Relator

“ Due service of the rule being made the judge is required to make return to the charge contained in the rule, which he may do by denying the matters charged or by setting up new matter as an answer to the accusations of the relator, or he may elect to submit a motion to quash the rule or to demur to the accusative allegations. Matters charged in the rule and denied by the respondent must be proved by the relator, and matters alleged in avoidance of the charge made, if denied by the relator, must be proved by the respondent. ”

“ And so essential is the propriety and policy, in jurisprudence, of putting an end to further controversy after a judgment rendered, though there may be surplusage in it, that no instance can be found in our books, nor in the English reports, of a judgment set aside, in a court of review, which distinctly finds the issue between the parties, on account of other matter in it, unless upon exceptions taken to the court's ruling of the law in the case applicable to the issue. ”

“ What judge of any court, what lawyer who wished to ascertain the true doctrine of a case, would search for the private opinions of the judge when the reports bristled with adjudicated cases from which he could learn the true doctrine which he had expressed under oath and in the discharge of his duties? When you search for the opinions of our ancestors to guide us as legislators, look at their conduct as legislators, and not their private opinions. Every lawyer, every sensible man, every rational man, knows that that is the true test of the opinions of our ancestors upon a given subject. ”

“ It is for us, when questions or propositions are certified, accompanied by a proper statement of the facts on which they arise, to determine whether we will answer them as propounded, or direct the whole record to be placed before us in order to decide the matter in controversy in the same manner as if the case had been brought up by writ of error or appeal. ”

“ But the learned counsel for the defendant take a somewhat loftier flight still. They are more concerned, they assure us, for the law itself, than even for their client. Your decision in this case, they say, will stand as a precedent. Gentlemen, we hope it will. We hope it will be a precedent both of candor and intelligence, of fairness and of firmness; a precedent of good sense and honest purpose pursuing their investigation discreetly, rejecting loose generalities, exploring all the circumstances, weighing each, in search of truth, and embracing and declaring the truth when found. ”

“ When the case is submitted to the judge, to find the facts without the intervention of a jury, he acts as a referee, by consent of the parties, and no bill of exceptions will lie to his reception or rejection of testimony, nor to his judgment on the law. ”

“ They hear all that can be elicited from parties, accuser, accused, and witnesses, and all that skilled advocates can say. Then the secretary of the Court draws up a summary of the case, each judge takes it home to consider, each writes out his judgment, which is read by the secretary, none but the author knowing whose it is. ”

“ The court may provide by rule for a hearing of an oral argument by counsel before said commission: provided, that no cause shall be referred to said commissioners in which they, or any of them, are or have been interested as counsel or otherwise. Sec. 3. Every opinion shall be promptly delivered to the chief justice, who shall lay the same before the court. The court may approve or modify or reject any such opinion. ”

“ But the case was fully argued by counsel on the merits. The court, in conference, came to the conclusion (which was unanimous) indicated in this opinion; and we have concluded to let the opinion accompany the only judgment which we can render on this record. ”

“ In law, the judge and jury hold the deciding balance of power. In public opinion, the public relations counsel is judge and jury because through his pleading of a case the public is likely to accede to his opinion and judgment. Therefore, the public relations counsel must maintain an intense scrutiny of his actions, avoiding the propagation of unsocial or otherwise harmful movements or ideas. ”

“ As an advocate in the Criminal Court, as counsel in the Civil Courts, as a cross-examiner in involved Equity suits, or in reducing complicated issues, he could dive into the depths of the sea of legal lore and bring out conclusive points in favour of his clients. ”

“ The statement of facts agreed upon by the counsel of the parties has abridged our labor in this case. We shall confine our remarks to the points, which, in our judgment, require consideration, referring to the facts only so far as is necessary for the elucidation of our views. ”

“ When the case is ripe for decision, and the arguments of counsel are at an end, a brief conference with his colleague satisfies his conscience, and he is prepared to sign his name in concurrence to the decision more or less elaborate which his colleague is ready to compose. The hours during which the High Court sits are not very long or exhausting. ”

“ The magnitude of the task involved in a judicial review which requires a determination by the Court, in its independent judgment, of the correctness of the findings of fact as to value and income which the Secretary made, cannot be measured by looking alone at the volume of the evidence. ”

“ We have no wish to be disrespectful to the Commission, and it is far from our intention to pronounce judgment on a case which is sub judice, though who can help sundry exclamations when the chief witness on one side bolts, leaving no trace but a few more lies and counter lies? ”

“ That we might have all the aid which could be had from discussion of counsel, the court ordered a reargument of the case on three distinct questions which it propounded, and invited argument, both oral and written, from any counsel interested in them. This reargument was had, and the court was fortunate in obtaining the assistance of very eminent and very able jurists. The importance of the proposition under discussion justified us in delaying a decision until the present term, giving the judges the benefit of ample time for its most mature examination. ”

“ Is the value to be expressed, which the judge attaches to any other article of evidence? If inferior to the standard, it falls below it by so many degrees, one, two, three, four: If superior, it rises above it by so many.
Having provided an accurate language, the legislature should take security that it be used; and admit of no vague and general expressions in the account of the value which the judge attaches to each article of the evidence on which he grounds his decision. ”

“ Without stopping, however, to review the subjects in detail, we content ourselves with saying that we think neither the reference to expressions in debate, upon the concession for the sake of argument that they are competent to be looked at, nor an opinion of the Attorney General upon which reliance is placed, are adequate to control or modify the conclusion we have reached as to the meaning of the provision. ”

“ When a group of facts come before an English Court for adjudication, the whole course of the discussion between the judge and the advocate assumes that no question is, or can be, raised which will call for the application of any principles but old ones, or any distinctions but such as have long since been allowed. ”

“ Though the hope of deciding causes to the mutual satisfaction of parties would be chimerical, that of convincing them that the case has been fully and fairly considered, that due attention has been given to the arguments of counsel, and that the best judgment of the court has been exercised on the case, may be sometimes indulged. ”

“ When the subject of discussion in a civil matter involves the examination of accounts, or by the absence of witnesses out of the kingdom, or by other reasons it happens that the Assizes cannot render justice, then the cause may be either commenced in the Court of the Pretor, or be brought there, and appeal shall be had from the Pretor to the Chancellor, and from the Chancellor to the Senate, whether upon the facts or upon the judgments rendered, as well upon the principle as upon the form, the whole in the manner which the legislature shall determine upon. ”

“ Upon the argument in this Court, various important questions have been elaborately discussed by counsel, upon which we forbear to express any opinion, as our judgment of reversal proceeds upon a ground, which renders any decision on them unnecessary. ”

“ It has been idly said, That a Reviewer acts in a judicial capacity, and that his conduct should be regulated by the same rules by which the Judge of a Civil Court is governed: that he should rid himself of every bias; be patient, cautious, sedate, and rigidly impartial; that he should not seek to shew off himself, and should check every disposition to enter into the case as a partizan. ”

“ What would a penetrating Lawyer think of the cause of his opponent, on finding him to insist upon his arranging his objections, and expressing his arguments just so that it might be most easy to him to reply to them? ”

“ I mean, I personally as a lawyer and trained as a lawyer, think that the facts should be brought out, and I think that the things that have motivated people in their testimony, whether it’s before the Commission or otherwise, certainly is worthwhile. ”

“ By the settled construction of the acts of congress defining the appellate jurisdiction of this court, either a statement of facts by the parties, or a finding of facts by the circuit court, is strictly analogous to a special verdict, and must state the ultimate facts of the case, presenting questions of law only, and not be a recital of evidence or of circumstances which may tend to prove the ultimate facts, or from which they may be inferred. ”

“ After the counsel had argued the case upon the propositions of the law raised by the exceptions, counsel for the appellant, in support of its motions and exceptions, offered to read to the court the said testimony, but the court declined to hear the same or consider it at the time in full, counsel saying that it would be his purpose to consider the same if the court found, after consideration, the propositions of the law were against the appellant. ”

“ If we could import into the findings of the court the facts stated in its opinion and in the brief of appellant's counsel, this case would be presented for our consideration with much greater completeness than at present. ”

“ Now that a judgment in a suit between two parties is conclusive in any other suit between them, or their privies, of every matter that was decided therein, and that was essential to the decision made, is a doctrine too familiar to need citation of authorities in its support. ”

“ The duty of this court, as of every other judicial tribunal, is to decide actual controversies by a judgment which can be carried into effect, and not to give opinions upon moot questions or abstract propositions, or to declare principles or rules of law which cannot affect the matter in issue in the case before it. ”

“ The office and object of a certificate of division of opinion are to bring to this court for determination a question of law upon which the opinions of two judges, competent to take part in the judgment of the Circuit Court, are opposed to each other. ”

“ Treating the findings of fact and conclusions of law of the referee, and the action of th co urt in passing upon the exceptions to the referee's report and findings, as adopting the referee's conclusions, and to be considered either as a special verdict or as findings of fact and conclusions of law by the court, the same having been duly excepted to, the question arises whether the judgment rendered is justified by those findings. ”

“ The head-men sit in judgment, and substantial justice is generally done. There are persons, celebrated for their power and copiousness of talking, who appear as counsel in behalf of the respective parties. The more distinguished of these advocates are sometimes sent for, from a distance of two or three hundred miles, to speak at a palaver ”

“ To obtain a review by an appellate court of the conclusions of law a party must either obtain from the trial court special findings which raise the legal propositions, or present the propositions of law to the court and obtain a ruling on them. ”

“ Where pure factual considerations are an important ingredient, which is true in the usual case, appellate review in this Court is, as a practical matter, an inadequate substitute for a full and reliable determination of the voluntariness issue in the trial court and the trial court's determination, pro tanto, takes on an increasing finality. ”

“ Surely one of the principals in this transaction, under these circumstances, was competent to testify as to the purpose for which the drafts were delivered to English. If the declarations of a man when doing an act may be proved in his own behalf to show the purpose and intent with which it was done, as numerous authorities show, [5] it must be competent for a party to the transaction, cognizant of all the circumstances, and a witness of the act, to state its purpose, being subject, of course, to cross-examination. ”

“ They indisputably require eloquent advocates and keen attorneys;—who expound, complicate, unriddle, or confuse, the respective statutes, points, precedents, and practice, of that simple science, which too frequently, like a burning-glass, consumes both sides of what it shines upon. ”

“ These papers are, the opinion of one of the judges, which is supposed to have been delivered and filed as the opinion of the Court that decided the cause; and some proceedings which took place in the same Court after the record had been removed into this Court by writ of error.
1. Is the opinion a part of the record?
As a general proposition, every gentleman of the profession will, without hesitation, answer this question in the negative. ”

“ Due process, in other words, requires that he be present with counsel, have an opportunity to be heard, be confronted with witnesses against him, have the right to cross-examine, and to offer evidence of his own. ”