The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
The English courts long ago declared it to be a rule of law to
prevent perpetuities that no estate in lands could be created
which was not to commence within the compass of a life or lives
of persons then existing, with an exception intended to favor a
minor heir. American courts accepted this rule, but some of them
construed it as meaning that no estate in lands could be created
which was to continue after the expiration of such a period.
This construction was shown by Professor John C. Gray, in a work
on "Perpetuities," to be unwarranted, and since its publication
the cases which had proceeded on that basis have been generally
treated as erroneous.
The nature of a legal presumption, also, had been misconceived by
several American courts. It had been treated as evidence of
facts.[Footnote: Coffin _v._ United States, 156 United
States Reports, 432.] Professor J. B. Thayer, in his
"Preliminary Treatise on Evidence,"[Footnote: Pages 337, 566-575.]
argued so forcibly against this view that in at least one
State a decision in which it had been taken has been formally
overruled.[Footnote: Vincent _v._ Mutual Reserve Fund Life
Association, 77 Connecticut Reports, 281, 291; 58 Atlantic
Reporter, 963.]
The Court of Appeals of New York once held in a carefully
prepared opinion that a railroad might be built along the shore
of a navigable river, under authority from the State, without
first making compensation to the riparian proprietors, whose
access to the waters might thus be obstructed.[Footnote: Gould
_v._ Hudson River Railroad Co., 6 New York Reports, 522.]
In a text-book written by Chief Justice Cooley, this decision was
justly criticised,[Footnote: Cooley on Constitutional
Limitations, 670.] and not long after the publication of that
work it was formally overruled.[Footnote: Rumsey _v._ New
York and New England Railroad Co., 133 New York Reports, 79; 30
Northeastern Reporter, 654; 15 Lawyers' Reports Annotated, 618.]
It is safe to say that its fate was largely the result of the
comments thus made by a distinguished jurist, whose only motive
could be to maintain the integrity and consistency of legal
science.
The general doctrine of the courts, which is commonly expressed
by the rule "_stare decisis_," was never better stated than
by Chief Justice Black of Pennsylvania, in these words:
When a point has been solemnly ruled by the tribunal of the
last resort, after full argument and with the assent of all the
judges, we have the highest evidence which can be procured in
favor of the unwritten law. It is sometimes said that this
adherence to precedent is slavish; that it fetters the mind of
the judge, and compels him to decide without reference to
principle. But let it be remembered that _stare decisis_
is itself a principle of great magnitude and importance....
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