The Washington times., 1901-10-19
INSTRUCTIONS TO JUDGES.
Careful Administration of Munich
pal Laws in Manila Directed

pal Laws i'm Manila Directed.
As of interest, showing how closely the
civil government of the Philippine Islands
is safeguarding the liberties CT the island
ers in conformity with President Mckin-
ley's directions to the Philippine commas
sion, the Division of Insuiar Affairs Oh the
War Department makes public the 1oi-
lowing extract of a letter Of instructions
from the Civil Governor to the munich
pal judges recently appointed In Manila;
LAS 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 1t Is true. that in
cities in america much larger than Manila
one police Judge has been able to dis
charge the duties which are now placed
upon you. 1t has been suggested that 1t
is unnecessary, and therefore lacking in
economy, to provide two judges here. The
Commission is very clear. however. that
the suggestion is unfounded, and for
these reasons:
1.-The des3atch of business in a police
court in an American city is exceedingly
rapid; there is a constant procession be-
fore the court of vagrants, drunkards,
and petty thieves. with whose faces,
names, and history the judge has become
familiar. The hearings are all In one
language and there is therefore generally
no necessity for Interpretation. The
judges knowledge of the persons, and
frequently of the witnesses, enables him
to reach a correct conclusion in each case
with wonderful accuracy and justice.
But certainly, as one sits in police court
in America and observes the speed with
which sentences of fines and imprison-
ments are imposed he must think, If he
does not know the circumstances l have
explained. that there may be many cases
in which gross injustice is done under
such a procedure. The military emer-
gences seemed to have required a similar
procedure in the provost courts of this
city, but now that civil government is
established and the courses of Justice
need not be so hastened as to involve the
risk of injustice, a different course is en-
tirely possible.
THE judges of the municipal courts are
those officers who come closer than any
other officers not only to the criminal
classes, but also to the poor and humble.
and 1t is from their administration of the
law that the poor and lowly derive their
impressions of the character of justice
which the Government is administering.
Therefore, IT is more important in munic-
ipal courts than in any other courts that
every man who is charged with an Of
fence before them should rot only have
justice dealt to him, but also should re-
ceive the impression that he is being
dealt justly with.
ITO accomplish both these nd time
must be taken to look into the merits
of each case, the defendant must be given
an opportunity to nave counsel II he de-
sircs it, and to have his witnesses called
If he knows of any that can support his
defence. Many of the offences which
will be brought before your courts are
mere violations of municipal ordinances
or Of health regulations. it l. quite pos
sible that the people who are brought be-
fore you for a first offence may not know
or understand what the regulations or
ordinances are, and II is most essential
that the trial should bring clearly before
their minds that they are in a court of
justice, that they are being tried for an
offence against the law, and exactly what
that offence is. Such cases call for
paternal clemency until by repetition of
the offences it is demonstrated that the
offenders are intentional law-breakers.
''Of course. you will have net a few
Instances of hardened criminals, to whom
must be meted out severe penalties; but
the great number of the defendants who
come before you will be of the character
/ have described. Many who stand up be-
fore you Will hardly understand what it
is that is being done, and will feel 1t
part of their formal duty TO acquiesce
in the charges Instead of meeting them
should be taught. by the course of JUS
tice in your courts, what their rights as
defendants are.
The possibility that interested persons
may have intimidated or terroriZed de-
PENDANTS into non-resistance to the
charges Is one that the experience of the
last two or three years requires the
judges to have constantly in mind. You
should make the municipal courts in
stitutions which the humber classes shall
not regard with fear or as mere instru-
ments for Furnishing all who are brought
before them. You should make them tri-
bunals which the people will look upon as
protectors against the possible fraud, NAL
ice or oyer-zeal of prosecutors on the
one hand, and as indicators of the law
and of peace and good order on the other.
ITO secure for your courts, in the minds
OF the people. this double character, you
must regulate your procedure so as to
have n full hearing of every case. This
Will take all the time of two judges, espe-
cially when everything that Is said in
court. because of the varieties of Ian
guage spoken, must be interpreted"