Criminals -- Fiction; Social problems -- Fiction; United States -- Social conditions -- 1865-1918 -- Fiction
During Ford’s argument Sharlow had been thinking the matter over. He
knew, of course, that the same combination of circumstances is never
repeated, that there could be no other case in the world just like this,
but that there were hundreds which resembled it, and that Ford and
Marriott would ransack the law libraries to find these cases, explain
them to him, differentiate them, and show how they resembled or did not
resemble the case at bar. And, further, he knew that before he could
decide the question Ford had raised he would have to stop and think what
the common law of England had been on the subject, then whether that law
had been changed by statute, then whether the statute had been changed,
and, if it was still on the statute books, whether it could be said to
be contrary to the Constitution of the United States or of the State.
Then he would have to see what the courts had said about the subject,
and, if more than one court had spoken, whether their opinions were in
accord or at variance with each other. Besides this he would have to
find out what the courts of other states had said on similar subjects
and whether they had reversed themselves; that is, said at one time
something contrary to what they had said at another. If he could not
reconcile these decisions he would have to render a decision himself,
which he did not like to do, for there was always the danger that some
case among the thousands reported had been overlooked by him, or by Ford
or Marriott, and that the courts which would review his decision, in the
years that would be devoted to the search, might discover that other
case and declare that he had not decided the question properly. And
even if the courts had decided this question, it might be discovered
that the question was not, after all, the exact question involved in
this case, or was not the exact question the courts had meant to decide.
It would not do for Sharlow to decide this case according to the simple
rule of right and wrong, which he could have found by looking into his
own heart; that would not be lawful; he must decide it according to what
had been said by other judges, most of whom were dead. Though if
Sharlow did decide, his decision would become law for other judges to be
guided by, until some judge in the future gave a different opinion.
Considering all this, Sharlow determined to postpone his decision as
long as possible, and told Ford that he would not then listen to his
authorities, but would hear what Marriott had to say.
Public-domain text, read in full here on John Shaqi.
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