Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-10-19
ADVICE TO MANILA JUDGES
LETTER OF INSTRUCTIONS FROM
THE CIVIL GOVERNOR.
Natives to He Taught the Functions
OF n Court of Justice and Their
Rights as Citizens.

As of interest I'm showing how closely
the civil government of the Philippine Is
lands is safeguarding the liberties Of the
islanders along the lines Of the late Presi-
dents order to the Philippine commission
the division Of insular affairs of the War
Department makes public the following
extract of letter Of instructions from the
civil governor to the municipal judges re-
Gently appointed I'm Manila:
AS you enter upon your judicial duties
as judges of the two municipal courts of
the city, / venture to explain to you the
purpose which the commission has had in
providing two such judges for Manila 1t
has been said. and IL is true. that in cities
much larger than Manila i'm America one
police judge has been able to discharge
the duties which are now placed upon you,
and it has been suggested that IL is unnec-
essary and therefore lacking in economy
to provide two judges here. The commis-
sion is Very clear, however, that the sug-
gestion is unfounded, and for these reas-
ons:
The dispatch of business in a police
court in an American city is exceedingly
rapid; there is a constant procession lefore
the court OF Migrants, drunkards and Petty
thieves with whose faces. names and his
tory the judge has become entirely famil-
lar The hearings are all in one language
ana there is therefore generally no neces-
sity for Interpretation The judges knowl-
edge of the persons and frequently of th,
witnesses, enables him to reach a correct
conclusion in each case with wonderful ac-
curacy and Justice; but certainly as one
sits In police court in America and OH
serves the speed with which sentences or
lines and imprisonments are Imposed he
must think. IL he does not know the cir
cumstances | have explained. that there
may be many cases In which gross injus-
tice is done under such a procedure The
military emergencies seemed to have re-
CURED a similar procedure in the provost
courts of this city, but now that civil gov
eminent is established and the course Of
justice need not be so FASTENED as TO in
volve the risk Of injustice a different
course is entirely possible.
The judges Of the municipal courts are
those ofncerS who come closer than any
other officers, not only to the criminal
classes, but also to the poor and humble
and it is from their administration of the
law that the poor and lowly derive their
impressions Of the character of iustice
which the government is administering
Therefore IL is much more important in
municipal courts than in any other courts
that every man who is charged with an Of
Tense before them should not only have
justice dealt to him, but also should receive
the impression that he is being dealt Justly
with. To accomplish both these ends time
must be taken to look into the merits of
each case, the defendant must be given an
opportunity to have counsel if he desires IL
and to have his witnesses called IL he
KNOWS or any that can support the defense.
Many Of the offenses which will be
brought before your courts are mere VIOLA
tions Of municipal ordinances or of health
regulations. Ii Is quite possible that the
people who are brought before you for a
first offense may not know or understand
what the regulations or ordinances ere.
and 1t is most essential that the trial should
bring clearly before their minds that they
are in a court of justice; that they are be-
ing tried for offense against the law
and exactly what that offense IS. Such
MAJ al ola
repetition of the offenses il is demonstrated
that the offenders are intentional iawbreak-
ers. OF course, you will have no. II few
instances of hardened criminals, 10 whom
must be melted out severe penalties; but
the greater number of defend ants who
come before You will be of the character L
have described. Many who stand up before
you Will hardly understand what ii is that
is being done. and will feel il a part of
their formal duty to acquiesca in the
charges instead Of meeting them by de-
NAL supported by witnesses. They should
be taught by the course of Justice In your
courts what their rights as defendants are.
The possibility that interested persons
may have intimidated terrorizcd def end
ants into non-reSistance to the charges is
one that the experience Of the last two or
three years requires the judges II bava
constantly in mind. You should make the
municipal courts institutions which the
humber classes shall not regard with fear
and as mere instruments for Furnishing all
who are brought before them. You should
make them tribunals which the peopl.. will
look upon protectors against tae possi-
BILE fraud, malice or overzeal of prosecu-ois
on the one hand and indicators Of tie
law and of peace and good order on the
other.
ITO secure for your courts in the minds
of the people this double chara -ter You
must regulate your procedure TO have
fun hearing of every case. and this viii
take all the time Of two judges. especially
when everything that is said in court, he
cause Of the varieties of language spoken.
must be Interpreted