Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1879-07-22
pRoMPrLAw VS.. LYNCH LAW.

tue lack oAIeidhSC o"ANNe
Of the people in the machinery OF the
Courts to mete out prompt and certain
punishment to the offenders against so-
ciety and its laws. Judge LYNCH seems
10 have assumed both original and APP
pellate jurisdiction over a considerable
part of the territory OF the State.
1t is true that some of these out
breaks have been provoked by crimes
SO diabolical in their nature that even
discreet and law-abiding citizens have
been carried away by their passions,
and in their thirst for vengeance have
forgotten for the time the homage which
they habitually yield TO civil authority.
This will, doubtless, occur under the
best regulated government that human
ingenuity could devise, and where con-
fidence in the administration OF justice
was complete and universal.
But what we wish 10 enforce is the
fact that in proportion as we make the
administration of law prompt and GER
tain, will the number of these violent
outbreaks be diminished, for in the
same proportion will public confidence
be established in the machinery OF the
laws, and the necessity or excuse Tor
summary action by the populace be re-
moved. Ii is maniiestly the slow, tedi-
Gus. tortuous aud capricious issue OF the
civil trial that is at the root OF the mat
ter.
lit is known and believed by the
community that the criminal will be
tried speedily, convicted surely and
punished without fail, there will grow
up, not only a wholesome respect Tor,
bnt also a wholesome fear Of, the law.
Ii will not only furnish Il rebuketo pop
ular violence, but will deter the COM
mission of crime, Tor every wrong doer
counts the probable cost OF his intended
crime. 1t is the certainty and swiitness
of punishment that acts as deterring
force, and leaves also me lnhuence OF
the lesson upon the public mind.
OF course the accused has the right to,
and should be secure in all the advan-
tages of fair and impartial trial, but
the law should be framed 10 expedite
the final result, if we accept the princl-
pie that the most important effect Of
punishment is the prevention OF crime.
While ali passion and prejudice should
DE carefully excluded from any agency
or influence in determining verdict,
Vet there is no reason why 4 crime
should grow cold, Its punishment be post
poned. and its lesson in a great measure
lost. in the tcdium of lcsaltechnicalities.
While we are considering measures
for the improvement OF our Judiciary
system, it is unfortunate that the de
partment Of criminal Jurisprudence has
been left untouched, and even the
greatest need of the whole subject, that
of expeditiug the business Of our courts,
has been passed by rs 4 secon-
dairy consideration. We fear that
there is too much truth i'm what
Mr.. WALKER says in the inter-
view published in the REGISTER to-day,
that "many OF the people care very lit
tie about cxpediting law suits, &c, and
think and care much less, apparently,
OF the importance ola prompt execution
of the criminal laws.
\ bill on the subject OF eXpcditing the
procecJiegS in criminal cases is now be
fore the Georgia Legislature, which is
worthy OF careful attention in all parts
OF the country. The bill is founded
upon the assumption that crime is meas
urably prevented by the assurance OF its
speedy punishment; and it has been
prompted, in part, by the recent assas-
siuation of Col. Il. \. ASTON.
The first provision OF the bill is to
give To- cases OF homicide precedence in
all the Superior Courts OF Georgia over
every other business, whether civil or
criminal. Zach person against whom
an Indictment Tor homicide OF whatever
grade shall be found must be tried at
the term of the Court in which the in
d.ctmgnt has been drawn. Postpone
mcnts Tor any cause are carefully CLASH
fled and are limited in time to thirty
days each. Where "miStrial' occurs
the case is not TO go over to the next
term, but is to be retired forthwith.
DELAYS arising from appeals or writs Of
error are likewise closely provided Tor,
ami the time which an accused person
can gain by resorting oSuch eXpedients
is reduced 10 a minimum.
The main question suggested by this
law reform i'm Georgia is rs to whether
il cannot be effected with good results
elsewhere. The whole country has
been passing through a dismal epoch Of
crime. Nearly everywhere too much
time tldpSCS between inc tplillulS>t'u
and the penalty Of tranSsrcsSion. This
law reduces it to the narrowcst limits
consistent with the rights OF the accused
AMI the public. In making justice swift
every conceivable pains should be taken
To make il sure and that the innocent
should be spared, but Unjust convictions
are remarkably rare. The Georgia law
is an example 10 be copied.
AuuNc the Pennsylvania Grcenhack-
erS who will make canvass in Ohio
Ur-jug their party 20 support zen.
EVING are :. +. Mason, late candidate
for Governor, HENRY CAREY BAIRD,
u,r,iuqf.l at Alfnoup for State Tr,a~-