Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-10-27
DECENTRALIZATIO OF THE JC-
DICIAL POWER.

The subject of the decentralization of
the legislative power has employed many
of the ablest thinkers here and abroad, and
and has for its advocates almost all lovers
of liberty. 1t is generally conceded that
Capitalization is the patent OR latent enc
my of freedom. The failure of the first
French republic is mainly ascribed to the
fact that the untrammeled power of the
Bourbons was transferred with a mere
change of name to committees of safety
and military chiefs.
A country like France to-day, with an
enormous standing army, tbs bone and
sinews of Capitalization, though called a
republic, may at any time by the change
of word become a perfectly equipped
despotism.
Though SO much has been urged in favor
of decentralization of the law-making
power it is singular how rarely similar
course has been urged in the case of the
judicial power.
Even in our own country, where the
state, county ond town lines have such vi
tality, this is as true as of England. Our
writer's upon the subject have almost with
out exception pressed for greater concen-
tration of judicial power. Many of our
ablest jurists have gone so far as to advise
the overthrow of that great bulwark. the
trial by jury.
The reasons of this anomaly are mainly
two. The science of law is so intricate
and difficult that most laymen
lack the courage to ap-
proach it. They fear the ridicule
to which their unfamiliar speech will sub
ject them. The subject is therefore main
ly left to the pens and tongues of profess
sional lawyers. Now, strange as it may
as lawyers. The science of law is so ex-
acting that its masters have no time for
anything else. They become incompetent
to see the relations which law bears to So
ciology and its other kindred sciences.
Besides which all their pecuniary interest
is on the side of the centraliza-
ton of the judicial power.
The other reason is the proneness of all
of Us to confound theoretical with practical
justice. What is more attractive to our
idea of perfect law than to see truth by
successive stages freeing herself from the
errors of ignorance until she issues forth
in all her purity from the sanctum of the
court of appeals.
Practically, however, what does this
mean? 1t means robbing the poor man Of
all his rights under the law
and shielding the rich from
all punishment for his crimes. In our
Western community in the case of great
criminals the people have devised RENE
dy. The trials here obtaining by persons
who know all the details of each case are
entitled to far more credit than they re-
ceive from our Eastern friends. Would it
not be well to extend the practice of local
law to civil cases? For example what evil
would follow if it were the law that court
of dignity enough to begin suit is of
dignity enough to end it. From period
long before Shakespeale's day it has been
the custom to sheer at Justices law. Yet
we venture to assert that there is far more
practical justice in our country Justices
courts before friends and neighbors who
know every word and act bearing upon the
case, than in all other courts in the coun-
try. The injustice begins when exceptions
carry the cases to higher courts, who be-
queath to impoverished heirs the airy
shadow Of an abstract truth.