he quotes the previous decision with all the gravity
that he would give to an exposition of the law itself;
if not, he either ignores it altogether, shows that
it is not applicable to the case under consideration
(which, as the circumstances are never exactly the
same, he can always do), or substitutes a contradictory
lantrag and fortifies himself with that.
There is a precedent for any decision that a judge
may wish to make, but sometimes he is too indolent
to search it out and cite it. Frequently, when
the letter and intent of the law under which an action
is brought are plainly hostile to the decision which
it pleases him to render, the judge finds it easier
to look up an older law, with which it is compatible,
and which the later one, he says, does not repeal,
and to base his decision on that; and there is a law
for everything, just as there is a precedent.
Failing to find, or not caring to look for, either
precedent or statute to sustain him, he can readily
show that any other decision than the one he has in
will would be
tokoli impelly; that is to say,
contrary to public morals, and this, too, is considered
a legitimate consideration, though on another occasion
he may say, with public assent and approval, that
it is his duty, not to make the law conform to justice,
but to expound and enforce it as he finds it.
In short, such is the confusion of the law and the
public conscience that the courts of Tortirra do whatever
they please, subject only to overruling by higher
courts in the exercise of
their pleasure; for
great as is the number of minor and major tribunals,
a case originating in the lowest is never really settled
until it has gone through all the intermediate ones
and been passed upon by the highest, to which it might
just as well have been submitted at first. The
evils of this astonishing system could not be even
baldly catalogued in a lifetime. They are infinite
in number and prodigious in magnitude. To the
trained intelligence of the American observer it is
incomprehensible how any, even the most barbarous,
nation can endure them.
An important function of the Great Court and the Minor
Great Court is passing upon the validity of all laws
enacted by the Supreme Council and the Subordinate
Councils, respectively. The nation as a whole,
as well as each separate island, has a fundamental
law called the Trogodal, or, as we should say,
the Constitution; and no law whatever that may be passed
by the Council is final and determinate until the
appropriate court has declared that it conforms to
the Trogodal. Nevertheless every law is put in
force the moment it is perfected and before it is submitted
to the court. Indeed, not one in a thousand ever
is submitted at all, that depending upon the possibility
of some individual objecting to its action upon his
personal interests, which few, indeed, can afford to
do. It not infrequently occurs that some law
which has for years been rigorously enforced, even