Page:The Green Bag (1889–1914), Volume 04.pdf/493

 460

judges, and the constitutional provisions as ness and accuracy which indicate thought to tenure of office, and independence of the and a thorough knowledge of the race-track; other departments of the government, as and there are many similar cases: Mcabove noted), was established. The bill Kensie v. Ashe, 2 N. C. 578; Hunter v. was introduced by Hon. William Gaston, Parker, 3 N. C. 373, and others. In State who many years after became one of the v. Knight, 1 N. C. (Taylor, 44), Judge Tay most illustrious members of the court he lor lays down a principle which has just had contributed to create. been reaffirmed after the lapse of nearly a The salary was fixed at that date at century, in State v. Cutshall, no N. C. 538, $2,500, — a figure at which it still stands, that the legislature cannot make an extra though owing to the changes in values the territorial act punishable in this State. In present salary is not much more in fact than the same volume, in State v. Carter, occurs one third of the sum allowed by our fore one of those unaccountable decisions which fathers seventy-four years ago. The salary made the old criminal law so often a tres of the Superior Court judges, previously pass upon the common-sense of mankind. $1,600, was then fixed at $1,800. This has In that case the defendant had been consince been raised to $2,500. The legislature j victed of a deliberate and malicious homi elected John Louis Taylor, Leonard Hen cide, yet the judgment against the murderer derson, and John Hall the first judges. was arrested because in the indictment in the word " breast " the vowel a (which is Taylor and Hall were elected from the Su perior Court bench, and Henderson had unpronounced) was omitted by clerical error. Such fantastic mental phenomena have long recently resigned from it. Till the Consti tution of 1868 the tenure was for life or since become impossible, as the legislature, good behavior, and the judges were elected by repeated and very plain enactments, have by the legislature, the Chief-Justice being provided that errors and omissions. of form, chosen by his associates. Since 1868 the and not of substance, shall be disregarded, and the courts have now very long since term of office has been fixed by the Consti tution at eight years, as has been stated, abandoned such trifling with justice. In and the office of Chief-Justice is a distinct this very case it is refreshing to see that one from that of Associate Justice, though Judge Taylor dissented from the decision of there is no difference in point of emolument the court. It is also to be noted that in or functions, save that the Chief-Justice! those days an appeal lay for the State in presides. The mode of election, too, since criminal cases from a verdict of not guilty. State v. McLelland, 1 N. C. (Conf. 523), and 1868 is by the people. In event of a va cancy the Governor appoints till after the State v. Hadcock, 3 N. C. 348. This was not next general election for members of the reversed till as late as the year 1809 by the General Assembly. The new court began decision in State v. Jones, 5 N. C. 257, and work Jan. 1, 18 19, and its first decisions then upon the wording of the new statute regulating appeals. appear in the 7 N. C. Reports (3 Murph.). On p. 469 of the 3 N. C, the conscientious Among the decisions prior to the estab lishment of the new court we note that reporter saves himself from all possible re sponsibility by this remark at the end of the the court in those days made numerous ad judications upon bets on horse-races, from report of the case of Clark v. Arnold : " The which they have been relieved by the Act reporter is bound by his duty to the public to question at least one part of this decision" of 18 10 making all betting illegal. In Wil liams v. Cabarrus, 1 N. C. 19, decided in Then, after giving his reasons why the court 1793, will be found the ethics which should was in error, he courteously adds : " But let it be remembered, once for all, that I impute govern in horse-racing laid down with a ful