The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-05-27
THE p,scaxTioS OF COURTS.

Judge Jacobs has found q defender
III "a gell-knosu attsEnsy'' who does
not gsYe his name, but rs Re presents
Judge Jacobs position. the little IL
regularity mag BE ov-<looked- i. Is i'm
material whether Judge Jacobs or al
attorney made the remarks, they deal
with The question. and that is sufficient.
TIE '-weii-Enown attorney says:
TIE sentiments expressed In tn. Poet
IntsIlige1csr Sunday morning. that the
cotr. staoal6 coasadsr tie abnormal STU
alton - the past winter ard lay down the
"a differently than Z would a. other
times. are ihs satjec. OF more O. less I'D
icaAs ~ lawyers generally. The 41ea that
the judicial department. Of the govern
inert should have cne ks-a os tas;xcs
6uy.ag periods Of excitement and ansther
kind When everything Al serene, Is s5-
EaE5.''
The impartial reader will remember
that The Post-inteil.geneer did not say
what /; is credited with. II dId not say
!. tha; the judicial department % the gov
ernnens Should have one kind Of JUS
;ice during periods q excitement aud
another kind when everything is Sc
rene. II does criticise that kind OF a3-
rlinlstration Of the isw which devotes
Itself too much 10 technlczli,les and not
enough 70 the merits ~ the case before
81 IL sees as a resul. OF this. criminals
whose guilt in clearly established IN the
minds OF this whole cour; and every
body concerned In the ease. permitted
TO escape because CO some little differ
enes CT opinion as To phraseology IN
the Information. The Post-InteilI-
geneer sees. as the public sees. that this
!. o tirn@ when justice should be little
mare stern than IL need be a, others.
II IL not sUeh very unusual thing
fo~ Judge 20 lie lenient when there are
extenuaung circumstances; and Il Is
not a very unusual thing for Judges 10
make an example.
Fer instance. for every offense q
specified character. the Law prescTibes
3 minimum and maximum punishment.
leaving Il entirely 10 the discretion Of
the Judge 20 determine which best suits
tsa case before Il. Tils is the kind Of
exercise a. this time in favor &c the
public and against the criminal
Most os the criticism directed at
Judge Jacobs has been on account OF
his holding that an officer does not
have the right ~ arrest without a war
rant. This is certainly no, The general
impression; and tha; impression is we'll
founded. The general rule is. as laid
Down b. Justice DAnman. although OBJ
served long before his time. tha, Ia fel-
ony police constable may arrest with
Out warrant. The reason why notice
Is not required Ia such eases IS because
the criminal must know the reason why
he'd that where a prisoner vas caught
in the act OF wlllfully cutting certain
flowers fgoTu i.ants In = garden. Il
was ret necessary for a police orlcer
10 INFORM him what his oTense was,
and tha, be was justified In arres.ine
the offender.
II is 10; necessary IN enter upon :
long disposition of the Law on this
subject; Courts have always taken q
common sense view that II al oG.eer
should leave an offender while he hun;.
81 Up the proper authority 20 obtain
g warrant the prisoner would probably
escape.
The question whether prisoner has
been arrested ;as;ihahly IS another
proceeding II the offender Is proved
guilty. ef the crime with which he Is
charged. # IS a matter q small moment
how he was arrested u lie should
prove 10 be innocent. he has another
remedy. X IS very rarely that an
innooen; person IS arrested: II the
police were IN ths haal; cs arres;lng H.