The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
Every lawsuit looks to two results: to end a controversy, and to
end it justly; and in the administration of human government the
first is almost as important as the last.[Footnote: Hoyt
_v._ Danbury, 69 Conn. Reports, 341, 349.] Certainty is of
the essence of justice; but among men and as administered by
their governments it can only be such certainty as may be
attained by an impartial, intelligent, and well-trained judge.
If such a judge has, after a proper hearing, declared what, under
a particular set of circumstances, the law is which determines
the rights of the parties interested, this declaration makes it
certain, once and forever, as far as they are concerned, and
helps to make it certain as to any others in the future between
whom there is a controversy under circumstances that are similar.
If it is the declaration of a court of supreme authority it is
ordinarily accepted as of binding force by any inferior courts of
the same government, and treated with great respect and as high
evidence of the law by any other of its superior courts, as well
as by courts of other States before which a similar question may
be presented.
A decision on a point of law by the highest court in a State does
not, however, bind its lower courts as absolutely as would a
statute. An inferior court may disregard it and decide the same
point another way if it be fully satisfied that the action taken
by the court above was ill-considered and erroneous. It is
possible that in such event, on reconsideration, the court of
last resort may reverse its original position.[Footnote: A good
instance of this is furnished by the case of Johnson _v._
People, 140 Illinois Reports, 350; 29 Northeastern Reporter, 895.
In McFarland _v._ People, 72 Illinois Reports, 368, the
Supreme Court had stated in its opinion, that if two unimpeached
witnesses gave the only testimony as to a certain point material
to the plaintiff's case, and testified in contradiction of each
other, the case failed for want of proof. Many years later a
charge to the jury to this effect was asked and refused in an
inferior court. An appeal was taken to the Supreme Court, and
there Mr. Justice Schofield, the author of the original opinion,
thus disposed of it: "Although in McFarland _v._ People, 72
III., 368, the writer of this opinion expressed the belief that a
similar instruction was free of legal objection, his remarks in
that respect were unnecessary to a determination of the case then
before the court, and they were made without sufficient
consideration, and are manifestly inaccurate. They are now
overruled. The question of competency is one of law, and
therefore for the court; but the question of credibility,--that
is, of worthiness of belief,--and therefore the effect of the
competent evidence of each witness, is one of fact, and for the
jury."] If not, that acquires by this attack a double force.
Public-domain text, read in full here on John Shaqi.
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