Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-12-02

Reform with Respect TO BAH Bonds.
The Delawarean OF last week rosHnts,
and also refuteH, the charges made hy
the two Union Republican organs in
Iiont county Of a partisan Rdministra
tion of justics by the court recently in
session at Dover. One of tho charges
made was that partisan iurios wero So
cured through the action of the Levy
Court in putting none but the names Of
the grand and petit jury pamela wore
drawn, and the Delawarean, while adj
uniting that it does not know whether
the accusation is true or false, very |
properly adviser the Levy Court, with
sincere earnestness, to place the names
of men of all parties in the boxes from |
which the juries are drawn. 1t would |
not be surprising, however, il this
charge were truo, as the Republican
majority in the Levy Court of Sussex
county set tho example of securing
partisan iuries in this manner, several
years ago. In this case the Republican
majority went to the extent of refusing
to permit the Democratic minority
members to place names in the jury
boxes OF their respective hundreds,
bur assumed the task of filling all the
boxes themselves, and thus Recured the
drawing OF iuries practically solid in
their political complexion. That thiH
act of gross partisan injustice should
induce reprisals was only natural, al.
though If the Kent county Levy Court
retaliated in this manner it was guilty
of wrong act.
But tine particular case in which a
partisan administration of justice was
charged ia altogether different 1t was
cited that at the recent session Of court
white man whose antecedenta and
connections are said to be Democratic
escaped trial on a criminal charge,
while negro who was accused of being
connected with the same crime pleaded
guilty and is undergoing punishment
This case when rightly understood does
not furnish any evidence of partisan
administration of Justice, but it is an
apt and forceful illustration of our lax
and faulty system of bail. The white
man furnished bail and disappeared !;
the negro did not give bail, but ap.
peared in court and confessed his guilt.
1t is true that this proceeding, on its
face. does appear somewhat partisan,
but il really was not, as the Della
warean completely proves in the follow
ing reasonable explanation:
or course, any man accused of crime
who appears in court and confesses his
guilt cannot escape punishment. Neither
can tho Escape OF man who ia out on
pail very we'll be prevented. The right
OF person accused OF any ordinary
3. crime to give bail is one OF the bul.
warks OF our liberty. If this privilege
should ever be denied or uniustly
abridged our iails might soon be filed
with innocent citizens upon trumped
up charges. And our Bill of Rights
very properly guarantees that excessive
bail shall not be required. The great
trouble lie that bail bonds usually
means no little. If man ia out ON bail
and docs not appear for trial, his bail
bond is forfeited, aud this Is usually
the end of the matter. No steps are
taken to collect the bail bonds. Indeed,
we have been told that mon sometimes
go on bail bonds for a slight money
consideration, ard with reasonable
certainty that the bonds will never ht
collected. This 10 public evil which
cries aloud for remedy. Unless some
thing ia done TO correct il, the evil il
likely TO ba much worse under the nov
Constitution. For now writa Of errol
are allowed in criminal cases. il a mar
after conviction in the Court OF Gen
eral Sessions takes out q writ OF erro
and can furnish bail, he is entitled tt
his freedom until the case is final,
passed upon. If bail bonds are not Il
be collected, tho door is wide open 70
the escape of criminals. At the mex
session Of the General Assembly an ade
quste remedy should be provided 70
this evil We would suggest that
clause be attached to all bail bond
authorizing the clerk of the peace t
confess judgment and that he he re
CURED to confess judgment immediatel
after the forfeiture of the bond. Ad
= to this IA proper provision for the col
lection OF the bond after Judgment
confessed. Ii any l,etter plan can b
suggested it will receive our heart
support.
1t will not be denied that there ha
been laxity in the forfeiture of ba
bonds in this State, but it is defec
that the Legislature can easil
remedy, and should do so. 1t may con
prise some of the legislation that is at
solutely necessary at the coming &C
iourned session of the General Assem-
bly, with respect 10 our courts an
which it has been suggested that th
judges assume the duty OF preparing
There has never been any real partisa
administration of justice in this Stat
so far rs the courts are concerned, a
though trial iuries have frequently hes
awayed by political prejudice. We Al
convinced that the present members
the judiciary would desire to avo
even the appearance of such an evi
and il Liquidation be necessary to th
end, any measure prepared by the
would no doubt be promptly enacted
the Legislature.
1t ia probable that an act for Il
restriction of immigration will
passed by Congress at it's coming go
sion. one OF the provisions of viii,
will bs to make the reading of the Co
stitution of the United States, either