Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1885-02-26
The Failure of Justice.

In country where the lynchings
are double the legal executions, it is
time to talk about the failure of Justice;
but one should be cautious about ac-
cepting opinions of even so eminent a
man as Judge Davis, in regard to RENE
dying the evil. Davis is lawyer, and
naturally looks through lawyers
eyes, hence he recommends increasing
the pay OF lawyers who fill the Office
of States Attorney. This would create
a sharper and more INSCRIPTIONS
scramble for the Office, and would make
matters worse rather than better. We
have too many lawyers now, and most
of the fat offices are filled by them; in
fact they may be said to run the whole
country; and it Is the lawye who are
unning it to the devil. It is wrong to
inveigh against any class; but when a
class has put itself forward, as this
class has, they ought to be made to
bear the responsibility of the position
they have assumed.
A Judge in Missouri has lately been
giving the public the benefit of his
opinion on this matter. He is inclined
to think that the trouble is caused by
the juryman not understanding his
duty; and while be, like Davis, is in
favor of retaining the jury system, he
seems to think, too, that the only way
to better matters is to patiently wait
till the juryman becomes intelligent
enough to understand just what he
should do.
Now while there is something in
what Judge Thomas says, it is not all
nor the beginning of the trouble. Un-
der the manipulation of the lawyers
our jury system has been emasculated;
and, as we now practice it, it is little
better than a farce. The jury system
was based upon the ideas that a II gov
ernment was for the good of the gov
erned, that all the powers of govern
ment were derived from the governed;
and hence the governed had the right
to a revision of the law, in every case,
before it was applied to the subject.
i HIS uldhcS lHt law ltScll dutlSOIf
rather than mandatory to the juryman.
His highest and supreme guide is his
own conscience, his own sense of right
and justice. Nor can he be justly re-
his oath, no matter what the law is or
what it says. He is sworn to apply
the law upon the presumption that the
law is just, but if his own conscience,
and sense of justice, is violated by the
law it is his sworn duty to disregard
the law. How ofton do we hear Of jur-
les being instructed after this tenor?
Let jurymen understand that they are
to stand between the subject and unjust
laws as we'll as between society and
offenders, and we should impose a
check upon lobbies and legislators,
that they could not disregard. This is
the real intent and purpose of the jury
system. Do we use it for that purpose?
After all, however, the trouble be-
gins in the fact that the laws applied
in our courts are unjust in themselves
VA tdfutCo Will oaA So0NS ,
as whole. prevents justice instead of
promoting it. 1t is SO framed that ev-
cry mans hand must be against his
neighbor; it divides society into two
classes, those who prey upon others,
and those who are preyed upon. 1t
leaves no choice to any man except
choice of evils, to be a slave to the more
fortunate, energetic, or Inscriptions,
or being fortunate, energetic, or un-
scrupulous, to take without earning and
so make slaves of his fellowmen. It's
impossible that men should reverence
or respect law when it becomes thing
to be contemned and despised. The
| prime purpose of law is to protect the
weak against the strong; but study our
code and see if it does not sacrifice the
weak to the strong. See if it does not
constantly filch from those who have
bare hands and give it To those whose
hands are full. 1t is not to courts and
LAWYERS that We must look for amend
ment. but to ourselves. We ought to
make better organic laws and then
send men to the legislature who know
how to make plain and concise statutes
under the constitution.
Mrs. Lees advice to trust in dyna-
mite rather than in God is not SO inn
pious after all if she meant the God
that seems to be reverenced by our Leg
islators now. "Trust in dynamite
rather than in Mammon" would be a
better reading; for Mammon is the God
of the usurer, and our whole code OF
laws is warped and poisoned by usury.
Even the pulpit lacks the sense to see
this or the courage to denounce it.
i We are told that the murders COM
mitsed in 1884 were double those per-
petrated in 1888; If we figure up the ac-
count at the end OF 1885 We shall find
a startling increase still unless Europe
4 plunges into war and makes times good
here. Now let US always bear in mind