not exactly like that of any other, and each with a written
Constitution which is its supreme law, requires a court of last
resort in each. Experience tends to show that it ought not to be
composed of less than five. There should certainly be an uneven
number to facilitate decisions by a majority; and unless a
minority consists of as many as two, its dissent is apt to carry
little weight in public opinion.

In most of the States the court of last resort is not overworked.
In some the judges find time to do considerable circuit duty in
the trial of original causes. This keeps them in touch with the
daily life of the community, and is so far good. On the other
hand it disqualifies them from sitting on an appeal from their
own decisions, and so either reduces the number of the appellate
court occasionally below that which is normal and presumably
necessary, or involves calling in some one to act temporarily,
which imperils the continuity of thought and uniformity of
doctrine which should characterize every such tribunal. There is
also a certain natural bias, insensible perhaps to themselves,
which tends to make appellate courts stand by one of their
members whose rulings while holding a trial court are brought in
question. For these reasons it has now become common for the
States to confine their appellate judges exclusively to appellate
work. The time, therefore, which the English judge gives to
circuit duty the American judge can give to writing out his
opinions with all the art and care which he can command.

He speaks in most instances to a small audience--the bar alone.
But it is the bar of this year and the next year and the next
century. Every volume of reports is part of the history of