The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1894-12-04

The result in each county would be
known at the county seat not long
after dark and the result in the whole
State would be known by midnight
and announced in all the papers next
morning. This great reform would also
be a great economy by enabling the
laborlng man everywhere to deposit
his ballot without any one being
obliged to lose days work.
MURDER TRIALS
2. Trials for capital offences should
be simplified. Retaining. as sufficient
for any innocent man, the principle
that the prisoner must be shown to be
guilty beyond a reasonable doubt and
by the unanimous voice of twelve men,
there should be abolished the gross in
equalities to which the State is put in
all such trials which render it almost
impossible to convict the guiltiest man
if he is able to retain skillful and influ
ential counsel. Notably the inequality
of challenges by which the defendant
has % and the State only four should
be abolished and each allowed the same
number-say six each-as is the case
in many other States nov. The State,
as well as the defendant, should have
as formerly in this State, the right of
appeal from errors of law of the trial
judge. Lynch law hangs two men in
this State for each man hung by the
courts Lynch law exists only where
society has lost confidence in the ability
of the courts to protect society. While
retaining the safeguards above men,
toned as guarantees against the con-
viCtion of an innocent man, remove all
the disadvantages imposed on the
prosecution which guarantee the ac
quittal of guilty man, then lynch law
will disappear, but not till then.
COURT EXPENSES.
8. In every State of the civilized
world except in this State and in Iowa
the judge being responsible for the
waste of time in his courts, has a
supervisory power over the length of
speeches by counsel Tt is a power
that is rarely used, but it's existence
prevents too much waste of the public
time This was formerly the rule in
tlEs State but a few years ago un
fortunately a law was passed taking
from the judge all control over the
length of speeches by counsel. The
Supreme Court was forced to ignore
the rule as to that court and the statute
was modified to exempt it, But it is
still in force in the Superior Courts
Courts are very expensive and this
single ill-advised statute has added
vastly to the burdens of the people in
the greatly increased length of trials
without benefit to clients in the case on
trial and to the great disadvantage of
suitOrs and counsel in all cases subse-
quent thereto. Probably the majority
of lawyers would not object to return
to the law formerly in force here and
which is still in force the world over,
the single State of Iowa excepted, and
there it is said that when counsel com.
mence to address the jury the judge
goes off and plays a game of billiards
CODE COMMISSION.
9 Lastly, there should tie Code
Commission. Not such as we have
been having, which shall merely codify
the statute law, but one which shall
codify the judge made law to be found
scattered through so many reports and
reduce the whole into two or three
handy volumes. This has been done in
California and many other States
There man can see for himself what
the law is and not wait till after he has
acted on what he supposed to be the
law to find out that a court differed
with him. 1t is the lasting glory Of Jus
tinian that he did this great work for
the Roman people and reduced the vast
body of law scattered (as it now is with
ue) through hundreds of volumes of
judicial decisions and statute law into
the,one volume which has been handed
down to our day. The great Napoleon
did the same great work for France
and his Code Napoleon has been
adopted, with, slight notifications, by
over half the nations of Europe. David
Dudley Field did the same great work
for New York. How he was thwarted
by the Governors veto after his eide
had passed both houses is known to all
men. So much the worse for New
York. California and some other States
have been wise enough to adopt it
Georgia did the same good work years
before. This can and ought to be done
I,oro IN North NarOlira roaxiUo, the