The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-07-22

Correspen1enf Takes m Inau39ent
View 90 Hts Aesfsna.

- 49, SEsnO1s
seassse. Inay n 80
To the Editor. Jusxe JaccnA prsafasnx
over tAe criminal department az the suDe-
rser court Ii The subject Of an editorial OF
yours this morning GA whfch visa 70
make a few commenn- I am not inter
es1ea In the criminal business before his
court except ~ . citizen DESTROYS that 90
csefy shall b protected from criminals
without overtkrowtnS che onx-recoEnised
safeguards against arbitrary power. and
wiz not speak a. esampioa Of either the
judge or the proeecnfsng attorney. far
respect them both a. able and faithful pub
lie servants
TIE law preSames every man 90 be tnfso-
cent until he has SSen proved guilty In
regular course Of judicial procedure. Ell
ferfence has shown this 20 be d wise a.
well a humane presumption The Law
- mere civilized than the average man.
and policeman and deputy shsriffs are re-
craif~d from the ranks OF the average man.
BY instinct and by habit they are prone
70 regard accusation as equivalent TO
proof. and pending trial they would treat
the accused as guilty. TIE policeman
everywhere deiests all the methods OF pro-
ceiure by which gait Is legally ascertain
ed. When he u satisfied that q given Of
fenss has been committed by cersaaa.
person. he thinks the punishment shonid
be Immediately inflicted. and 50 does many
a man who regards himself a. intelligent.
The same idea seems Ia have crept into
your editorial for you say that the saer.n
OF the county king has undertaken the
arrest and punishment OF wrong -doers.
etc By what authority pre~ docs ne un.
deriake such punishment Meme 10 found
IN the constitution or laws Of the state
These make HIM merely an executive OF
ncer. and they give 20 the courts tns
power OF melting out punishment TO wrong
doera
chs is mere petfifogging. OF course
the exact meaning OF the sentence crlti-
cised could not be misunderstood ey any
intelligent person. The sheriff arrests per
SONS that they may be punisned.-Eaitor
Pusx-Inteiigeucer.b
The constitution of this state declares
that governments "are established to pro-
tect ana maintain Individual riEA,s" This
IL the keynote of free institutions. and IL
Is never more beneficiaiiy appealed to than
in the case OF one charged with crime and
awaiting the demonstration OF his guilt
or his innocence. The constitution further
declares that excessive bail shall NOT be
required. excessive fines imposed. nor cruel
punishment inflicted" and IL makes provi-
sion for courts TO give effect 10 these and
other similar declarations The constita-
ton hreathes the spirit OF advanced cisili-
ration. bat there Is not posicsi'fan or
deputy sheriff in the state who does not
at one time or another chafe under these
restraints upon arbitrary wiiL The judges
are bound by solemn oath To obey and
put tfsc tSisShta>ttfi anu NAVE, tANit
lay critics, as rule. are under no such
obligation.
Tie best Of men may honestly differ as
TO the wissst and most effectuai mode Of
treating those who are convicted OF Of
lenses against the law, Some favor the
vlndlctiee theory Of punishment: others,
the Christian or humanitarian theory
which seeks the reformation and saliva
ton OF the cuipris. The former would
have ian eye for an eye and tooth for
q tooth;" the latter would exclude revenge
from consideration and try TO make even
tuaily good citizen out OF the law
breaker. A third class would steer be-
tween these extremes and inflct such pun
ishment as would have a deterrent In
brutalize the offender The judges
throughout the United States are divided
into three classes. representing these three
varying ideas Judge Jacobs clearly be-
n large part Of the great success which
Prosecuting Attorney McEiroy and his
deputy. Mr.. Hart. have had In securing
convictions before Judge Jacobs is due to
this fact. II il well known that turies
will not convict where they consider the
Judge cruel and likely 10 impose unduiy
severe sentences There Is an irronress.ble
conflict between the bloodthirsty Judge
and the intelligent jury. 1t is much more
important that the judge and his juries
should be In general accord on this Ques-
ton than that he and the prosecuting at
torney should always agree. Then. too.
the court OF last resort, removed from
the influence Of local prejudice and pas
sion, should always be taken into account.
The supreme court OF this state has. I be-
iieve. In every instance but one. upheld
Judge Jacobs rulings In criminal cases.
This Is an unusual record. Thus We have
iuries, trial court and supreme court in
general harmony. We can well afyord in
such circumstances TO witness a little
friction now and then between the trial
court and the prosecuting attorney. The
interests OF society are protected here as
fxtfl.s <Af he mt. f1ap
men the world over are constantly dis
agreeing, and King county cannot rea-
sonahly expect 10 form an exception TO the
universal rule Quiet your fears! There
IL no need Of a vigilance committee In Sc
attic. 1.E-TOR.