Page:The Wisconsin idea (IA cu31924032449252).pdf/289

 five. Two-thirds of all removals were from Milwaukee county and five other circuit jurisdictions, leaving only about thirty cases from eighteen other trial jurisdictions, including county and municipal judges, or on the average of one case every three years. From one circuit judge's jurisdiction, and those of several judges of inferior courts, there has not been a removal of a criminal case to the Supreme Court during the six years.

"A careful examination of the opinions of the Justices will show that, there were many affirmances regardless of plain errors, that being intended to be the course where it did not appear that, had the error not occurred, the result might probably have been otherwise. While it may be that a reversal occurred, now and then, on a ground which some would regard technical or inconsequential, the rule has been otherwise, and as to exceptions, if there be such, they occurred from an honest reasonable difference of opinion as to the effect of the errors on the result, or an honest reasonable belief that they were neither technical nor inconsequential.

"There will be found on the average, a fraction less than two reversals in criminal cases in each of the last twenty-two volumes of reports, containing a little less than one hundred cases of all kinds, including five criminal cases.

"In reading the foregoing, it must be remembered that the result on appeal in each case, with but few exceptions, was concurred in by all. So the proportion of opinions in cases reversed, written by any particular Justice, does not have any particular significance."

If these great judges recognize that justice must be made speedy, that ancient form must give way to modern, that the constitution is broad enough to cover all injus-