They  are  not  gods  that  we  put  up,  that  can  discard  all  previous  feel-
ing, and  for  that  reason  the  case  that  has  once  been  tried  by  a  judge
upon  the  facts  and  law,  without  a  jury,  should  not  go  back  to  the


972  REVISED  RECORD.  [Tuesday,

same  judge  to  be  tried'  over  again.  What  is  the  reason  that  we  do
not  allow  a  judge  who  has  once  had  a  case  and  tried  it  to  sit  in
judgment  in  the  Appellate  Court  upon  the  same  case?  Why,  it  is
because  he  has  formed  an  opinion  and  because  he  would  not,  per-
haps, look  at  the  case  in  the  same  manner  in  which  a  dispassionate
judge  ought  to  look  at  a  case,  and  would  look  at  it  if  he  had  not
been  employed  in  that  case.  It  is  for  this  reason,  among  others,
and  I  might  urge  a  good  many  others,  that  we  should  have  such  an
amendment.  I  know

They  struggle  against  fearful  odds,
Who  strive  against  the  people's  gods.
