|
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21 |
and the pursuit of happiness. Pursuit of happiness means
either equal chance of all people to set for themselves
qoals and to move positively toward the attainment of
those goals. A Constitution is a basic and fundamental
law of the state, and goes far beyond the question of
judicial pensions or whether or not a comptroller will,
in fact, controls.
A Constitution is an instrument of government
and as such it is a social as well as a legal document and
should provide in part at least for a promise of enlighten-
ment. It is not simply an article or an instrument for
lawyers to argue over or judges to ponder on. After
all, judicial decisions are not made in a vacuum. They
are arrived at in an atmosphere where it must by necessity
reflect the spirit and sense of the time. It was Chancellor
Kent who said the law as a science is only a collection
of general principles founded on moral law, and in the
common sense of mankind and applied to particular cases as
they arise by diligent members of the bar, and at the
erudition of the courts. I suggest that the language of Mrs. Mitchell's |