review them. And therein some of us have
suffered great inconvenience at times; and the rulings OF
these higher courts have not always been satisfactory o
all of us. Frequent1y-all too frequently-they have been
actually disappointing to one side or the other-some-
times to both.
Now, all this is to pass, and the wonder is that God
in His infinite compassion has permitted us to groPe so
long in the darkness. Under a new rule, recently pro-
posed, whenever an attorney or his client tails in the
court of original Jurisdiction to get the kind OF decree ne
wants, he or they, or either or both will go upon the street
or into the bar rooms or other places where people con
gregate and declare and proclaim the decree invalid.
Thereupon, after such due publication, the original decree
is void and of no effect-anyhow the new decree is equally
in force.
Under this beneficent rule, which Blackstone, and
Kent, and Marshall, and Story, and all the other law-giv-
es, from Moses on Sinai to Scion of Athens and Caesar
at Rome, and on down through the ages to Pat McCarren
at the foot of the Carson hills, have been too stupid to
suggest-undert this beautiful rule civilization will go tor
ward with leaps, and we can have a dozen DEGREES where
now we have only one. And any ltigant may have any
kind of decree he may fancy; he need only employ an at
torney.
Of course supreme or appellate courts will be aban-
doned or fall into "innocuous desuetude,' but what OF
that? The once brilliant suggestion of having twelve
verdicts in one case, one from each juror, loses its luster
and fades from the mind and the memory in the light of
Ills nS"Sl Nioli VI IiioNN o.
eminent.
In any event we may have three verdicts or decisions
in each case, one from the counsel on each side and one
from the court that the people provide; and in cases where
a ltigant employs more than one attorney he may require
each to furnish a decree of his own. And the
litigant may then take his choice, or switch from one to
the other, from day to day, as the exigencies of the case
may require.
Having no supreme or other appellate court to review
these several DEGREES, they will all be in force. True, we
might have to employ a few more sheriffs and police Off
GERS to enforce these DEGREES, and they and the 1t1gants
might take to shooting each other up, but just think what
we would save by abolishing the higher courts! And it
one decree in a given case is of value to society IN main
tanning order and respect for the law, why not have sew
eral, so that every man may have a variety to choose
from?
Of course it is expected that Judge Walsh and the
members of the state supreme court will insist on serving
out the terms for which they were elected, unless the legis-
Ilature and the controller should find some way of cutting
off their salaries. And the Judges of the federal courts are
appointed for life, but most of them are old and will soon
die. and the new rule will put them where the rust of idle
ness will hasten the end. In spite of their stupidity as
law-givers a generous public will say, "Let them carry
their honors, empty though thew may be, to the grave"
But no more courts of review! And no more courts
of any kind whose DEGREES may hinder or annoy us. or run
counter to the advice or the pleadings or the DEGREES we
pay our attorneys to get.
When it comes to pointing the finger of scorn" Tom
Lawson is there with the finger, if not with the goods.
WHEN BROTHERHOOD FAILS