Page:Borden v. State ex rel. Robinson.pdf/54

572, if oppressive, to another department of the government.

When I came on the bench there had already been made several decisions on this important subject, dating back to an early period after the organization of the court. They were not in accordance with the opinions of the court, at least of several of its members, in every particular, but in view of their importance it was thought best to let them stand until upon full and deliberate consideration they should be settled upon more satisfactory grounds.

I am aware that the subject has received the most careful and laborious examination by my associates on the bench, but as it has been my misfortune to differ with them upon several important points, the law imposed upon me the duty of presenting the reasons which have influenced my opinion. Having done so it only remains for me to add that I hold the record offered in evidence void and incompetent in evidence, for the reason that it was made without notice to the defendant Woodruff or any appearance on his part, or any facts from which such notice might reasonably have been inferred.