The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-02-23
TWAS CLARA FOLTZ'S BILL.
Public Defender Act Which Senator
French ESpOused.


When Senator French introduced his
bill for the creation of an office to be
known as the public defender in each
county, he confessed that it was by re-
quest, but not until recently did it
leak out who it was that requested the
introduction of the bill. 1t is, how
ever, similar to one which has been
introduced in the legislatures of other
states, and it was drawn up by Clara
FoltZ, one of the feminine members Of
the New York city bar. In defense of
her bill, which was defeated in the
senate judiciary committee, so far as
this state is concerned, she says:
The state is far more vitality interested in
saving an innocent man from unmerited pun
ishment than in the conviction of a guilty
one. In the eyes of the law every man is in
nocent until proven guilty, and the presump-
ton of innocence goes with him through
every step OF the trial till the verdict is rem
dered. The public prosecutor is usually
bued with the idea that he must secure
conviction at all hazards, SO that he may
him is an army of police officers and detec
tives, ready to do his bidding and before
him sits plastic judge with a large discretion,
often affected by newspapers and police Of
prisoner. police impelled by venality to
justify its arrests, and inoculated with the
error that it is the states desire and duty to
convict In any event, aids in the prosecution
by colored testimony, and overawing presence.
Frequently hired counsel are joined in the
prosecution. and they in no sense represent
the majesty of the state, but more often
the malice of prosecuting witness. Trials
which should be calm and solemn investiga-
tons, unmarked by prejudice and untainted
by rumor, degenerate into legal battles, in
which the highest personal rights are subor-
dinated and trampled under foot in the reck-
less desire to win. For the conviction of the
accused every weapon is provided, even those
which are too often poisoned by wrong and
injustice.
The states attorney, once equally interest
ed in the state and the accused has become
prosecutor only, and his very name is
changed in common legal parlance to that of
public prosecutor" The judge declines in
every instance to interfere in behalf of the
prisoner unless specially requested to do so.
When prisoner has the means to hire
counsel the law compels him to procure his
own. If he pleads poverty and announces
court to appoint counsel for him. This coun-
sci, however is not provided gratuitously.
The accused is under actual legal obligation
to pay him. If he ever becomes possessed
of property the lawyer can enforce payment
for his services. The most that can be said
of this system of furnishing counsel is that
1T is plan of compulsory credit, by which
the legal profession is compelled to give credit
to the pauper.
The rule is that court appointees are Who'll
ly unable to cope with the public prosecutor.
Those whose ability commands a law prac-
tice are seldom chosen. The appointees come
from the failures of the profession, who hang
about the courts hoping for stray fee from
the unfortunate, from the kindergartens
of the profession, youths just let loose from
college and anxious for practical experience.
The federal constitution, re-enacted in al
most every state, guarantees to the accused
certain rights. If the constitution has been
rightly construed, with reference to the other
rights mentioned, then it guarantees to the
accused the right Of counsel
The chief and highest function of govern
ment is to secure the lives and liberties of
its people. The remedy for many of the
evils of the present practice in the criminal
courts lies in the election or appointment of
a public defender. For every public prose-
cutor there should be a public defender
chosen in the same way, and paid out of the
same fund. Police and sheriffs should be
equally at his command, and the public treas
ury should be equally open to meet the legiti-
mate expenses of the defense and the prosecu-
ton alike.
The creation of a public defender would
prevent the innocent from being railroaded
to prison. 1t would prevent INSCRIPTIONS
lawyers who frequent the courts from getting
hold of prisoners and fleeing them without
giving proper returns, and it would prevent
many innocent persons pleading guilty
simply because they believe conviction sure
and in order to escape easily as possible
from the charge they have not the means to
disproVe.