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Updated: June 12, 2025
It exercised executive and appellate judicial functions, appointed two burgomasters, and two pensionaries or legal councillors, and also selected the lesser magistrates and officials of the city. The board of ancients or ex-senators, held their seats ex officio. The twenty-six ward-masters, appointed, two from each ward, by the Senate on nomination by the wards, formed the third estate.
The single exception is that of a State court in Wisconsin, and this has not only been reversed by the proper appellate tribunal, but has met with such universal reprobation that there can be no danger from it as a precedent. The validity of this law has been established over and over again by the Supreme Court of the United States with perfect unanimity.
Finally one of the lawyers who had been employed by the North Chicago Gas Illuminating Company to fight the machinations of De Soto Sippens and old General Van Sickle, finding that the Lake View Council had finally granted the franchise to the new company and that the Appellate Court was about to sustain it, hit upon the idea of charging conspiracy and wholesale bribery of councilmen.
On the other hand the principle that, as concerned any decree emanating merely from magistrates, the person aggrieved by it was entitled to appeal to the superior of the decreeing authority, probably obtained even now the great extension, out of which the subsequent imperial appellate jurisdiction arose; perhaps all the magistrates administering law, at least the governors of all the provinces, were regarded so far as subordinates of the ruler, that appeal to him might be lodged from any of their decrees.
In point of intention this new jurisdiction of the tribunes and the aediles, and the appellate decision of the plebeian assembly therein originating, were beyond doubt just as much bound to the laws as the jurisdiction of the consuls and quaestors and the judgment of the centuries on appeal; the legal conceptions of crime against the community and of offences against order were transferred from the community and its magistrates to the plebs and its champions.
It reaches the case, the question; it attaches the power of the national judicature to the case itself, in whatever court it may arise or exist; and in this case the Supreme Court has appellate jurisdiction over all courts whatever. No language could provide with more effect and precision than is here done, for subjecting constitutional questions to the ultimate decision of the Supreme Court.
Some of the newspapers had changed by almost imperceptible degrees, were veering toward the cause of the defense. Then, like a thunderbolt, in January, 1908, came news that the Appellate Court had set aside the conviction of Ruef and Schmitz. Technical errors were assigned as the cause of this decision. The people gasped. But some of the newspapers defended the Appellate Judges' decree.
Had they gone together to New York, and had been compelled to follow their cases through the highest courts as well as the lowest, or had confined themselves to appellate tribunals, they would in their daily efforts have reared a legal reputation coextensive with the Union, and, perhaps, more durable.
From this course of action has risen the erroneous opinion of some persons, that the jurisdiction of the Grand Lodge is only appellate in its character. Such is not the case. The Grand Lodge possesses an original jurisdiction over all causes occurring within its limits. It is only for expediency that it remits the examination of the merits of any case to a subordinate lodge as a quasi committee.
These matters took a month or two to decide. Then came motions for a change of venue, appeals from the decisions against us to the Appellate Division, and other technical delays; so that four months passed before, at last, we were forced to go to trial. By this time my health had suffered; and when I looked at myself in the glass I was shocked to find how gaunt and hollow-cheeked I had grown.
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