The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-11-22
LETTERS TO THE EDITOR.
Why Do We Have MODS?

and Others that are but merely alluded to in
your editorial.
If the people of Benton county had felt
assured that Melting would have had
speedy trial and the judgment of the court
would have been that the death penalty be
inflicted, there would have been no mob, or
mob violence. Judge Lynch's court was
first established because there was no other
court to enforce the law. The law was in
force, but, without a court to enforce
| it. it fell dead letter AS
soon as courts were established and
asserted their authority, Judge Lynch's
court was practically deserted and mob VIC
lence was thing of the past. In settled
| communities, where crime is surely and
speedily punished there is no mob violence,
and Judge Lynch's court is without suitors.
Hanging by mob is an unheard-of thing
I'm England. The people of England are no
more law-abiding than the people OF the
United States, neither is the commission OF
crime there less frequent; but punishment
! follows more speedily and much more GER
| tainly. The murderer has but lit
tie chance OF escape; the oo plea
The people there have confidence in the
courts and in those whose duty it is to
prosecute offenders Techncalities are
brushed aside, and the marrow of the case
reached at once. The judge declares what
the law is that governs the case, and no, such
| silly twaddle is heard from the bench as,
Gentlemen of the jury, you are the exclu-
sive judges of both the law and the evidence.
| 1t is the duty of the court to instruct you
what law governs this case, but you need
not follow the instructions if you think the
court is mistaken; neither are you bound by
| the decisions of the Supreme Court, for you
may wholly disregard them if you think they
do not state the law. AS to the law
of the case you are wholly untrammeled by
decision of this court or the Supreme
Court" For the first part of this instruc-
ton the people are themselves to blame, be-
cause they put such clause in the State
constitution Ono doubt the work of dema-
gogueryG but. for the latter, indebted
to the present Supreme Court. Such an in
struction is arrant nonsense, calculated to
bring the administration of law into con-
tempt and disgust all true lovers OF the
study of jurisprudence.
But this nonsenScal provision of the con-
stitution is harmless in comparison with
many other absurdities prevalent in the
law. The opinions of the Suprem"
Court uphold many technical absurbties,
and for violation Of one of these new
trial will be granted on appeal. Every law
yer knows how uncertain he feels; even
| though he have verdict in his favor, fear
| ing that some technicality has been violated
| that will sweep away the fruits of his hard
earned victory. But our Supreme Court
should not bear all the burden of condemna-
ton, for the far greater fault lies closer at
| home.
| If our Supreme Court has decided con-
J tested point, or has adopted a principle
applicable to a certain state of facts, every
circuit or superior court should be
able to correctly try or decide
case where the same point or princi-
INNla e ,v,v lvra1 ~ H.
case. Every lawyer knows that questions
exactly similar have been discussed and de-
cided from the first volume of our reports
up to the very last one, even i'll the cases not
yet reported, and that, too, in almost every
volume of the ninety-four reports, and cases
have been reversed simply because the trial
court disregarded some long-estab!ished rule
of practice, or even a question of right.
Long-established rules are often totally dis
regarded. This is not done willfully, and it
is but charity to say that it is done ignorant
ly. In the decisions of our circuit and SUI
perior courts the people and members of the
| legal profession have but little confidence;
in fact some of them are regarded
with actual disrepect. And why is this so?
The answer is that we electincompetent men
as judges of our trial courts. No one expects
a justice of the peace to know much law, but
we have right to demand that our trial
judges be men thoroughly conversant with
the law, or else men with brains enough to
sft the decisions and ascertain the law when
they are placed before them. We want men
learned in the law, rather than politicians.
If question has been decided by the highest
tribunal, then we want men who can follow
that decision, and whose decision will not be
reversed because of a direct but ignorant
disobedience oft Until we have such men
as judges, the decisions of our trial courts
will command but little respect.
But why do we have such men for judges?
The question is not difficult to answer. In
this State every person who is voter and
has good moral character can be admitted
to practice law. To gain admission to the
bar, character cuts but little or no figure.
The profession is overcrowded. Good law
yers do well; bad ones do poorly. The salary
OF judge of a circuit court is only 50, 500
and of superior court So 900 per annum
The best legal talent can make more money
than this in the practice. To go upon the
bench for one term is an abandonment of his
practice, and the attorney finds at the end of
his term that he is without a practice and
without clients. He must begin anew, and
build up as any new beginner. Hence the
nis prius bench cannot command the best
talent, and often not even second rate Men
of little caliber and less legal nowledge, too
often seek and obtain the place. not because
they are fitted for it, or because they have a
love for the study Of Jurisprudence, but be-
cause it affords them a living that they can
not make in the actual practice.
If greater restrictions were thrown around
the admission to the practice of the law; if
only those were admitted to the practice who
have pursued the study of the law for GER
tain time, and then only upon passing a
rigid examination before board OF examin-
ers, the legal profession would not be so
crowded Fewer suits would be brought, be-
cause attorneys would be more compe tent to
advise their clients Hazardous cases would
be dropped and irresponsible clients would DE
turned aside. Fewer appeals would be taken
to the appellate court, for the attorney
would know when his case was rightly tried;
and, last but not least better men would be
placed upon the bench, and be kept there
longer.
TC incompetency on the bench 1--WE are not
to be understood as saying that all judges on