The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-05-27
r.HE f,isCRETIOS or COURTS.

Judge Jacobs has found a defender
In "a weli-known attorney" who does
not give Ills Maine. but as he presents
Judge jacobs position, the little ir-
regularity may be Overlooked. II IL i'm
material whether Judge Jacobs or an
attorney made the remarks. they deaf
with the question. and that is sufficient
The '*weii-known attorney" says:
The sentiments expressed in the Post
Tnfeillgehcer Sunday morning. that the
court should consider the abnormal stu
attoa q the past winter and lay down the
iaw differently than IL would a. other
times. are the sub5eet Of more Or less I'D
ieuis ~ lawyers generally. The .dea that
the judicial department CT the govern
ment should have ore Kind * justice
during peFiodz of excitement and another
Kind when everything - serene. is alb
x1rd.''
The impartial reader will remember
that the Post .IDteliigencer did not say
what Il ~ credited with. II did not say
that fire judicial department Of the gov
ernmen. should have one kind Of jus
tice during periods 0f excitement and
another kind when everything In Sc
rene II does crlticise that kind OF aa-
minlstrat!on ri the Law which deyotes
Itself too much 10 technIcalities and not
enough 10 the merits Of the case before
II. II sees as a result OF this. criminals
whose guilt is clearly established in the
minds Of the whole court ana every
body concerned I'm the case. permitted
10 escape because Of some little differ
ence Of opinion as TO phraseOlogy in
the information. The post-TntelIl-
gsncer sees. as the public sees. that this
ls a time when justice should be little
more stern than IL need be az others.
!, is not such very unusual thing
for a Judge TO De lenient when there are
extenuating circumstances; and it is
not very unusual thing for Judges to
sometimes say tha. II is necessary TO
make an example.
For instance. for every offense OF o
specified character. thu law prescribes
leaving (, entirely 70 the discretion OF
the Judge 10 determine which best suits
The case before &. This is the kind Of
discretion We desire 10 see the courts
exercise a. this tim. In favor 81 the
public and against the criminal.
Most Of the criticism directed az
Judge Jacobs has been on account u
his holding that an officer does not
have the right 10 arrest without "a war
rant. This ia certainly not the general
impression; and that impression IS well
founded. The general rule IS. as laid
down by Justice Denman. although oh
served long before his time. that In fel-
ony a police constable may arrest with
ont warrant. The reason why notice
is not required IN such cases Is because
the criminal must knew the reason why
he is being arrested Il has even been
held that where a prisoner was caught
in the act CT willtully cutting certain
flowers from plants in garden, I.
was not necessary for Il police officer
20 inform him what his o1ense was,
and that he was justified in arresting
the offender.
II Is not necessary to enter upon a
long disluisltlon 90 the law on this
subject Courts have always taken p
common sense view that Il an officer
should leave an offender while he hun;-
81 up the proper authority 10 obtain
a warrant the prisoner would probably
escape
The question whether a prisoner has
been arrested tastifahly is another
proceeding II the offender Is proved
guilty ~ the crime with which he Is
charged. 4, is q matter OF small moment
how he was arrested. II he should
prove - be innocent. - has another
remedy. Il Is very rarely that an
innocent person Is arrested: II the
police were in ths habit oc arrestlng in.