The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1892-1907, 1894-03-31
IN A JUSTICE COURT.
MS HONOR" DELIVERS AN OPINION
IN IMPRESSIVE STYLE.


"fa Misspelled word-T eJustics Who's
chief Aim Is to Put the 'Kerbosh'' q,
Crime Whenever II shows 1t. Ugly Front
Life has been lamenta BILE failure to the
man who has not provided around the pre-
rinet judicial gristmill on grinding days
and seen iniQuity "stomped on" and jus
tice crowned queen of the May.
But il you would see the justice court ia
Its wild, "unpestered' state go into the
jungles Of east fexas, where it roams ut
will and subsists ON funny young men
who get accused Of disturbing "a peace
which in all likelihood never existed. In
such places the justice of the peace sener-
ally runs his Office in connection with a
small stock Of family groceries, and the
sessions OF the court are held in the rear
end of the mercantile esta blishment, where
the presiding genius can keep his eye on
the front door, SO that he may not miss a
cash sale II opportunity offers. And the
opportunity sometimes presents itself on
such occasions, and Ibis honor" asks the
lawyers and the jury to excuse him while
he increases the gross receipts of the cash
drawer. 1t also happens sometimes that
the j, p espies some one in the courtroom
who Is In arrears for supplies, and lays a
paperweight on legal proceedings while
he attempts to induce the delinquent to
| square the account. This sometimes re-
suits in bad blood between debtor and
creditor, angry words, axhandles and bar
rel slaves and the ground torn up, in which
his honor sometimes comes out OF the
conflict on all fours, with a head on him
like hippopotamus. Then an adjourn
ia n nr,l nv.lt 81 - ~.
Is carried over to the next term Of court,
attended the sitting OF one Of these
courts once and saw it hatch out a small
brood Of unvarnished justice. A youn,
man had disturbed the peace and trified
with the dignity Of the state in the one
and the same transaction, and Justice
whetted its hayknife and howled for re-
venge. The court had drawn up the
indictment at the instance of nervous,
gentleman, who claimed that a subdivi-
sion OF the peace located in his immediate
vicinity had been disturbed by the Young
man herein before referred to. In draw
ing up the indictment Ibis honor" had
DETECTED somewhat from Hoyle and or
typography and spelled peace piece.
When court was opened, counsel for defen-
dant attempted to quash the complaint on
the ground of its literary and legal imper-
lection and made quite an exhaustive ar
gument to that end. After counsel had
closed his argument the court" sustained
the Indictment in substantially the fol-
lowing language:
while admitting that in the drafting
OF the indictment an embarrassing degree
OF unfamiliarity with the standard au-
thorfties on dlction Is evident from the
spelling OF the word pea-e, at the same
time 1t Is the opinion Of the court that
this inaccuracy does not vitiate the indict-
ment, for We cannot enter upon the dan
serous precedent OF predicating the ad-
OF justice upon certain de-
gree OF familiarity with the textbooks
Justice was fun grown and had corns
IN her toes before knowledge had ceased
% wrestle with the collie. She stood guar
han over the liberties OF man while knowI- |
dse was In the kindergarten and small 1
lothes, and now TO make her subseryieut
o TINS precocious young 'un were like the
ieau paying homage to the tail. Ifcoun-
el Will bear with the court, we will state
nat we are here to administer job lot of
rectangular justice and not for the DUR
ose OF discussing the literary merit Of
ne complaint wherein a superfiuity OF
seems to have obtained and in which
be drought appears to have struck the "a
rop.
Admitting that, when scrutinized by
ne scholarly eye, peace conveys to the
lind adlfferent meaning to that Of piece
has no age over 1t when conveyed to
ne understanding phonetically. Hence,
nouid witness on the stand testify to
ne fact that the defendant had disturbed
he peace, the import of the word would
e determined by the sense in which It
as employed, and the same process of
'asoning would obtain a. applied to the
ritten instrument.
Therefore the court holds that the
'mplaint, while n little wobbly in it's legs
regards literary makeup, is abundantly
lfncient for all practical purposes, and
lis IL not court in which abstract
leory will ever be- invited to a seat up ,
,xt to the stove and practical demonstra- .
On allowed to gnaw file in the back
Ill. We take it for granted that Justice .
ould get along as well and sleep a. |
undly should conviction be secured for {
sturbing the piece as though the same |
rdict had been obtained for disturbing c
g peace. The fine would be no harder /
pay for the person so convicted, the rup- =
red peace would recover its normal func- /
IN as early, and the revenue accruiny To .
G county by reason Of the fine collected .
'uld build IA many bridges, court c
uses or Iails. The chief end and aim of II
justice court is to put the kerbosh on v
me wherever it shows its ugly front. o
d not to attempt to compete in ortho- o
aphical finish with the bill Of fare at n b
81 rate restaurant in drawing up bills 81
Indictment. Scholarly attainment Ia Il
well and good, but the crucial moment T
netimes arrives when justice presses D
r lily white hands to her stomach and al
arms to be satisfied W
We do not desire to be- understood "a
'oring the conviction Of n party for one d
ense when charged with another For in
that we should desire a man hung IL
en- he should only have the seat Of his e,
lts kicked into tatters and his plug OF ii
'acco taken away from him. Neither es
we favor the release Of n party when It b'
vident that he il guilty simply because b.
Indictment whereby he IL brought be- VI
the courts would fail to provoke ap- Ia
use from literary society. So, with 10
RENE desire to do the square thing be m
zen legal form on the one hand and ha
toed justice on the other, the court in
be forced to sustain the sufficiency Of tn
indictment and leave the rest to the wi
= and its God"
hen the trial was entered into, and aft In
he evidence was taken and n pyro- lo'
mic display Of oratoTy tor ed of bv vi,
counsel on either side Of . case. the Co
found the defendant gui. ! and fined tn
- and trimmings for disturbing the do
ece. "-Galveston News Of
tIr