The herald., 1897-10-26
TUESDAY. OCTOBER 2e, 1897.
ABUSE OF THE LAW

1t is a good sign that the thinking
portion of the community is beginning
to consider in earnest the problems that
have arisen regarding the laws, their
administration and Interpretation. Such
consideration, and more is needed, the
situation calls for.
There can be no doubt in the minds
of those who have taken intelligent note
= of Justice as it is administered now
adays that the intentions and the mean
ing of the law are perverted. 1t Is not
so much that we have poor laws or that
we lack laws; it is the way in which
they are interpreted and carried out
The statutes, that purport to protect
society and punish the criminal, are
made to protect the criminal and de-
moralize society.
There are three chief factors in pro-
ducing this unfortunate condition Of
affairs, incompetent or corrupt officials,
indifferent juries and unscrupulous
lawyers. For the first and second the
people are primarily responsible, but
who shall be held responsible for the
lawyers?
The Herald does not want to be mis-
understood. 1t has a great respect for
the legal profession, regards it as an
indispensable adjunct to society, and
holds it's exponents to be in the front
rank in every intelligent community;
but that abuses have crept into the
practice of the law cannot be denied.
Is it not the chief end of the law that
Justice shall be done? Then what is the
chief end Of the legal profession? Is it
to uphold the law, or to defeat it's ends?
1t is getting to be so that the most
successful lawyer is the man who wins
his cases. That does not mean success
in the best sense of the word. 1t i'm
plies, if one is to judge by some recent
developments, that if the law stands in
the way it must be outwitted, overcome.
.trampled upon, anything to bring the
client out ahead. The smart, unscrupu-
lous lawyer is the greatest and most
dangerous foe the law has to contend
with.
In the hands Of such men the law be-
comes an instrument, not to defend So
ciety, but to protect the criminal Such
a case was observed at Santa Monica
recently. And we are told that nothing
can be done.
Another factor, of greater age and
perhaps less dangerous, but none the
less annoying, is the laws delay. Jus
tice swift and sure" is no longer known
Senatorial courtesy was never SC
abused as the laws courtesy is today.
The grown brother of Delay is Techni-
cality. Technicality is a god before
whom lawyers bow, though it makes
Justice nod. There are ten condemned
penitentiary at San Quentin that are
being protected by delay and techni-
cality from paying the penalty of theil
crimes. Four have appealed to the United
States supreme court. There is no rea.
sonable doubt of their guilt; their law.
yers are proving their smartness, de-
feating the intent and purpose of the
law and befuddling justice. Any Grim.
inal can secure practical immunity from
punishment if he has money enough ant
hires the right lawyers.
This seems a severe arraignment, ant
it may not be applied to the legal pro
fession as a whole. Still the evils exist
and they are growing all the time
Something ought to be done. The peopl,
are responsible for the officials the,
elect to decide the law and impose it,