The daily journal. (Salem, Or.) 1899-1903, 1902-12-29

| Nent n INuHt ~ Whon' N'NiN q N"NN 80
being tried by jury from starving
the jury into the rendering OF a YER
dict. II a judge has not sufficient hui
manity in his person TO prevent him
from forcing a jury TO agree through
starvation and sickness OF iurymen
occasioned by long fasting, a law
should be passed forcing such Judge
to be humane in the treatment OF the
jury that may be empaneled in his
court. IL is one Of the greatest out
RACES that can be perpetrated on an
American citizen to send jury out to
deliberate on verdict just before the
evening meal and keep the jury locked
up the whole night, and in some In.
stances for a period of more than
eighteen hours without a morsel Of
food to eat. How would Judge like
to be treated in this manner? How
much suffering is caused TO men who
are advanced in years being subject
TO an indignity of this character. Il
is time that our legislature should
remedy this crying abuse upon the
part of Judge
Another law which should be passed
Is one preventing courts from grant.
ing nonsuts except in rare instances
to be clearly specified in such law
Some of our judges are monomaniacs
on the question OF granting nonsuits
and are so technical and run off on
tangents with their peculiar ideas
that the time has arrived when It is
difficult for the ablest and most skill.
ful attorneys to remain in court If the
Judge takes upon himself the idea that
he wants to grant a nonsuit Some
judges while they play to the galleries
on all occasions, and in public are
constantly speaking of the sollcitude
which they entertain for the poor
farmer, who has been brought into
court to try cases. have no confidence
in the judgment and ability Of this
same farmer to pass upon questions
which are presented to him in the
course of trial. The Judge who dem.
agogues about his anxiety to let the
farmer 90 back to his farm at the ear
liest opportunity. and his desire 10
close up the business of the court i'm
the same manner that farmer who
wishes TO do two days threshing In
one when the rain Is about to descend
upon his mthreshed grain, will take
case away from a jury in every in
stance where he has an opportunity
10 do so and can strain a point 10
bring about an accomplishment of
this result. This should not be. Such
a Judge has no real confidence In the
ability Of jury composed of farmers
TO try n case. Many men have been ,
robbed and denied the right to try |
their cases out ON their merits by a !
strained construction IN granting non.
suits. a law should be passed regu |
Iating this evil which has become un.
Dearable in some courts
Another evil In the administration .
lf the law which should demand the |
attention of the legislature |
Is the repeal of AN act To provide for |
prosecutions on information |
made by district attorneys. to author.
re district attorneys TO administer
PATHS or affirmation to witnesses and !
o compel them to testify. 10 further
lefne contempts and the crire OF
perjury. and providing when the cir.
'ut court may convene a grand
ury,' found at pages 99-100 of the
session laws Of 1899. This law places
90 much power in the hands of the
district attorney and his deputies. II
s not safe or wise 20 do this. This
aw turns back the wheels Of time 10
he middle ages when Star Chamber
rials were in vogue and the thumb.
crew and rack were used TO try of.
enders, 70 the time when the pal
adium Of a peoples liberties, the trial
" jury was discountenanced When
he viii of a tyrant who might be king
vas the sole arbiter of the rights of
he people. This law carries us back
o the time when the barons wrung
he great charter from the hands of
King John at Runneymede. This
method OF proceeding was denounced
ears ago by Sir Matthew Hale and
nen of his standing i'm the legal pro.
esslon. This manner of proceeding {
as ever been the refuge of tyrants !
n ancient and modern times. Unfor.
unately the young and progressive
tate of Oregon has seen fit TO enact
his law which has been associated
18th all that is vile and subversive
( all the principles contained in the
lagna Carta, the Bill of Rights
nd the Declaration of independence
his law should be repealed at the
arliest opportunity and the grand
Try system which was used by us so |
ing placed back in operation.
We are not personally acquainted
18th many OF the members of the !
I.eu L.