The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-02-11
.LernI INNOVATIONS /"

A communication in the HERALD OF the
9Th. in CONNECTION with other events, seems
TO invite discussion, aud the consideration OF
the people to eertSin measures proposed by
members Of the sitting legislature OF this
state, and the ctuies that gave rise to them,
and as you have opened your columns to the
Fort Griffin Lawyer, hope you will furlher
extend the courtesy. TITS not so much my
purpose to answer "a Lawyer" AS to give
expression to my own views in the premises
for it seems doubtful whether your cores
pendent would make point against the law,
or the lawyers, or both.
"a LAWYER it seems, favors "Senstof Ho-
mans BILL" for the reason that ils supposed
tendency ia " simplify the law, sod 6ringlt
within the comprehension ami PrscVce OF
the whole community, or, in other Toros, 10
make "every msn his own lawyer and de
nude the LAWYERS Of their verbal unsels,"
etc Now | apprehend that The profession
neods no defence at the hands of any one,
from such tWadde, before an intelligent
community, inasmuch rs the profession mas
stood the test of ali ages, and of every
svstem of laws that has ever OBJ
tsinet, and is is feet that the higher the
srade Of intellirencg in the masses The
better defined becomes the legitimate posi-
t;en ~ ,hat profession. and the more readily
is it, high and honorable standing reccg-
nized. hut # is no less fsot ,hsv it has be-
como popular with some people 20 abuse the
profession, and lsy at It's door the action of
every nelil iury ia the country in gcaui.tng
soma 6ne whom public onigion sael- 10 con
yict and f. ia fo thia view If ina case that
v,onld addrass INV ohserva,io.g and attempt
to exnl.io sas csi,sa and 50 srest the remedy
In iba 6f.b plscs | MAINTAIN that the evil Is
NOT IN he f.und in the lsw and | protest
aoainet sucb u wholesale reyolutios rs these
e4d lindrad n,eestiros contaulnlatp Reyolu-
tiona In whatever asnect thew are accom-
nTghed evidenco a aisordered pubtie opin-
ION ami ure dsnrarnuslv ansrchicsl in their
tendencv and psSecisllv il tho eompleto rev.
olu,ion of established precedent contem-
nlgted in the nm indicated. TO be DEPRECATED
Indeed The wisdom of our present ystem
of criminal procedure. in c0mpari-on wi h
the conn, IN law. admits of very grsve oues.
lion nnon tberor. Of many Of those laSVars
VIII bsve erent mana thai ni,yo vears, in
tba irvs.Iiration of Tho nr;nc;nIns If
nd @ nv
nan, sstas,dal with ou .,;ts usalass tecbr;.
ceIilies and strsnr,o e,,d mystic vrrhissan iba
So. ,.I,,,,o,a III Lcttar' als,to6 q, ,,,;,,ar
sal SAL, snn;cl tio lion tb.n tbs Gods prsctiee Ana
Il ,l,,ld .ao,,, ~ ,,. c,,5, b,'s 80 ,ro,
icno1S elTeody IL natinC, inrooi, nnnT tbis
old trie5 srd coIoriatc sysiar Of l,Vgs u,bar,
y1o cs,, i15iot no. f;r tha Nh cri,o, of
,nI,r5or In Inc co,,,ts of tbis ststo onJ
IaC,s1iv o,rviof hin, nd. via i, 5;o,,os,, ~
5ironlo osse,,it .r,d Lotter Irroe e,i,,,no, i,
tb MI fs,el or inJiSt hin, f,r fbort 5,1
convict him of any frsn5nlont aconjsi,1 ,''r' f
ners,nal orono,fv ybe,ey,sr and h ,,tss;,a,
would nblarys hat avon tbis :, F in ,,tn
indgnoan, an assault man tho ,i.,bts and
iiheptv 81 tho fiii5an boi,iie IN the snirit az
least IF Cha constitutional .uarantv aIha} in
oIl cri inoI friaIs Tho occr2ed shall hsva tbn
riobt 10 demon1 mo yotnra s,,d o,usa'nF ~
aecusatian oa,irst him and IN have a cor,,
thereof. Ara no ner.on shsu h. lola ~
snswar any crirninlJ ofFonea IF,l,nvl n1loss
on indictment bv 81 Grand inryH | 6elieva 10
adont the nton0,sd anrs,.ajontap TacderinS
the simula ALIENATION that "a aid stasi a
mule" rood and sufficient indictment
would be IN do violence. not only
10 long established precedent. reouirino that
the substantial elements OF The scous.tion
shall he slledped Int es VII to the constih,-
lion itself. Bnt has It snvtbinD to commend
~ Unon the other hand he intficiant
county attorney. thonrh he migdt he AHA n
draft y GOOD bill would neces,sriIv fail in his
nr,oe in the heat of trial. for this system
nor indeed spv rational system. cannot dis.
pense with the proof of ali ibe elemertq of
an offense before thew can ask CONVICTION,
and the result would be 10 "kll the patient
with an overdose of kindness"
No. tho remedy does not lie in this direo-
ton, but it ia TO be sought elsewhere. Tho
state, if sne would enforce her laws. must
empjoy attorneys who have the exnerience
and ability TO draft an indictment and sustain
a prosecution, talent equal to that aree.sihla
to the defendant, acd pay them for their
services, and this will solve the whole oues.
t1a l Il much mora rational and practical
,at .bsn pv entering in advance standing
5000 Jfr her attorney and gcceptior The
SERVICES If these 1.-TWO year"sWedllinrs. But
the cause Of this agitation, to some extent.
lies in perverted and diseased public opin.
ion, resulting from tho acdlittal Of a few men.
who, perhaps, ought TO have been punished
for their deeds, and is very neatly allied 10
mobocracy in character, and in their frenzied
clanor for adequate punishment, like the
mob, they sra inclined to oyerstep Inc bounds
of Treason. aad rget or ignore The sacred
boon Of constitutional liberty, ard liberal
trial in due course of law. Again the remedy
is to be- sought rot only in educ ling vour