The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1883-01-11
A New Judicial Plan.


Some extraordinary propositions
are made to improve the workings of
the judicial machine. One such is
that OF Milwaukee journalist who,
IN apparent good faith, proposes that
the guilt or innocence of persons on
trial for violating the laws shall be
determined by popular ballot. the
same as political election is decided.
The reason given for preferring this
to the old plan is, that the latter has
not advanced in keeping with the cleo
trio light and steam engines" He
seems to think the new plan would be
ahead of them-an opinion in which
we coincide. He says: The newspa-
pers always lay the facts before the
public, so that everybody, excepting
the present average juryman, knows
all about them; arguments are
not necessary, for people think
for themselves; and thus, all
that would be necessary in the trial
of any cause would be to announce
that the polls would close at such-and-
such time" To make the lives and
liberty of accused persons depend on
the impartiality of the newspapers is
Il little staggering. There would be
no red tape about such a law practice
as that. No difficulties would be eX-
perienced about getting in testimony;
no demurrer would then throw cases
out of court, and bubbles would he at
a discount. Precedents and decisions
would not be worth quoting, and the
lawyers could burn their books or sell
them for old paper. The only occu-
patton for the legal gentry then would
be in editing newspapers, or possibly
in going about and address
ing mass meetings upon the
innocence OF John Doe or
Richard Roe. Treating the crowd
would be as strictly in the line OF the
practice Of the law as it is now in that
of electioneering. 1t would be a great
thing for the saloon interest, and
thirsty citizens would have nothing
to do but hang around the bars and
drink all day at the expense of the at
tOrneyS of anxious prisoners. Poor
fellows who could not stand the eX-
pense of this kind of defence would
hang or go to Jail sure. 1t might be
better, as enabling the people to OBJ
tain clearer idea of the merits of the
case, to let the prisoner go around and
make appeals in his own behalf. He
could be accompanied by a sheriff and
have chain attached one of his
legs to prevent him from running
away. To see gentleman who had
been unfortunate enough to become
involved in difficulties with the
police going around in this
manner and soliciting the suf-
frages of the American people would
be an interesting spectacle. The only
fear is that with SO many elections
the people would get mixed up and
confuse the candidates, electing the
man who was ON trial for murder to
Il seat in congress and sentencing the
congressional aspirant to the gallows.
1t is true that this might purify con-
greSS at the same time that it simpli-
fled the judicial system, thereby kill
ing two birds with one stone, but it
would involve some risk to really
good men, and to send a man to con-
gresS who had done nothing to de-
serve such a punishment would come
under the constitutional prohibition
of "cruel and unusual puniShments."
The Milwaukee plan of judicial re-
form would not work in California