The evening times., 1899-09-15
THE JUDGES PREJUDIcED.
An Opinion From the Law Journe
ON the DreyfuH Case

An Opinion From the Law journal
! ON the Dreyfus Case.
/ NEW YORK, Sept. 15.-In commenting or
the Dreyfus trial, the editor of the Law
Journal" who is prominent member oil
the New York bar and well known writer
On legal topics, says in the latest issue OF
his paper that military officers were educat-
ed to fight battles, to be skillful in strategy
and defence, but were not trained to be
judges of law or fact. OF American army
officers be says:
| American officers are disposed to let de-
linquents down too easily, to whitewash in
stead of to blacken. But this is because
natural sympathy for ones social or pro-
fessional equal is not overborne by any
larger motive, such as, in the Dreyfus case
| loyalty to the supposed honor Of the army
as an institution. Indeed, outside of the
matters strictly military, a board of Off
GERS is about as uncompromising a tribunal
as could be invented for doing justice. All
OF its members are apt to have professional
prejudices and jealousies, and they have not
had the special mental training to enable
| them to lay personalities aside"
| OF the Dreyfus court-marital the editor
says:
''The rank offence of the Dreyfus case
smells to heaven. 1t is obvious that the five
officers voting for conviction did not pro-
ceed according to the evidence. Not only
was there no case made out by the prose-
cution, but Dreyfus in effect affirmatiyely
proved his innocence The majority of the
court voted from other than judicial con-
siderations; they voted according to class
prejudice and class loyalty
Grant that this is the most extreme case
OF the century, the fact remains that intel
i1gent public opinion is rarely satisfied with
! the Result OF an important court martial
anywhere. Usually the same fllegitimata
motiyes-class prejudice and loyalty-crop
out in one form or another
or courts martial themselves and the
necessity for them, the editor says
1T must, of course, be recognized that
as TO strict military offences-as to minor
matters that might not constitute even a
Tlisdemeanor under the civil law, but
which are important for the preservation
OF military discipline and ef1iciency-the
| institution OF courts martial must be
avaiied OF both in time Of war and in time
! OF peace But certainly the modern ten
dency should be toward eircumscribing and
not extending the Jurisdiction Of military
Tribunals The regular civil courts con-
stitute a machinery specially created for
hearing and determining causes and doing
justice. The judges are required to faith
ON the minute peculiarities of every de-
partment OF business and professional life
In the main they manage to grasp the facts
end also what is right in controversies of
occult and technical character. The judges
CT courts feel that the doing of justice is
their principal responsibility in life
In, regard to improper decisions by civil
judges and members of courts martial and
the difference in the effect of such wrong
and Illegal decision on the reputation of
the civil judges and the judges Of courts
martial, the editor expresses himself as
follows:
"A decision which is palpably influenced
by fayoritism or prejudice, or by anything
but evidence, is sufficient to blast the ca
reer of the judge rendering it. but mem
bers of courts martial may render scanda-
lously improper decisions without suffering
materially in the respect of their peers or,
strange 10 say in seif-respect."
In summing up the editor says:
1t would certainly forward the interests
of justice If, whenever an act alleged to
have been committed by soldier nonsti-
tutes civil, though also a military Of
fence. his trial could be had in the regu-
lar civil courts