St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-08-03
JUDIcIlL OPPREssIoN.

The GLOBE, sometime since called atten-
ton to the universal injustice which prevails
throughout Christendom, except in Switzer-
land, towards men who have been causeless-
ly arrested for the commission of crime, who
are tried, and are convicted and sent to
prison, and later are found innocent, and
then discharged, and who have no remedy
for the losses they have suffered in time,
reputation, and money. 1t is of the com
monest occurrence that men have to en-
counter these situations, and without rec
compence. There is not a criminal court in
the country which fails to have cases each
term in which men are tried for alleged Of
fences, and acquitted. 1t is frequently the
case that such persons have been in the jail
for months previous to their trial, not hay
ing the means to secure bail. They are
found not guilty after a trial whose expenses
have eaten up all their substance, and there
upon they go out in the world, free it is true
but pauperized as to means, and ruined as to
reputation. There is no recourse for such
victims. The omnipotent state has brought
to bear on them all its tremendous pressure;
it has crushed them mercilessly, and yet the
opprcssor is held to no responsibility. a
grosser injustice cannC he conceived.
The matter is suggested at this time from
the fact that this phase ST the relations of the
state and the individual has been brought
before the Austrian legislature, and bill
has been presented which promises to afford
some mitigation of this frightful form of OPP
preston. 1t bas already passed one house,
and it is thought that it will probably become
law. 1t is yoluminous in its details, but
the main point involved is one which per-
mits the innocent victims of judicial oppres-
sion TO lave access to the courts for redI ess,
and to proceed in the trial of their claims as
that in the case of poor suitors, the state
shall provide counsel, and that there shall be
period of limitation within which the in
nocent victim of law may commence pro-
ceedings for indem nifcation.
An article on this subject has lately APP
peared from the pen Of DR.. Henry Jaques, a
member OF the Austrian chamber Of deputies,
| in which strong ground is taken in favor Of
the inemniiication of the class referred to.
In this article, the writer points out that the
origin of the present system OF no redress
for innocent victims, is to be found in that
period OF governmental which the state was
supreme, and in which it was held that the
king could do no wrong. Obviously where
the state could do no wrong, 4 person I'M
! Justly arrested could have no cause of action !:
but this condition of kingshp no longer ex-
ists as rdle; and it especially does not in a
Republican form of government. In this
country, the unjustifable arrest of person,
his trial, and his condemnation is the work
of the majority OF the people against one; in
principle it is more justifiable or above rem
cdy than would be the unlawful beating,
! lynching or Otherwise maltrerting OF one cit
| izen by two others. That it would be the
work of majority does not in the least nit
iratc its injustice, nor should it in the least
bar TIE majority against action for their
wrong.
T3is pha6r uf administration of justice does
not seem TO have attracted any agitation in
this country, fact which is especially scan
dalous considering the assertion Of the peo-
| pic that this republic is one in which all are
equal before the law. There is no equality
before the law when the majority mbodied
| in the form of the government can, with
impunity, unjustly deprive n person of his
liberty, and his property. 1t is also scanda-
| lous that an agitation against this class of
oppression should originate in an other
country instead of in this where we boast OF
the widest possible freedom of the indiyidu-
al. Italy, France, Austria and even Ger
many, have recognized the injustice in
voved in this phase of trials, and often of
condemnations, and have approached it with
reference to the reparation of the victims.
Tlts country alone retains, and employs
without protest legal principles in vogue
among despotisms, aud seems to give no
thought to the necessity of reform.
In Switzerland alone the rights of the in
dividual to redress for unjust conviction has
been legally recognized. 1t is time then that
this republic should take lead in this class
of reforms, and not trail along at the rear of
the dcspotic monarches of the old world.