Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1893-10-29
law results from It's administration. and

law results from Its administration. and
not from defects IN the law.
The second point In your inquiry Is
that the ends Of justice are often de-
feated by appellate courts rpo1 trivial
technicaiities N this BE- true can any
remedy be afforded by lcg'al8tlonR The
great eva OF the day j. the frequent
change Of orr stafusc law. air Edward
Coke once sad; III 1 am ssisca ques-
ton OF common law. should b. 1shenied
n I could not answer u imni ,diately,
but II ! am nrked question Of statute
law. I should be ashamed TO answer II
without referring to the statute book
SO frequent have been the changes of
our statute laws that Cir Edward Coke,
II we had one at this day, might hesitate
to answer after "A reference TO the books.
New laws have been madc TO expound the
old: new difficulties have arisen under
the new laws as words are multiplied
opportunities for cavilling are multiplied
also: confusion has Increased, the web
thickens. until the judges upon the bench
dispute amongst Themselves as 10 what
the law was. or Is. or ought 20 be.
The remedy does not lie in change
OF the laws, but In their enforcement
by courts and juries. Law reform Is well
enough I'm theory. but delusive in prac-
tice Frequent efforts have been made
by our legislators to simplify criminal
pleadings and 20 prescribe what snail
not yitiate an Indictment. or for what
cause judgment shall not be arrested
or reversed. and these very statutes have
been oftener matters OF controversy tnan
any others In the books.
WHEELS OF JUSTICE LOCKED.
To Illustrate, one stathte-No. S959-of
the Code. prescribing what defects IN
indictments shall not vitiate them. ana
starting out with these plain words; NO
Indictment or other accusation snail De
quashed or deemed invalid for emitting
etc, has been construed and gravely
passed upon In our Supreme Court OF
Appeals more than twenty-five times;
more than twenty-five times have con-
victed criminals locked the wheels OF
Justice by a writ OF error TO the Su-
preme Court OF Appeals under that one
statute.
How often this benign effort at simpli-
fication has been construed and miscon-
strued In the county. hastings, ana CIR
cult courts no man can number, ana
how often It has retarded the enforce
ment OF criminal laws Will never be
known.
Other statutes in reference to the ir-
Irregularities in the selection and forma-
ton of grand juries and venires nave
been fruitful sources Of contention and
review by the courts.
THE THING NEEDED.
In other words. Mr. Editor, the-re-
form which is needed is In the admins
tration of the criminal laws rather than
in the laws themselves. OF the law 1t has
been we'll said. what e'er Is best ad-
ministered is best"
The difficulty In Virginia has been and
Is a cheap judiciary. / would not reflect
on the judges. many OF whom adorn the
bench with learning, purity. ana wisdoIn'
but the best of them may at times be
so harsssed with pecuniary difficulties as
to partially unfit them for an intelli-
gent discharge OF their duties The judge
Of any court should be the equal, II not
the superior OF the lawyers who practice
before him. AS a general rule such ac-
quirements can not be had for the small
salaries which the State ekes out 10
them.
JUDGES PAY.
II the pay of our judiciary Is compared
with that OF other States. 1t will be found
far below the average. This should not be
so. The next Legislature before electing
the Judges for the circuits, corporations,
and court of appeals. should double the
salaries now paid, and then I'LL the posi-
lions with fearless and competent men,
who can give intelligent decisions upon
legal questions as they may arise In the
trial court with promptness and dis
patch.
Closely allied with the office OF Judge
is that Of attorneys for the Common
wealth These officers should also be
paid at least double what they are now
receiving, so that the best equipped law
yers in the several counties and cities
may make the speedy execution OF the
criminal laws worthy of their learning
and ability.
| well know that this will not be popular
with the taxpayers as a scheme Of re-
form, but, in my opinion. 1t is "A correct
one.
CHEAP JUSTICE COSTLY.
A cheap judiciary is the most costly
luxury the people OF a State ever in
duIged in. 1t is not in accordance with
business principles. Railroads, banks, and
other corporations pay adequate compen-
saton. and get their moneys worth In
the service of persons who have peculiar
fitness and skill in each particular
branch of service required. The State pays
the county judges less than the pay of
a second-rate clerk in a boot and shoe
store. The cashiers In our banks receive
more than the salaries Of our circuit
judges, and the salaries OF corporation
attorneys Is double that of the judges
of the Supreme Court.
Very respectfully yours,
JOHN +. PENN.