The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-09-01
THE RKsPoSsfBILITY OF. TIE
COURTS.


fore the American Bar Association set
forth in very strong language the utter
folly and crime of lynch law. The New
York EreMiag Post Endorses every word of
Judge Cooley's address. but adds that the
courts are something TO blame for these
popular outbreaks against Law and order.
In several states mnrderers are suffered to
escape the gallows through some techni-
caliiy or the execution Of the sentence is
delayed 30 long that the edge of the AZ of
justice Is blnnted. Justice should be not
only sure. but also swift, to impress the
people.
In our own state there have been some
shameful miscarriages of justice; notably
that of Friedrichs. The granting of the
appeal Of Nordstrom to the United States
supreme court Is a recent event that in
creases popular impotence with the tedi-
Gus delays of the courts. Ii Is a notorious
fact that the United States supreme court
has regularly thrownfout of court all such
appeals from the state courts on the
ground that Ii has no jurisdiction. IL is
absolutely certain that the appeal of Nord-
strom will meet the same fate and yet our
young supreme court grants this appeal
from q man concerning whose guilt there
is no doubt and whose appeal is based on
q mere technicality.
In New York state Judge Barrett, of the
supreme court, has repeatedly declared
tina. he would entertain no appeal in a
capital case based on a mere technical
error which did not constitute an act of
injustice to the prisoner in the sense that
its correction made any difference with
the determination Of his guilt or inno-
cence; that is. he would grant no delay
for the mere sake OF delay. because the
public had rights as well as the prisoner.
and the public should not be compelled to
submit TO the expense Of technical delays
unless IL eould be shown that the pris-
oner had suffered some serious wrong on
whose correction the question of his con-
viction or acquittal rested.
The answer OF the courts TO a layman
who protests against these interminable
technical delays which block the wheels
of justice is that nobody but a lawyer
can understand these matters" The ven
cradle Lyman Trumbull many years ago
sat on the supreme bench of Illinois,
served eighteen years in the United
States senate. and has been lawyer in
active practice for over twenty years. lie
is very able iurist who recently in
CURED ''if ii is not time that our courts
should become dispensers OF justice, aud
not followers Of presidents TO the denial
OF justice7"
Judge Trumbull points out how q legis-
lsture can cure the evils of which there is
30 much complaint, by abolishing "all
teehnicalities in the way Of passing upon
case on its real merits, and declaring tn at
no judgment or decree OF a court shall DO
reversed by a court of review, on appeal
or writ OF error. for want of form or any
error in the proceedings in the trial court.
il the court OF review was OF opinion that
the parties had had fair trial in accord
anee with the constitution, and that sub
sssntial justice had been done between
them"
Judge Trumbull doubtless referred to
the administration OF civil suits where
justice has been tied hand and foot by
obstructive technieaiitles, bat the same
reform Is necessary in criminal courts. IL
criminal courts accepted the view OF Judge
Barrett. Of the New York state supreme
court. and granted no appeals IL the court Of
review believed that the prisoner had had
a fair trial and that substantial justice had
been done him, there would be swlfter
Justice wrought upon murderers and
fewer appeals to lynch law.
The courts are bound I'd make Justice
swift as well as sure. II they expect to
maintain reverence for the administration
Of criminal justice. Melody doubted the
gult Of Friedriehs; nobody doubted the
guilt OF Nordstrom. bat Friedrichs has
escaped the galloSH, There have been
CITY cold-bloodsd murders in this county
within the last ten years and not one Of
these murders has suffered death for his
crime. of course lynch as is no remedy
for this shameful state Of thlngs; lynch
lAw does not cure crime. because IL IL
= crime In itself Nevertheless the peonle
are not wholly 10 blame for their lswIess-
ness; the courts. as the New YORK Ere-ius
Pet points out. are greatly TO blame for
abusing thelr Powsrs and opportunities by
granting 8 murderer concerning whose
gui,t shere Is 30 doubt. appeal after ap-
real on mere technical grounds II any
substantial ininssios has been wrought the
prtsones. the appeal should he granted, bat
oihersiss the rule Of Judge Barrett is
sound one; never TO grant a. nppeAl on a
mere teehnieAhty. As gudSe Barrett says:
+ The public has rights as sell as the con-
Wet"
Hes courts can eIuect 20 escape the
eonseEnps and distruss Of the people when
taey suffer notoFioasly guilty men q e.
care iassios sc do net understand. When
Ws say "aot0Floasiy Euilty msa" we DO
not mean that they have t~ea pronounced
| Eailty BY an irresponsible tribunal, but We
mean cases ike ths. Of Friedrlchs who
was repeatedly found gailty. and finally
escapes the gAlloSs aud goes 70 The peat
/ tsnsiary By the intsEfsrsacs Of the supreme
court The courts are ooGad 20 protest
! the puhlie as vel As tie prisoner, and no
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