The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-06-07
ARE LAWYERS TO BLAMEs

porfunity to dodge an issue when X -
souarelv presented 10 him He has been
invited by Eastern newspapers to say
whether he thinks that there can ever Dc
sufficient warrant In the atrocity OF crime
to excuse iynching, but he refuses TO go
on record by expressing an opinion. THIS
sort OF lodging will not justify him before
the people. He may escape the criticism
of those who might not agree with him.
but he cannot escape the silent animadver-
sion which the people never fail to pass
upon moral cowardice.
We believe the sentiment of the people
on this question is emphatically Yes"
II may be a reflection on the administra-
ton of the law, but there may be circum-
stances under which lynching Is justiiia-
BILE, but they are exceedingly rare, and the
consequences of a mistake in the oppor-
tuneness of the act must be borne by those
who attempt TO exercise it. If the ques-
ton be asked as to the particular case
which suggested the inquiry. the answer
is NO" II is never justitiable where the
law Is enforced, where the legal punish
ment is imposed. and the officers Of JUS
tice are doing their duty.
The governor takes the occasion to shift
the blame on to somebody else. lie says
the lawyers are to blame for such out
breaks as that at Urbana, and i'm doing
so he does a great wrong. Lawyers as
counsel do not make the laws. AS coun-
sci. as officers of the court, as the repre-
sentatives of the accused. they are by
their oaths compelled to do all they can
for their clients. No lawyer can do more
for his client than the law allows, and to
do less Is to be guilty OF wrong TO his
client. The accused is not always guilty.
He may be guilty of participation in an
act which does not make him guilty Of
the offense with which he is charged
The great fault is in the law and in its
application. The chief instrument Of
blame is the delay permitted by the law.
Appeals should be made within a shorter
time, and criminal appeals should be
heard without delay. In California there
is presented the outrageous spectacle OF
an appeal to the United States supreme
court made in June not being heard until
October. although there are so many
judges that there could be a continuous
session OF sufficient number to deal with
ordinary appeals. 1t Is very rarely that a
full bench is needed on account of the
novelty of new features presented. In
deed. there seems to be no reason for per-
hitting appeals to the Federal court from
decisions rendered by state courts on Of
lenses committed against state laws. But
SO long as the law permits 1t. lawyers
would be derelict if they did not take adj
vantage of IL. II the circumstances, In
their judgment, admit OF such an inter-
venticn.
Prompt action on appeals is tho chief
requirements In dealing with criminals.
IL an appeal by convict had 20 be made
within twenty days. and such cases were
| required To take precedence of all other
business by the appellate court. the law
yers would be unable to interpose delays.
| This is the reason why justice is swifier
and surer in Canada and England.
| Lynchings may have a wholesome effect
| In stirring public sentiment against mis-
/ carriage Of justice. but they are always
| to he deplored and are a menace 10 So
| cieyy. But it IS too much - say that
| there can never DE warrant for iynching.
! wsr Is 70 Dee dcplored and avoided yet
| no man viii say that ander no eivcun-
| stances should It he entered upon. with
| cat aeaung one lota Of respect for the al
fniuis;ratlon Of the law. and without ex-
| tending the least encouragement 20 inter
| ference with It's orderly application. the
eovernor could safely have made a cour-
| ageous and consistent reply.