, 1879-01-26

| We published Friday last the announce
ment that an application had boen made
before the Appellate Court of this district
for asupersedeas in criminal case, and that
| it had been granted, and that this opened up
the question Of the jurisdiction Of that Court
in criminal cases. The Appellate Court Of this
district has affirmed its jurisdiction in this
natter, though the Appellate Court in TN
other district has decided the other way.
The Constitution Of the State, in authorizing
the Legislature to establish these Appellate
Courts, to which such appeals and writs Of
error may be prosecuted from the, Circuit
aud other Courts, added, p" And from which
appeals and writs of error shall lie to the
Supreme Court in all criminal cases, and
cases in which franchise, or freehold, or
the validity of O statute, is involved" This
secured the right of appeal to the Supreme
Court in all the criminal and the other classes
Of cases specified. The act creating the
Appellate Courts followed the Constitution,
and provided that 'AppeaIs and writs of
error shall lie from the Circuit and other
Courts directly to the Supreme Court in
all criminal cases, md in cases inyo1y
ing q franchise" eto. But the act
passed at the some session, known rs the
Practice act, reads: ''Appeals from Circuit
Courts in all criminal cases shall be taken
directly to the Supreme Court, in case the
party appealing or prosecuting such writ of
error shall SO elect, except in cases of chan
cery." Under these two laws it is held that
the right of direct appeal to the Supreme
Court is entirely optional in criminal cases,
and that the criminal appealing may exhaust
all his efforts and chances in the Appellate
Courts before going to the Supreme Court
The public have deep interest in this
question-far more than ordinarily attaches
to nero question Of court jurisdiction. The
peace Of society, the safety of life, pcrson,
and property, the maintenance Of authority,
are all dependent on the execution of the
laws provided for the punishment of crime.
The criminal classes flock largely to the
great cities, but they operate vcry
extensively in the smaller districts,
robbing peaceful ha1nlets, firing towns |
and farm-houses, and committing muir
der and other hardly less cruel and Infamous
crimes upon defenseless persons, frequently |
women and children. The value of any law |
for the punishment Of crime must be found |
in the yigor OF its execution and the Ger
taiEty that the guilty shall be punished. In /
the absence Of law and courts, then CON-
1nunities for sef-defense can organize and
cfectually protect themselves by summary
but, where the law and the
courts exist and they both fail to punish
crime, then the courts and the law actually
serve to protect the criminal classes from all
punishment, and expose society to the unre-
strained violence Of nurderers, burglars. md
assassins. The law Of this State gives 10
every person accused of crime the protection
of an Investigation by the Grand Jury, and
rial by a jury and the Court. The accused
aas practically the selection OF the triaI~jury,
md, it may be said, also the right to select
my one Of eight or nine different JUDGES
before whom he shall be tried. He has all
he legal devices to postpone and continue
lis case; and when, at last, all these things
all, the Court may in its discretion grant
lin new trial. Having, however, reached
he point of conviction and sentence. the law
# Illinois grants him the right of appeal to
he Supreme Court; and it is only after pass-
ng through al these tests that the State can
lemand the execution Of the penalties Of the
aw for convicted guilt.
The great complaint has been that the