The Labor enquirer., 1884-02-02
A Contributor Takes One Of
coIorado's Legal Lords
to Task.
The Magma Charta, Which is Said
to be a Great and Glorious
Instrument,
Shown to be a Means to Oppression,
Theft and Heartless Perse-
cutions.
Editor Labor Enquirer.

Editor Labor Enquir er.
DENVER, January .3O.-Will you per-
NIT me, former British subject, to COM
ment at length upon the able addresses
of Judges Markham and Stone, deliver
ed before the State Bar association re-
Gently, and to refute some of the asser-
tions made by them? In doing SO l will
quote from the most authentic authori-
ties and reliable sources.
Judge Markham says: During the
first four centuries of the Christian era
churchmen, laymen and the populace
had taken part in the making of the
laws, until they became one mass of un-
intelligible confusion"
Admit the laws were fourteen hun
dred years ago zone mass of unintelli-
gible confusion" are they not the same
to-day2 In my humble opinion they
are nearly so; and the laws of England
and of the United States are disgrace
to the advanced intelligence of the nine
teenth century. An intelligent writer OF
speaker will convey his meaning in Ian
guage that can be understood by even
the unlettered but the law is 80 written
that neither learned nor unlearned can
in great many cases agree upon its
meaning. To-wit: the eyer-memorable
seven to eight.
He is now referring to the confused
state of the laws in the fifth century,
and prior to the establishment of what
is known as the civil law of the Roman
empire. He would have us believe
there were not enough lawyers at the
drawing up of these laws, hence the
@confuslon." Now, 1 am of the opinion
that the confused state of the law was
owing to too many churchmen taking a
hand in the framing of them, and not
to a. want of lawyers, that is if the
ehurchmen in those days were anything
like those of the present; their laws
would be like their sermons-what they
hadn't in depth, they had inlength.
The Judge then skips to the common
law of England, end oh, what eulogy
on British law and Lawmakers. =
The judge is no doubt familiar with
the celebrated Yelyerton case OF some
twenty years ago, in which the grandeur
of the English law was beautifully
transparent. One court decided the
! marriage legal, another that it was not
!. legal, and finally the house of lords: de-
eided the marriage no marriage at all
And this is the law he would have US
believe to be "the very embodiment oi
Justice and humanity. of good govern
ment and good order" y, This law, he
says, made, not by legislators, not by the
people. but blythe judges on the bench
with the aid of the bar, has stood every
test and is to-day its own grand vindi
Gator, etc.
Yes, Judge, it is very effective fol
hanging Irishmen, but it don't amount
to much for Justice and humanity" s
The law of England requires the ques
ton to be put to person found guilty
Have you anything to say why sen
tence should not be passed upon you ?
Now, this clearly implies the right O.
answering either in the affirmative OF
the negative, but there is no provision
as in the case of O'Donnell, made for
person who does not hear the question
put, and the proper time for culprit t
speak having passed, he is by law com
PEELED to hold his peace, even though ht
be on the brink of the grave. -
Mr.. Russell, when addressing the jury
on behalf of O'Donnell, went on to give
the account of the shooting Of Carey
in the language of the prisoner, and al
the prisoner himself would have giver
it.provided he had not been represented
by counsel. The attorney general OBJ
jected. Mr. Russell read authorities
Judge Denman said there was a grea
preponderence of judicial opinion
against IL. nv bu0 odulO tlIAiO shSAS W.
sufficient authorities in favor of it t.
make it necessary for him if it was OBJ
jected to, to state case for the court TO
consideration of crown cases reserved
The attorney general withdrew his OBJ
lection, but hoped means might be takel
to have the law upon that point def
nitely settled. Just so there were au
thorities for and against the course pun
sued by prisoners counsel and Judg
Denman did not know which was nigh
but he would ask another court wha
their opinion was. :,
And this is the law that Judge Marx
ham says is $50 sublime, so just, tn
|. purest and best of all laws, by tn
wisest, most enlightened nations of tn
= earth"
= The late president of the COLORADO
Bar association then goes on to prais
the magma charta, a document passed il
the reign of King John and signed b,
him June Is, 1918 He says: ~Thi
celebrated instrument, the most cele
brated of all instruments, which was
solemn acknowledgement and expression
of the rights and privileges of indiyid