Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-01-24

II You Can't Convict. win Present
Advantages, Let Him 90.

tusul, rex Jan. 23.---A philosopher
might find magnificent diversion in
studying the well-halanced (though
unconscious equation OF legislative
FORCES at work here.
One unconscious member of this
equation is the sum total of LAWYER
members; the other sum the total Of the
Iaruler-inembers or Ito be more com.
pfehensive) non-legal members.
run your eyes through the list OF
proposed amendments or additions 10
me criminal code. Find II you can.
with microscope, one such measure
whose parent Is not the brain Of a
lawyer-member. Now. get a much
more powerful microscope and search
hard and discover one such proposed
measure that does not either directly
or theoretically contemplate looser
law.
Now, on the other hand. there ia
your granger element--I have denomi-
mated him your farmer-member of the
equation moment ago. but the term
Is comprehensive and intended to COW
er ali members not lawyers He does
not monkey with your criminal code.
His bills are typically relative to meas
ures materla! and now and then he
gets mandy" ana socks II TO your
criminal In the grip OF the law when
he has n chance in the above descrip-
tion OF bills.
should say he would" sock Il TO
item did not his retrlbutive justice
die still-born In the merclless (and 1t
is providence that 1t is SOD COM
mittee room. The lawyer-member en-
Joys the advantage. OF course. in such
line OF legislation. His propositions
are usually found available" in the
committee room. just as the trained
newspaper writer enjoys an indehnable
advantage over the recruit Spencerian
or Emerson In stun for the press"
And so looser reins TO the criminal in
the grip OF the law!
To better illustrate the point of view,
let me cite a little dinner party con-
versation which occurred yesterday
between three members Of the Twenty
fourth leglslature-al lawyers-one
senator and two representatives,. A
bill has been introduced In the house
10 amend the code OF criminal pro-
cedure so that an unregistered brand
mark may be brought In as proof of
ownership in case OF stolen cattle. AS
the law at present stands such evil
dence cannot be adduced in trial un.
less the brand be registered. l make
these as statements of fact only In SO
AaA NN AlNE were hkdAtl us ldtAN ny lllE
trio of leglslators-one senator and two
representatives-all lawyers. One Of
the representatives said It would pass
the house, he thought. The senator
said It would die in the senate.
why SOP"
TOO many lawyersw
What's that got to do with it?'-
the question by an outsider.
why, bless you-the lawyers have
constituency to suoserve-thcy have a
practice TO cater to, my boy"
you are jesiing2'
mot bit OF 1t. This fact has more
weight than you might believe Looser
| rein to the criminal in the grip Of the
law"
"Ah, but the man in the grip of the
! law is not a criminal until proven sol"
And we will hedge him around with
the utmost care TO prevent him from
being proven so. Ell? l am in favor Of
| this law. By George, let the state Of
| Texas have an equal chance in main
tanning her laws against those who
| violate IT,
AN equal chance" exclaimed one OF
the lawyers, heretofore silent. what
call you an equal chance! An equal
chance! What does Texas at present
but retain the entire machinery of
trial for the purpose of convictlonl
An equal chance! why, your Judge is
| always the keenest-scented prosecutor
| of the home-bunch of otlice-seekers.
| Your sheriff IS a bloodhound, fed on
| the food OF conviction and seeking that
as the one object in life. Your prose-
! cutting attorney has the co-ordinating
| forces Of the whole machinery OF jus
| ticc at his beck and is u remorseess
| jackall or an unsuccessful prosecutor
! An equal chance! No. s irl / am in
| favor Of the accused having the broad
est and staunchest possible If shields"
What then? How does this affect
] the crlmnal2'
1.-THE question is not to the point.
Ask, how does It affect the accused
and l shall answer you"
]
Herein you have the equation al
| luded to splenddly analysed, It's
| Iawyer-member believes from practical
experience that Texas has ample
enough advantages over the accused at
the bar of Justice; while Its farmer
member cries sock II to emf De-
spite the apparent diversity of opinion
outlined in the conversation OF the
three lawyers above recited, It was as
plain as the sun that they will all vote
against the amendment in question.
Aye, and they will talk against 1t, too.
Mark!
why a brand that Is registered
1 should enjoy legal testamentary
preference over one that is not is not
the point of view at all. The point.
| vulgarly expressed, is, Texas, II you
can't convict with your present ma
chinery for conviction, you had better
j, M. LEvEoUE.