Liberia ^ 



examine the matter in dispute, upon the record only ; they shall 

 receive no additional evidence, and they shall reverse no judgment 

 for any default of form, or for any matter to which the attention 

 of the Court below shall not appear to have been called either by 

 some bill of exceptions or other part of the record." 



Of course in the end the mandamus was obeyed and the 

 exceptions noted, but the erroneous impression remained. The 

 right of the judges of the Supreme Court to supervise the 

 procedure of the subordinate Courts rests j^ecurely on both 

 Constitution and statute law. 



With respect to the second exception, that the judgment of 

 the Supreme Court was a perversion of justice, the German 

 authorities have so far presented no evidence. Indeed the discussion 

 would seein to indicate a charge of erroneous judgment rather than 

 of intentional unfairness. The Government of Liberia took the 

 ground that the defendants having gone into court it must be 

 presumed that they went there to have some wrong corrected or 

 injustice redressed. They were therefore bound to prove their 

 allegations. If they did not do so, no blame can be attached 

 to the Supreme Court. They were quite at liberty, too, to renew 

 their case, which ought not to be made the subject of diplomatic 

 action until the point in dispute had been legally and fully 

 adjudicated. 



It has been finally agreed that the question whether there was 

 intentional unfairness in the trial be settled by an arbitrator whose 

 decision shall be final. 



This case attracted locally a great deal of attention and elicited 

 much passionate discussion. It would perhaps be a wise innovation 

 if the judges of the Supreme Court would sometimes reserve their 

 opinions until the passion of suitors, counsellors, and supporters had 

 had time to subside. We are pleased to see the Courts of Justice 

 dispatch business promptly and without delay ; but with regard 

 to the Supreme Court, the Bar and thinking citizens generally would 

 be glad to see just a little less hurry — more time given to cases 

 argued before it. It is due to the country that the Court place 

 itself above just criticism, and it can only do this by keeping reso- 

 lutely apart from the passions of the arena, and by its calm, careful, 

 well-digested, and matured opinions on the many important cases 

 submitted for its decision. I am impressed, after twenty years 



33° 



