The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-11-30
RIGHTS IRELAND has LOST.
JUSTICE FITZGERALD TELLS or
SOME THE CRIMES ACT STILES.
Trial by Jury, Right Of CrOss-ENanlinat ion.
lmpartialiy OF Judges Al OF No
Account When the british Cover
so WiIs--WOuid the british stand IL:

Justice James Fitzgerald OF the Supreme
Court spent hs vacation abroad In
Ireland the drastic operations OF the Grimes
act attracted his attention as lawyer and
jurist On investigation he found much
popular ignorance o. the acts meaning
and force Al some trouble he secured an
official copy Of the law and made an analysis
Of II from an American legal point Of view,
The result he gave in an interview a few
DAYS Ego for the benefit Of THE Sun
readers
1T is the general opinion that Ireland is
governed by the same laws which prevail
in Great Britain" said Judge Fitzgerald.
In other words, that her people enjoy the
constitutional rights which are guaranteed
| to all subjects Of the Crown In England,
Wales and Scotland To explode this or
| roneous notion il is only necessary to call
attention to this Criminal Law and Pro-
cedure &C, Of 1887, the provisions of which
relate exclusively to Ireland.
| $50 sweeping is the power conferred
upon the Lord Lieutenant by this compre-
| hensive measure that he may at any time
| by the simple process Of issuing procla-
1 nation suspend absolutely the civil rights
| of all the inhabitants Of the country for
| an indefinite period He may proclaim the
| whole island or any civil division thereof.
In effect such proclamation instantly de-
| prives an accused person Of every SAFE
| guard with which the common law and
| general statutes of the realm surround him
and authorizes summary prosecution be-
fore two minor Magistrates appointed
during the pleasure OF the Crown, who
nav condemn to Imprisonment with or
without hard labor. What would the most
loyal Of Englishmcn nj home or in the
colonies think il the right OF trial by jury
could be thus trampled upon and ignored
in his own case?
THE Justices OF the higher courts in Ire
land are all appointces OF the Crown, and
| in political cases. or quasi-politicai cases.
that they have been loyal to the point OF
subscrviency will not be disputed. They
are appointed during good behavior, how
ever, and can only he removed upon charges
and to guard against the exercise "f inc
slightest independent judgment On their
part they are absolutely deprived Of discrc,,
, | tion i'm cases where the Attorney General
: | makes an application for a change OF venue
| and must grant an order changing the pace
. Of trial to any county specified in tn" GER
| tificato of the prosecuting officer. Glorle'
4 of Magma Charta! Is it surprising that mem
i | Dries Of Runnymede fail To thrill tho l'ibcr'
: | nian heart?
. sThen the Attorney General is empowered
r | TO direct a Magistrate to hold All inquiry
: upon sworn information that crime been
I | committed, before any person Us ac
/ cused. and such Magistrate Is authorized te
q | examine any one upon oath, any one WHOM
o | no NAV see fiji to summon before him. 10
attorney or person other than the Masis
c | trate II permitted to question the witness
= | and the witness Ii not excused from answer
O ing any question asked him by the Masis
: trate even upon the ground that his answe
might incrimnato him, For refusal t.
l. answer he may I've summariiy committed L
o | prison. No more outrageous specimen o
d Legislative enactment in violation Of tn
d | fundamental principles of constitutional
Il | liberty can b, imagined than this.
e THE Imperial Parliament enacts the law
n | which prevail in the three kingdoms. "a
e | thew are called. Would II dare put in opera
/ tion under no matter what conditions