The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-02-16
Judicial Reform.

The problem of reforming the work.
ings of the minor judiciary is receiving
increased attention throughout the
commonwealth. The Pittsburg Dis
patch. which has led I'm the discussion
of this subject by presenting, from time
To time. information drawn from for
eign sources, is now doing an equally
valua bic service in gathering from Penn
sylvania jurists of renown suggestions
as to practicable methods of improve
ment In view of the fact that com
mittee of the Pennsylvania Bar asso-
citation, appointed last summer at Cres-
son, is now considering whether any
system can he devised or tribunal es-
t3blshed by means of which petty
Cl Climinal cases can be promptly de-
termined without reaching the court
of quarter sessions" these suggestions
are inclined to be broadly general in
their nature, but one or two Of the
judges who have accepted the Dis
| patch's invitation to debate the subject
have reached down to details.
Judge Sam Miller of Mercer, for in
| stance, gentleman famous for his de-
cGed opinions and his manly willing
| ness to express them, gives his ideas
| in incisive English. Il would not
| favor says he, changing the law
| relative to the trial Of civil cases. APP
reJls are now allowed from the judg-
| ment of justices and aldermen when
| the sum exceeds $500. | would not in
| crease the amount. As it is, injustice
| is sometimes done defendant. /
| would, however. advise that the law
he so amended that an appellant should
not be allowed an appeal from a JUS
| tCc or alderman. except by leave of
| court first had, without the payment of
costs and entering security for accru-
| ing costs, and also empowering the
court, in its discretion, to require the
appellant to enter security for accru-
| ing costs after the appeal was filed in
| court. This would discourage many
| litigious persons from carrying their
| unmertorious cases into court. AS to
criminal cases, l would advise a radi-
| cal change in the constitution and laws
of the state. l would so amend the con-
stitution as to abridge the right of trial
by jury in large number of cases
Where the charge is of a trifling char
acter. There is no reason why all cases
of assault, assault and battery. carry
ing and pointing firearms. cruelty to
animals, dsorderly houses, disorderly
conduct. disturbing public assemblies,
many Of the offenses relating to cleo
tions gambling. illegal sales of liquors,
| the lower grade of larceny, robbery,
| burglary and receiving stolen goods
malicious mischief. prize fights, va
grancy and very many other cases
should not be tried by judge learned
| in the law without a jury, except in
such cases as the judge. after indict-
ment found. should certify for jury
| trial. Such a change in the constitu-
tiCn and laws would save the expense
Of Jurors and greatly limit the costs Of
witnesses, and justice would be meted
out 10 all parties as effectually and
certainly as now. Summary convic-
tons for many offenses created by stat
ute, and unknown to the common law,
are now triahle by the magistrate
| without a jury. The list should be
greatly enlarged. and include many
cases now tried by jury. This would
relieve the burden of the courts, as a
Judge trying the case alone would be
able to try half dozen in the same
time il now takes TO try one"
At first glance this proposition seems
exceedingly radical But the evil in
localities like this is one that will need
something radical to cure it. We sus-
pect that a man fit to be elected judge
is fit 10 exercise the enlarged power
which Judge Miller contemplates. If
the people should choose to elect judges
whom they dared not thus trust, that,
we should fancy, would be their look
out.