Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1883-11-09
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fNHtf|ft Nt INV 'F''' ~ NIUE w. -
10, aud punishment io, fnl,c~ wcal-
iur. urlrI Ni.rh luj q t.'cu" lp-i
v,. tul.i,l ,ucu iommhnh'
d.r..,u. ~ the cirr @, the lcua"tN
q. Mm NIm. ! d'muncI wa
htrI o., thc puotu', fpi dtf.u. 90, al
i,.u. tutt Sire p0, ls'tt mon winch
tine uul,fm,u, Wa, iuuud, II unirdc,
w,~ult suiluonl - constitute per
luty. 1hc instrument showed that
tho oath hsd been administered IN
the usual form, after the defendant
had affixed h~ ma'h, hy an officer
nuihpulel 60 perform ,ha' duty;
hn' slmrly because tic woid ailidn-
VI. docs not appear ~ Section s6',
The objection was sustained, aud two
y rslus who the Judge declared lac
believed gully Of the crime for which
they ba beun indeed, were turned
loose npnn tho community to renew
tuon lawioss trade. II IL strange
tia, even Judge whose whose tech
meal inlingr have destroyed 'he peo'
Piles reliance upon Ia" nnd caused
the aallows So blossom within stone Is
,h,ow of pulpit aud bench, should
have allowed these indicators 10
slip through hts fingers, wien their
guilt was clearly established by re-
coded evidence II tho meaning OF
the word affidavit. lndlcial or other
wise. could be mistaken. OF made 10
mean more or less than u written
declaration on oath, it seems that
section $50 should have enabled the
court To discover the micm OF the
Law making power. The Legislators
were plain honest men, unused 10
the subtle distinctions Of bench and
bar. with no motive or desire to in.
corporate hi den or unusual mean.
ing- 10 the language they used. II
waa their ,tjec, aud sworn dniy
to provide for the punishment Of
Just The crime which Judge Greene
declares Is no crime Jnless commit
ted IN a certain manner and the acts
constituting 1t following in specific
order. Tho TACT that the law makers
declared that any informally in the
admins, ration Of an oath should not
be u defense 10 a prosecution Tor per-
jury seems 10 have beeu ignored, OF
not OF sufficient force 10 break the
continuity Of tho judges IDEA.
Respect foi tho law and those
charged with its execution il due
from oil good cilizens. bu, how can
ANY body withhold sympathy hom
,hese determined citizens who few
months ago. ia Occidental Square,
took tue only means left them OF
evadiDy tecbnicalitics, when It is
openly charged by one OF the lead
ing members Of tho Seattle bar that
tho administration Of law is sham
and farce; that there Is scarcely a
section in the slalute-book which
may NO, by a skillful manipulation
Of language DO perverted from It's
,rue inten. and meaning; and that,
as now, there is quite often most
radical difference between the judi
eial Interpretation and tho true
meaning Of the statute. This is an-
fortunate. 1t makes The Judge an
auiocrat. 1t enIarges his powers.
lilo can reverse the intent OF law by
n simple twist Of language. This
can have bu. one effect. as is shown
by tho language quoted above. Ii
brings the law into contempt and
lis modes Of administration into rid
icule; makes justice q mockery and
arouses the spirit Of mob rule.
Judge Greene bears the reputa-
ton oI being just man. A mode
OF procedure which indefinitely en-
largss his authority may not DO in-
fusnced by vsnal considerations in
all cases, and Is certainly not in
this. bot a corrupt judge would find
IN Il . prolific source Of profit. 1t
must 10 admitted, however that
technical rulings have resulted
IN the escape Of many undoubted
criminals. ~ these were, and the re-
suit has been mob rule.
That tho court was honest 10 its
ruling in tho Adams case, probably
the following facts will show: Ad-
ans from the time OF his arrest firm
ly maintained that be was guilty Of
no crime punishable by law. Judge
Greene held that he could DO pun
ished. aud NO firm was this
coaviction that hc recalled the
Grand Jury, at great expense,
Tor the express purpose Of cur
ing certain defects in tho first in.
d'ctment. The second bill was pre-
scented to the judge and pronounced
good, when a lawyer hitherto I'M
known in the case. assumed Adams
ground Of defense, and in few mo-
ments convinced tho Judge that
Adams was right, and thai an action
would not Ito under the statute.
Adams knowledge OF law is the
more remarkable when We consider
the fact that LA cannnt xv,,t. lie ,,.,,