tracts as might in law be made." He then considers the argument and contention of the counsel for the mortgagors that the com pany had no power to take such securities, and holds, in accordance with well-settled principles, often since applied, that the cor porations had power as incidental to the powers given in their charters to take notes and mortgages in payment for stock, and to negotiate them to raise money to build the roads. The decision was a great disappoint ment to the "farm mortgagors," and they vowed vengeance on the judges at the next election. Some considerable show was made against Judge Cole in the next elec tion, by combining the votes of farm mort gagors with some Democratic support; but the independence of the judiciary was vindi cated by a handsome majority for Judge Cole. Wisconsin had in her earlier days some, but not all, the infant diseases incident to young statehood in the West — land grant scandals, canal schemes, booms, collapses, wild-cat money, greediness to borrow but grudgingness to pay, clamor for stay-laws and laws to delay lenders from realizing on their loans, — but she has emerged from all these periods with no taint of repudiation. Her people have paid their debts. Her laws have protected property owners, and credi tors, whether her own citizens or non-resi dents; and her courts have protected all alike from repudiation or unjust taxation, and from all fraudulent devices that have come under judicial scrutiny.
system supplemented by court rules is well calculated to dispatch business and prevent the law's delay. As appeals are taken or cases come up on writs of error, they are entered upon the calendar and heard in their order, unless postponed for cause. When the time arrives, a certain number of causes are assigned for hearing, usually thirty or more. The counsel are then notified by the Clerk what causes are set down for the assignment. When the assigned causes have been argued, the court adjourns for about two weeks, announcing the next assignment. The cases heard at an assign ment arc, upon the adjournment, taken up, carefully studied by each judge, and a con sultation is then held, the causes in that assignment are then decided, and the writing of the opinions assigned to several judges. The decision of the case speedily follows the argument by this method. After the opinions are written they are read and dis cussed in consultation. In this way great care is taken to give full consideration. Appeals are thus speedily disposed of, and the lawyers coming from all parts of the State to attend court are required to be absent but a short time from home. Usually a case can be taken to the Supreme Court, and be received and remanded in less than a year from the time of the rendition of judgment below. Rehearings may be moved for within thirty days after the filing of the decision, and for that time the remittctttr is held back. The Wisconsin method is much commended for its simplicity, convenience and speediness. One imperfection has lately been partly remedied — that is, the allow THE PRACTICE OF THE COURT. ance of appeals from intermediate or inter The practice in the Supreme Court of locutory orders. The Codes allow appeals Wisconsin is practical and simple. The to be made before final judgment from State is a " Code State," and the methods many orders made below in the progress of the cause, when these affect a substantial of appeal are statutory, though the Con stitution prevents the abrogation of the writ right, or necessarily affect the judgment. of error. Starting with the New York Code The number of appeals of this class has in 1857, the methods of appeal have been been much limited by recent legislation, and changed by subsequent legislation; and the appeals on technical grounds cut off, leaving
