The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
Harrisburg, Pa., Dec. 25.--State Dairy and Food Commissioner
Warren has been confronted with a new proposition in his
crusade in Western Pennsylvania against violators of the pure
food laws. Judge S. H. Miller of Mercer County, before whom
several oleomargarine dealers were recently convicted for the
illegal sale of "oleo," has refused to sentence them on the
ground that the procedure of the State Pure Food Bureau is
persecution and lacking in equity. He takes the position that
grocers and saloon keepers, not being expert chemists, should
at least be warned previous to arrest, and be given a chance to
determine whether the foods they are handling are pure or
adulterated. Judge Miller's position is a serious impediment
in the way of the enforcement of the law, and Commissioner
Warren is preparing to take action that may compel him to
punish offenders convicted before him.
Not infrequently in the judicial history of the United States
there has been presented to a judge the choice between rendering
a decision according to his opinion of the law and the facts and
losing his seat, and rendering one according to public opinion,
or the public opinion of his party friends, and keeping it.
A judge of the High Court of Errors and Appeals in Mississippi
was one of the earlier martyrs in the cause of judicial
independence. The State had incurred a heavy bonded debt, which
she found it inconvenient to pay. The Governor, who had approved
the bills under which over $15,000,000 of the bonds had been
issued, concluded in 1841, after the issue, that it was forbidden
by the Constitution of the State, and issued a proclamation
declaring them void. In a suit in chancery this question came up
for decision in 1852. Meanwhile the policy of "Repudiation" had
been made a political issue and the people had given it their
approval by electing its advocates year after year to the highest
offices. The chancellor upheld the validity of the bonds, and on
appeal his decision was unanimously affirmed.[Footnote: State
_v._ Johnson, 25 Mississippi Reports, 625; Memoir of
Sergeant S. Prentiss, II, 268.] A few months later the term of
office of one of the judges who had concurred in this opinion
expired, and the people put a successor in his place who held
doctrines better suited to the public sentiment of the hour.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account