Page:The Green Bag (1889–1914), Volume 09.pdf/250

 The Supreme Court of Wisconsin. the error, if substantial, to be reviewed on appeal from final judgment. Wisconsin being one of the earlier States that adopted the New York Code of proce dure, somewhat simplified, the Wisconsin decisions in settling the practice under the Code have taken high rank as authority. On many other questions, the Wisconsin reports are among those most generally and approvingly cited. In the later text-books it is observable that Wisconsin cases are much cited and discussed, and are constantly growing, it may truly be said, in the esteem of the legal profession. In the very charming book lately pub lished, " The Laws and Jurisprudence of England and America," by Judge John F. Dillon, he says that " the character of many of our American reports has deteriorated from several causes." These causes he specifics to be a too eager desire on the part of judges to clear their overcrowded dockets, and that " they begrudge the time necessary for full argument at the bar." "They prefer to receive briefs. As a result, two practices have grown up too generally, throughout the country, which have, as I think, done more to impair the value of judicial judgments and opinions than per haps all other causes combined." These practices are : — 1. " That the submission of causes upon printed briefs is favored, and oral arguments at the bar are discouraged, and the time allowed therefor is usually inadequate." 2. " The practice of assigning the record of causes submitted in printed arguments to one of the judges to look into and write an opinion, without a previous examination of the record and arguments by the judges in consultation." These criticisms do not apply to the court which is the subject of this imperfect sketch. Though confronted with a crowded calendar at the opening of each term, our judges do not "encourage the substitution of printer's ink for face-to-face argument,"

221

but allow the. causes to be " pounded and hammered at the bar." The judges listen patiently to arguments sometimes wide of the point, and failing altogether to illumine what is dark. They resort to every pre caution used by the Supreme Court of the United States to secure the fullest considera tion except one, that is, the custom of the judges of the latter court to send their opin ions to each other for solitary perusal and criticism, before consideration in final con sultation. The Supreme Court of Wisconsin of five must decide and write opinions in eight cases, where the great court of the nation, of nine judges, decides three; and though the cases may be less important, many of them are not less difficult. SALARIES OF JUDGES.

The salaries of the judges of the Supreme Court, under the law creating the threejudge separate court, were fixed at two thousand dollars per year. In 1857 they were raised to two thousand five hundred dollars for the judges thereafter elected. At this figure they continued during the war with its depreciated money and nominal rise in prices — actual to men who lived on salary. In 1867 the salaries were lifted to three thousand five hundred dollars; in 1868, to four thousand dollars, and, in 1873, to five thousand dollars, at which sum they are likely to remain. The average voter is not an expert on the value of judicial ser vice. TERMS OF COURT.

By the statutes of 1849, adopted soon after admission into the Union, the court was to hold two terms or sessions yearly — one called the January and one the June term — at the Supreme Court rooms in the city of Madison. Later laws have changed the June term to August, and in point of fact it begins in September. In 1868, the legisla ture was strongly pressed to remove the State capital to Milwaukee. As a sort of