Page:The Green Bag (1889–1914), Volume 07.pdf/140

A Sketch of the Supreme Court of Ohio.

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As an infant learns its A B C's, so was it Wright, in his preface to his reports, says necessary that the infant state authorita upon this subject: — tively settle the elementary questions for "The duties imposed upon this court are itself. And so could vc proceed, referring so great as to make relief necessary, for it to many questions of like character show ing would be difficult to find men of sufficient the great scope of questions which the early physical ability to perform the labor. These judges had to adjudge in the formulation of judges," he says, " now hold court in sev the jurisprudence .of the state. It is but enty-two counties each year, requiring

natural that the ques twenty-two hundred tion raised in the last and fifty miles' trav above - mentioned el." case should have They who still re been made when we main to tell us of reflect for a moment those days are nowthat the judges a few in number, and lawyers of those days unfortunately the were compelled to pages upon the an travel upon horse nals of history fail to back for days in go enlighten us. The ing from court to meagre incidents and court, when the dis anecdotes found in tances seemed very the biographies of great, in,the then un the early judges are developed state, — the only traces left. greater indeed than Fourth Epoch : in Blackstone's coun Constitution of 18 5 1 . try; for 411 the pres In its forty-ninth ent age of railroads, year as a state, the telegraphs, and tele necessities of its in phones, it is impossi habitants demanded ble to realize dis a change in the judi tances, as before cial system. Conse these means of travel quently, the Consti and communication tution of 1851 was JOHN MCLEAN. were established. adopted by a vote When we reflect, therefore, upon the of the people, on the third Tuesday of June, questions which the early judges had to 1851, which took effect September 1st, 1851 . The new Constitution did not create a newencounter, without the aid of the books as now (for instead of being able to touch the state. It only altered, in some respects, the button and have any law-book in existence fundamental law of a State already in exist laid on their desk in a moment, they had to ence, and this was done pursuant to the old travel miles to see and examine them), and Constitution of 1802, under the provisions of when we consider the fact that they had to which the convention was called, and the travel from county to county, spending as new Constitution framed. It followed, there much time in the saddle as on the bench, fore, that all laws in force when the Constitu we may have a slight conception of the tion of 1851 took effect, which were not labors by them performed. Judge John O. in conflict or inconsistent with it, remained