156 HISTORY OF THE GRANGE MOVEMENT; OR, 



fancied, that any judge is about, either wilfully or 

 innocently, to do a wrong, can palliate, much less 

 justify it.'* Neither did Judge Sutherland state, as 

 he might have stated, that this admirable expression of 

 the sentiments of the full bench was written and de- 

 livered by Judge Albert Cardozo. Probably also Judge 

 Cardozo and all his brother judges, rural and urban, as 

 they used these bow-strings of the law, right and left, 

 as their reckless orders and injunctions struck deep 

 into business circles far beyond the limits of their 

 State, as they degraded themselves in degrading their 

 order, and made the ermine of supreme justice scarcely 

 more imposing than the motley of the clown, these 

 magistrates may have thought that they had developed 

 at least a novel, if not a respectable, mode of con- 

 ducting litigation. They had not done even this. 

 They had simply, so far as in them lay, turned back 

 the wheels of progress and reduced the America of the 

 nineteenth century to the level of the France of the 

 sixteenth. l The advocates and judges of our times 

 find bias enough in all causes to accommodate them to 



what they themselves think fit What one 



court has determined one way another determines 

 quite contrary, and itself contrary to that at another 

 time ; of which we see very frequent examples, owing 

 to that practice admitted among us, and which is a 

 marvellous blemish to the ceremonious authority and 

 lustre of our justice, of not abiding by one sentence, 

 but running from judge to judge, and court to court, 

 to decide one and the same cause.' -\ 



" It was now very clear that Receiver Davies might 



* Schell v. Erie Railway Co., 51 Barbour's S. C. 373, 374. 

 t Montaigne's Works, vol. ii. p. 316. 



