Page:The Green Bag (1889–1914), Volume 24.pdf/334

 A Firm Judge BY EDWIN TARRISSE 44T NEVER sat in the trial of a case ••• in which I cared two cents which side gained it," once said a judge, boast ing of his impartiality. "Old Ben Wade" was not that sort of a judge, while administering justice in five Ohio counties. He saw at once the right of a case, and made the jury dis cern the real issue. Once when trying a case his rulings made the prosecuting attorney snarl out: "I have always understood that it was the province of the jury to decide the facts; the court has nothing to do with them." "Gentlemen," replied the unmoved judge, "the attorney for the state is correct; it is your province to decide the facts. The Court has nothing direct ly to do with them — if it had it would not take long."

The retort prompted the jury to re turn a verdict of acquittal after a few minutes' consideration. Few of Wade's rulings were reversed by the Supreme Court, but there was one notable exception. A difficult case which he had decided after much con sideration was reversed by the higher court and sent back to be tried again. At the second trial Judge Wade adhered to his former decision. "But, your Honor, the Supreme Court reversed your former judgment," exclaimed the surprised counsel. "Yes, so I have heard; I will give them a chance to get right," he quietly replied. The case was again taken to the Su preme Court, which reversed its own judgment and affirmed Wade's decision.

The Evolution of an Effective Law BY M. A. CARRINGER DISTRICT ATTORNEY, FOREST COUNTY, PENNSYLVANIA THE thinkers of the nineteenth century did not entirely succeed in their attempt to bring the study of social phenomena within the domain of strict science, yet they did establish beyond cavil the fact that the principles of universal evolution are applicable to this field as well as to the inorganic world and to lower organic forms. Society is undergoing a process of de velopment from the condition now exist

ing to a condition somewhat different and somewhat more advanced, and this development is a resultant of the action and reaction of certain social forces, working in accordance with certain principles of cause and effect the nature and character of which are not yet very clearly determined. It is upon this basis that the facts dealt with by all the social sciences are being classified and studied.