Mower County transcript., 1898-06-22
COURTS OF JUSTICE J.

Outline 81 An Address Before the
Austin High School by L.
French, Esq
One OF the most instructive in the
course Of recent talks to our public
schools BY our prominent citizens was
that given BY Lafayette French, Esq,
on Procedure in Courts Of Justice"
He said in substance:
Few people are cOnversant with
ordinary judicial processes. People
often speak OF the supreme court
rendering a verdict, whereas, it does
pot do any such thing 1t does not
pass on questions Of fact, but only on
points OF law.
The necessity Of courts is based on
claims to be enforced, and wrongs to
be redressed. The place Of courts ia
TO interpret law, and also as really to
enforce law, as does the executive de-
partment. .1.s ~
The classes OF courts may be coDsid-
cred broadly, as state and federal.
These are separate and distinct, cases
not being generally appealed from
state to federal court, unless federal
question is involved during the pro-
gress Of the trial; but each is supreme
within its own sphere.
The different courts within the
state, are justice, probate, district
and supreme.
Most of the important cases begin
and end in the district court, no mat
ter what the magnitude Of the
matter may be.
The supreme court is revisory in its
nature, affirming or reversing the de-
ciSiOnS OF the lower court, On proper
appeal.
Errors in admitting or rejecting evil
dence, as we'll as errors on part of
Judge are here rectified, although the
Judgment Of even the supreme court
cannot be considered infallible. since
It sometimes reverses it's own de-
cisiOns. A decision of the court, no
matter whether right or wrong, must
stand as law and be obeyed till set
aside or reversed.
The proceedings in both civil and
criminal actions were then illustrated.
BY "the court" is generally meant
the body of officers, who conduct the
business of the court, as Judge, clerk,
sheriff, attorney. The term is also
applied solely to the Judge himself as
in the expression, "if it please the
court"
8 Mr.. F. purchased bicycle of Mr.. D.
for 800, but refuses to pay for same.
Mr.. D. sues for the amount. This is
q civil case, as between man and man.
II there were no resort to courts such
cases could only be settled by the SUI
peEior physical force Of one party, and
then perhaps not in accordance with
equity,
A lawyer draws up complaint, re-
citing the circumstances OF sale and
files the same with the district court
clerk. A summons is then issued
the defendant to appear at
stated time to show reason why the /
debt should not be paid.
The defendant makes and files his
answer with the clerk. He may claim
fraud on part OF plaintiff as cause for
and may even put in
claim for damages. The
ISSUE is now clear and the trial pro-
;eeds.
AAO JuueO pIOSlOOos pdSsluS VI Oil
questions of laws that arise, and at
close of trial, charges the jury and in
;tructs them on the points Of law
involved in the case; but no one can
n any way interfere with the jury in
leterming what facts were established !
~ the suit. They are sole Judges.
The clerk keeps record Of all the |
and this is considered a
rue record for all time to come.
The sheriff or his deputies are pres
mt at each session to keep order,
1raw jurors, take charge of the same
and carry out the verdict of the court.
The grand jury consists of not more
than twenty-three freeholders, who |
INQUIRE into all Offenses committed !
within the county.
They bring in the indictments and
turn over the cases for trial to petit
Jury.
In arriving at their decision, they
have the legal advice of the county
attorney and examine witnesses for
the prosecution.
The history of the origin and deve-
opment OF the jury system is as in
teresting as novel, but there is not
lime here to explain this matter.
The petit jury is sole judge Of facts,
and when it is made up Of honest, in
telligent, console ntiOus men, is bull
wark Of liberty.
A reporter appointed by the Judge,
holding position during pleasure of
jhe same, takes in shorthand the
details Of all the proceedings and
the same for the clerks
'ecOrd or for review by the judge In case
)f request for new trial or appeal.
In drawing a jury for a civil case,
The parties have a right to strike out
three from the list, without assigning
my cause, others may be stricken out,
~ showing sufficient cause satisfac-
Tory to the Judge.
On the completion Of the jury, the
plalnttH states his case, reads the de-
Fense and states what he proposes TO
prove. s
Witnesses are then sworn in to
establish his side of the case. He
then rests his case. Much the same
g done by the defendant. Then the
defendant sums up the case and
argues before the jury, trying to con-
vince them Of the righteousness OF
his side. The plaintiff. does the same.
#t The iilC1Oe r ha rupa 4 ha i l1rv q Il a fore.