Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-11-23
ABSURD CRITICISM.

AboUh ChlIlClSM.
The Territorial Enterprise, published at
Virginia, Nevada, is generally level
headed and reasonable. In its issue of
Sunday, however, it goes wrong in an alb
surd criticism. Under the heading Cal
ifornias Incompetent Judiciary" it charges
our Judges with derelictions and the laws
delays, which in justice cannot be laid to
the bench. For instance, it says:
The other day shyster who had been en-
ployed to defend Goldenson, the ehild-murderer
called in question the legal status of the Grand
Jury which indicted his client His feIlow-pet-
tifogger on the bench-after, we have no doubt
gIavely adjusting his speetacles and looking as
wise as an owl-granted an adjournment on this
ground. How is any criminal to be punished if
a silly objection like this is to be looked upon
fsvorably by the owlish incompetent on the
bench
Let the Enterprise another time adjust
its brains before it rushes to conclusions.
1t knows or ought to know, that the law
made by the people, not by the Judge
upon the bench, guarantees to every man
charged with murder the right to challenge
the Grand Jurors. They are the accusers
for the people, and the laws of the people
declare that the motive actuating them
may be inquired into, to the end that no
man shall be put to trial through preju-
dice, frenzy, or any other motive than con-
servation of the public good that no man
shall be brought to the bar except by those
Iapa1Iv o1oliHaJ 10 ono,,eo H., Ill., :.
Is that the accuser and the accused are
brought face to face on the demand of the
accused, by special provision of the law.
The Judge is as much bound to hearken to
the challenge that the Grand Jury is lille
gally constituted as to try the prisoner at
all. That challenge preferred, he
has no discretion to exercise
he must summon the aecuser to
answer to the challenge of the
defendant. In law men must
be presumed to be innocent until
the contrary is proven. Goldenson,
foul murderer as he is, is as much entitled
to that presumption in his behalf-not for
his sake, but for that of society-as one
concerning whose guilt grave doubts may
be entertained. If the Enterprise can
demonstrate that it is safe to depart from
that rule, it can reyolutionize society. De-
parture from it, indeed, will remove every
safeguard of organized government that
now hedges about the life and property of
the editor of the Enterprise, or insures the
sacredness of his domestic castle. The
laws delays are bad enough, and too
numerous. The reverence for technicali
ties has become an abuse. 1t aggravates
the public and exasperates the multitude.
But these things are mainly born of too
much code" and too much formality and
statute machinery. No one more than we
desires them to be remedied, or criminals
to be more speedily and certainly pun
ished; but there must be some orderly
method of accomplishing these ends. The
inalienable rights of men must be re-
garded, constitutional guarantees pre-
served, and guilty men punished with
deliberation as well as severity. The En-
terprise when it charges the Judiciary of
California with the laws delays, should
call TO mind the fact that the Judiciary is
the child of the law, and the law is the
voice of the people. They can amend or
repeal it; they are the sovereign; there is
no earthly power superior to them. II, as
our contemporary says, " it is impossible
for human ingenuity to construct code in
which 'shysters and quibblers, who are
actuated by no desire to reach the truth,
may not find a flaw" then it is equally i'm
possible for judges and juries to attain per-
lection under any system. When it talks
of " the broad principle of universal Justice
underlying all written law" it should
also comment upon the fact that
the application of the principle of specific
cases must always be made by fallible
men. Which does it think most in accord
with human wisdom, and human rights,
and human liberty and hunlanity-the sys-
TEN under which men endeavor to formu-
late as best they can in written laws the
broad, underlying principle of human
justice" or system that would leave the
application of universal justice to the
passions, prejudices or misconception or
incompetency of individuals, unchecked
by written guides? The Enterprise belit-
ties itself by its absurd criticism; it justi-
fies the suspicion that it caters to a sup
posed popular clamor. 1t certainly is very
broad OF the mark in estimating the
thought of the conservative, law-abiding,
order-loying people.