The Elk advocate. [volume] (Ridgway, Elk Co., Pa.) 186?-1868, 1866-03-29
TIIELAw OF EvIDEN CE.

IL. IaTlCy, H. IL , VIC oiO i"'O'SN w"
COPY of the House bill entitled Gan
Act relating to the law Of evidence"
which provides that hereafter, interest
in the event of any action or proceed
ing pending in any Court of Justice, |
shall not render .he person incompetent
as witress provided that no person (
charged with criminal offence shall
be competent or compellable to give :
evidence for or against himself and pre-
serving the present rule in regard to
husband and wife. With all due re-
spect to the gentlemen elected by the
people TO represent them in General
Assembly we beg leave TO state, that
in our opinion, Innovations upon the
common law are becoming altogether
too frequent The mower of the ballot
box is great, but so surely as there is no
roval road to learning" so surely the
suffrages of a majority of voters have no
power to bestnw upon a candidate an
excess of legal knowledge. 1t is hard
" to be expected that men. the majority
Of whom have never made the law an
especial study. would be able to dis
cover defects in those long settled rules
upon which the best iurists of past years
have been content to rest their cases.
without thought that the course OF
Justice was interrupted in its even flow
by those very rules that were. so we'll
known and settled. Yet it is true that
legislatures are never content to leave
we'll enough alone. but must be ever
tinkerine at the law under the spur OF
the present ideas of progress. They
never seem to think that progress may
in fact be merely retrograde movement
but so there is motion at all. whether
forwards or backwards. i. is all the same
to them The danger Of ftamppring with
those long settled rule that have become
we'll known and relied upon, is apparent
to every lawyer, and we believe that
under the present rules Of evidence. jus
tice is ordinarily quite as well served as
it would be if the amendment prevailed.
Then too the proposed amendment is
opening the door wide for and inviting
frauds and perjuries. Butt is not SO
much against this one act that our OBJ
iections are directed, as against that
rampant spirit of innovation which is
rapidly tending to unsettle all our laws
and put people all abroad as TO what
their rights. privileges and duties are
The example of ueighboring State
should be warning to or legislature
For more than fifteen years :helr law
had been unsettled, and at one time as
many different interpretations obtained
as there we're judicial districts, unit
the best and most celebrated counse
we're often at loss as to the course t.
be pursued. and the legislature was com
PEELED to introduce statute to entirel.
abrogate the common law and substi
tute positive enactments, in many re
spects similar to the celebrated "Cod'
Napoleon " in its stead.
Many objections might be brough
7 against this bill in terms. but we rro
pose to confine our remarks to but ont
point, and that is the distinction mad
between civil and criminal actions. Ii
e the former, the man who sues for tn
, enforcement of right. or the recover
, of a few dollars. is to be allowed TO ties
tify on his own behalf, while the defer
D dant in the other, the man whom th
Y Judgment of the court may affect, to tn
!. extent of his property, his liberty or h
:. life must hold his peace. to be convic
Y ted perhaps upon the testimony of tn
only other party to whom the facts az
n known. Is this consouant with n
!, maxims that ga man is supposed to b
e innocent until he is proved to he guilty
c aud that "the law prefers rather that te
|. guilty should escape than one innoceI
e be punished" IT, gentlemen, we al
d to be subjected to change ; if the foul
= dations of law are to be torn up pleas
e save us from the long chrysates or ira
sition and uncertain state endured
a our neighbors of New York, and plum
IS ing at once IN n,edinS res strike bold
3. at the point which the most radio
e hopes to reach.
f. As for ourself we are by nature an
t education conservative. and we are fr'
e to confess that we prefer the law as
IF isascertained and settled than the chan
of questionable improve ment when
c, gain that improvement we NUT
S launched upon sea of change, at Il
D. will of an irresponsible majority, to er
lie counter dangers whereof we know nc
re without chart or compass. Let Il
ss "Sulky Sister" still continue to be gr
le ded bv those land marks by which {
Ia centuries she has meted out her de-
S sions and all will be we'll, but reno
n those land marks and We might as VI
Id at once set aside that other maxi
ID "ignorantia legis nemine e'rc~saf al
ur make ignorance of the law good as
lie special plea in bar C..
% % R9-The April number Of Goiey
~ Lady's Book is on our table, God
knows how to please the public, and
Would advise auy person wanting