The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-08-12
REFORM OUR COURTS


ing demanded these times by the PEG
pie of America, who are fast making
ND their minds to become the rulers OF
America. as guaranteed by the consti
tuition. That the people have not beer
the rulers few will deny. They have
been ruled themselves and by various
forces which have developed with each
succeeding decade. The politician
and professional statesman did the
ruling for the first fifty years Of the
country's history. For the next half
century the country was largely ruled
by its wealth through the law making
power. For the past couple of decades
the incorporated and combined money
| interests have ruled not only at the
hands of politicians. law makers and
executives, but very largely through
| the courts and their lawyers. The in
| curry of the average court is no honor
as TO the equity of case, but as to its
technicalities Justice is nothing. pre-
cedent everything. A technicality out
| weighs any fact however potent and
precedent overrides all rights. 1t has
come TO that pass that congress itself
| is impotent and its most solemn act of
no force until the supreme court and its
| lawyers have approved.
The hope of the people and their rule
/ is in the press. The fearless and hon
est newspapers of the country SKIM
ed the United States supreme court for
its Tedgerdemain tumble of the income
! tax. The people, be their case a tax
on wealth. freight-rate discrimination,
an illegal bond issue or what not. have
no show in the higher courts. 1t is
foregone conclusion in every case Of
''The people VS., the Corporation" that
the plaintiff is worsted. The individ-
ual criminal pays the penalty only
where he cannot command political or
money influence The press Of the
country is crying out against these
court abuses with such effectiveness
that lawyers themselves are being
forced to take notice.
The Bar Association of Texas has
Just held its annual convention at Gal
weston. and has set an example worthy
to be followed by similar associations
throughout the country. The burden
of the address was the crying necessi-
ty of reform in methods of procedure
in the courts, particularly in the mat
ter of appeals, and a committee was
appointed to report practical recommen
dations to that end. This committee
proposed three specific measures Of
legislation as essential, and the assO
ciationo endorsed its report.
The Court of Criminal Appeals in
Texas has become notorious for the IA
vor which it shows to pleas for the re-
versal of judgments upon the ground
Of purely technical errors. A fair sam
pie Of its methods is afforded by case
which we have previously cited. but
which is worth recalling. Groveton is
the county seat of Trinity county in
Texas. A robbery was committed at
Greveton. There was no question
either as to his guilt or as to the fair
ness of the proceedings against him
in the court where he was arraigned. |
Nevertheless his case was carried UP !
on exceptions to the court Of appeals, |
and that tribunal set aside the verdict |!
on the ground of a fatal error in the |
trial. This error consisted in the fact |
that the indictment only specified the |
crime as having been committed in the |
town Of Grovteon. state of Texas, in |
stead of the town of Groveton. county |
of Trinity, state of Texas Although !
there was but one town of Groveton in |
the state of Texas. the court held that |
the accidental omission of the name Of |
the county invalidated all of the pro-
ceedings in the case, and that the prose |
cution must make fresh start
Mr.. L. ". Ball of Fort Worth read |
a paper before the association which |
was most emphatic in its arraignment
of the existing system. What can
say" he asked, when | speak of our
criminal law and procedure: Can
l do aught but voice the general sent-
ment of the people. and say that it is a
stencil in the nostrils of every honest
and law-abiding man in Texas" He
complained that 1.-The solicitude Of the
courts for the constitution and the bill
of rights is such that they adjudge
them To be invaded every time q red
handler murder or highway robber is
convicted without observing all the
our beautifully complicated system Of
criminal procedure" and he declared
that the decisions of the criminal ap-
pellate tribunal in hundreds OF cases,
by which known and VIGOROUSLY guilty
persons have escaped punishment. ''ful
~ and completely demonstrate one OF
the other of these two propositions,
that our criminal law is entire
ly insufficient for the purpose OF pre-
venting and furnishing, or that the
courts who have delivered the opin-
ions in these cases are utterly imbecile
and ignorant
\ striking address was delivered by
Judge E. ]. Simkins OF Corscana. He
the central truth, SO often
overlooked. that 1.-The great aim of all
judicial procedure is 10 administer sub
stantial Justice" and he declared that
when this result is accomplished.
though errors are committed not inju-
rioJlsly affecting the real merits Of the
eaSe. the Judgment ought TO be az