The San Francisco call., 1897-06-05
CRIME AND THE LAW.

The new phase given the Worden and
Durrant case by appeals taken to the Su-
preme Court OF the United States will call
renewed attention to those defects OF our
Judicial system VIII ch render it lmpossi-
bic 10 bring about the speedy punishment
OF convicted criminals whenever they have
money or influence sufficient to make a
strong and q prolonged struggle against
the law
The statute under which the appeal is
taken seems TO render it imperative on the
part of Circuit Courts to permit appeals
whenever they are asked for. In deciding
the Jugiro case, which is regarded as
binuing precedent in issues of the kind,
the Judge said;
This is the seco-d application to this court
for writ OF habeas corpus by this petitioner
under the same conviction, and two of the
grounds upon which he bases his present ap-
plicst.on existed when he made his former
application. Whether this is the second or
twenty-second application, however, is imma-
terial. Under the statutes as they stand it
seems to be left to the petitioner alone to de-
termne not only how many times he will ap-
ply for the writ and whether he will appeal
from Its denial, but also how often he will. by
such appeal, invoke the GpeI alton of section
766 OF the Revised Statutes of the United
States. which provides that, until final judg-
ment thereon, any proceedings against his
person under state authority shall be null and
void.
There can be no doubt as to what will be
the result of the new practice. 1t will
hereafter be i'm possible to execute a Grim
inal under State laws within the time fixed
by the State courts. The lawyers of the
defense can wait until the day fixed for
execution is near at hand and then make
an appeal to the Supreme Court thus
postponing the execution for months.
The effects of this new form of delay in
our judicial proceedings will be wholly
bad. The influence OF law upon criminals
depends largely upon the certainty and
vigOr of its exercise. If the Grim nal had
reason to fear that his punishment would
follow swift and sure upon the commits
sion OF crime he would hesitate much
more than he does now that he knows
the statutes provide a thousand means
for his escape from any punishment at all.
IL Is not upon the criminal class only
that the laws delay has q bad effect. The
popular faith II he ability OF the courts
10 deal with great crimes in prompt and
sufficient manner has been weakened, and
as result there has grown up among the
people a tendency to take the law into
their own hands. This very morning we
publish reports of the swift vengeance OF
lynch law executed by one of The most
peaceabIe and lava abiding communities
Of Ohio
We must have prompter firmer, surer
administration a of the law against crime.
The proportion OF murders and homlcides
TO the population in the United States has
already be come disgrace TO our viliza-
ton and Is rapidly growing to be a menace
to society. Where statute law continues
to interpose delays on behalf of criminals
lynch law will continue to increase its
advocates and multiply Its victims. In
defense, therefore, of innocent men sus-
pected of crime as we'll as for the purpose
OF making certain the punishment of the
guilty there ought to be some speedy re-
vision of our laws, so that the courts can
deal adequately with the crime of murder.
We are not a blood thirsty people. We
have no desire to rush accused persons to
the gallows without a fair trial ana full
time for defense. Nevertheless, it is true
that by public sentiment in this country
as we'll as by that of old Rome. "the court
is condemned when the guilty are abb
solved"