forced upon him is perhaps the most difficult in all the law, most liable to error, most requiring of aid from every source. In the Knoxville case,[1] it is expressly termed "a delicate and dangerous function"; and if the International Harvester case[2] be understood, where a continuing business is involved, its performance is beyond the powers of the human mind. And, yet, it is just in this case alone that every citizen of the United States is to be forced to judge under the fear of ruin, fine and imprisonment. Can that be a possibility under the laws of any highly civilized people, protected by the Constitution?
As is illustrated by the latest application of the underlying principle in the able opinions of Justices McReynolds and Brandeis in the recent cases of Oklahoma vs. Love;[3] and Ohio vs. Ben Avon Borough,[4] where it was so clearly held that, in such cases, men cannot be punished for forced exercise of their judgments, unless and until they have a further and full opportunity of guidance from independent and trained jurists, and acted in defiance of it!
The riddle of the wrong construction of the Lever Act is solved, when it is once clearly understood that its real connection is that millions of men are to be forced to judge at the penalty for failure to do so of a nullification of their constitutional "right of pursuit"; and that, having been thus forced, the whole power of the United States is to be used to persuade twelve
