The Universalist. [volume] (Chicago [Ill.]) 1884-1897, 1888-03-03

new m6CnOdS OF evasion on tne part or
the wOuldbe violators of law.
But the great danger and abuse to
us as people to-day lies not so much
in the law or the rules of procedure in
our courts as in the base and reckless
betrayal of trust and violation of hon
or as we'll as of the law, on the part Of
those to whom its enforcement is COM
mitted. We need reformed laws no
doubt. Let us have them. Let Us
have them carried to that point of per-
fection where they will as nearly coin
eide with "the higher law of right" and
the peoples good as possible, but let
there be wakened 8 sentiment among
the people everywhere that shall secure
the just and impartial enforcement of
our present laws, according to their
true meaning and intent, and accord
ing to the oaths which officials have
taken. From all parts of our country
comes up the cry of this great evil and
wickedness-the lack of the quick,
prompt and impartial enforcement of
the laws. The prompt and just en-
forcement of the laws is the exception;
and so rare is the exception that when
it occurs it excites comment. The
fact that Harper was tried, convict
ed, and sent to the penitentiaTy
within ten day for defrauding the
bank of which he was president, was
regarded as a remarkable occurrence.
1t ought to be the rule instead of the
exception that every man who is &C
cused should have his guilt or inno-
cence determined in the shortest time
possible consistent with practical JUS
tice, and either be put to serving out
his sentence or set free at once. No
court ought to allow delays in the pro-
cesses of justice on mere technicalities
where no substantial right is effected.
And this is the position which seems
to have been taken by all the courts in
the Anarchist cases and by the court in
the Harper case; yet it was so unusual,
though manifestly just, that in the An
archist cases color was given to the as
sertion made by their friends that pop
ular clamor determined their fate.
Delays have been allowed in so many
cases, and so many criminals have been
cleared on mere quibble that viola
tors of the law have come to count on
that as means of escape from the
penalty of their crimes. Notice on the
other hand the Sharp case in New
York City. After innumerable delays
he was landed at last in Ludlow street
81 all only to stay few weeks aMhsns he.
was brought back to court for new
trial, and thence released OF bail prob
ably never again to be tried, and not
without strong suspicion that money
and political influences have defeated
the ends of justice; for there seems to
be no doubt Of his guilt.
Then again many of our laws not
only lack that important element of JUS
tice, viz, that penalties should be pro-
portioned to the crime, but even where
the degree of the penalty lies within
the discretion of the court or Jury, they
do not adapt it to the deserts of the
case. For instance a young man at
Rockford, H., was convicted of a sue
cessful criminal assault upon defense.
less girl. He received as sentence one
year in penitentiary, the lowest term
which the law would allow, and the
same penalty which he would have re-
ceived had he robbed her of one cent
more than SIS instead of that which
should be regarded as worth more to
woman than could be estimated in
money value.
Another instance of the easy way in
which our laws are administered Oc-
Cured in Wisconsin. A man in one of
our lake cities was convicted last sum-
mer of cutting and stealing timber from
Government land and sentenced to three
months Imprisonment. He was at
work as cook on one of the vessels ply
ing on the lake, and he represented his
case to the judge, promising if he
would let him run till the end of the
season, he would then come in, deliver
himself up, and serve his three months
Imprisonment. The accommodating
judge accordingly suspended the SEN
tence; and when his boat laid up for
the winter he was magnanimous enough
to come in and give himself up, and
consent to board with the jailer's fam
lily at the Governments expense, until
he could get job again in the spring.
Several cases have come before the
United States Courts at Madison, ac-
cOrding to the newspaper reports,
where the Offense was cutting and
stealing lumber from the government
lands, and the slight fine of $50 i'm
posed after all the expense of the govern
ment in catching and trying them;
but we did not read that in these cases
the G GOyernment also boarded the Grim
inals through the dull season. 1t
would be interesting to know if these
criminals were connected indirectly
with men of large political influence,