The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-03-10
INTERNAL WORKINGS OF COURTS
THEY ARE AS A SEALED BOOK TO A
MANI T.
Verdict of n Jury an Uncertain Guam
tity in Court Procedure other
Points Made.

Fletcher-place Methodist Church. began
last night with the subject. Difficulties
Encountered in the Administration Of JUS
tice.' In part he said: Sometimes the
zeal Of upright, moral citizens, who de-
sire an ideal condition of things. outruns
the bounds of good judgment. Often ad-
ministrators of laws are censured for rad
ical defects in the law itself, for which
they are in no wise to blame. An officer
of the law is open to criticism who fails TO
enforce a law he finds upon the statute
books, and at the same time is to be COM
mended by all good citizens if he demon
strates a determination to enforce the law
as he finds it. If the law is either OBJ
noxious to the majority, or defective in
any way, there is a legal process by which
it may be rectifed, but the assumption of
the officer is that he was elevated to his
position, not to make laws, but to enforce
them. The announcement of the mayor of
the city that he proposes to enforce the
law forbidding Sunday baseball is to be
commended, but in view Of his oath of
office he can do no other thing; he has no
other alternative.
"The internal workings of our courts
are as much unknown to the mass of cit
liens as is the British Parliament to the
average American. Often the question is
asked: Why does not the court do this
or that Law itself is not perfect. 1t is
still in a process of evolution. The stat
utes of the State are being continually
revised. Every legislature abrogates old
laws and enacts new ones. Criminal law
has expanded to meet the wants of ~civiliZa-
ton. No human law is higher than the
best sentiment of its age, some are in
finitely lower. As a comparison, take the
laws enacted by the old decemvirs of the
Roman nation. Under their economy an
accused person was always held guilty
until proved innocent. Their law had no
regard for motive or palliating circum-
stances. There was no equality between a
crime committed and the penalty inflicted.
If a man mutilated the person of another
he was to be punished by the infection of
the same injury upon himself. If one bore
false witness he was thrown headlong from
the Capitol. One guilty of slandering by
words was beaten with a club. sometimes
to death. The man who trod down an
others corn field by night was punished
with death. A poor debtor, who was I'M
able to liquidate his Indebtedness, could be
taken home by the creditor and kept sixty
days. and fettered with iron not exceed
ing fifteen pounds; at the end of that time,
if the debt remained unpaid, he could be
brought before the people on three sue
cessive market days, on the last Of which
his body could be cut To pieces according
to the. number of his creditors, or sold into
slavery, as they might elect
MARVELLOUS STRIDES.
I'm it's evolution law has made marvel
Gus strides since those days, but it is still
defective in many points. We have laws
to-day that will reach a street arab who
shoots craps in an alley, but we cannot
reach the gamblers in the bucket shops.
One may be punished for a game of chance
on which hangs a dime. the others cannot
be punished TOR the larger game on which
may hang a fortune.
Law is corrective, not vindictive. Law
itself is a rule OF action, established by
recognized authority 10 enforce Justice.
RrrSkip % vS. All tr11e iuSfiCa iS yindiCtivo
to vice But while that is true so far as
the act is concerned, TO the actor the law Is
that enforced by Him who said: Ven
geance is mine, | will repay. All correc-
tive laws have penalties attached com
These penalties are for a three-fold pur-
pose: To deter the lawbreaker from COM
hitting the offense the second time; to
keep others from breaking the same law,
and for the good of society i'm general. 1t
might appear on first glance that when one
was sentenced to a penal institution for
life or condemned to die that this was a
vindictive phase of the law, but close in
vestigatiOn will show that it is the pur-
pose of the law in such cases to give warn
ing to others, and for the good of society
to remove the criminal from its midst.
Because law Is corrective a somewhat
wide latitude is allowed a judge or jury.
The penalties prescribed are from a certain
degree of severity to another. A minimum
and a maximum penalty are fixed. On
these accounts the administrator of the
law mas n DIODlem 10 SOlNt every llIle q
violator of the law faces him. The offense
is to be punished, the criminal is to be
made a better man, II possible, by his pun
ishment, others are to be deferred from
comTittine the same offense and All This
with the least possible punishment to the
innocent. 1t is said that law has in it no
sentiment; that it is iron and not flesh.
But the administrator of law is a man. If
he is an absolutely heartless being no civ
ilized community would tolerate him.
Here is a man arrSigned for drunken
ness. What shall be done with him? BACK
of him stands an innocent, refined wife
and a family of bright helpless children;
the family suffers. Incarcerate him in the
workhouse and the family is deprived OF
its natural protector: But he must be pun
ished. How? That is the problem.
still other difficulties arise. A few days
ago a body of gamblers were arrested. One
OF the chief men among them elected to be
tried by jury. In his case the jury was
composed of representative citizens, mostly
business men. II had no difficulty in find
ing a verdict OF guilty, and assessed him
the lowest fine prescribed by law. The
others entered a plea of guilty and were
in turn assessed the same penalty. Be-
cause of this criticism was heard. 1t is
two juries in the policy cases have assessed
heavy fines, but 1t is also true that in many
cases this has not been done One of the
most uncertain elements in a trial is the
verdict of a jury. Lawbreakers combine
to defeat justice. and even now threats
are being made of getting even at the polls
w UllE lItCC GOlllDlAAC III UA0EI NIdNs w III
force of the combination, intimidation shall
compel silence while they ply their lawless
and nefarious trade, shall the moral ele-
ment of the community remain passive.
1t is high time that the better element OF
the CITY sounded in no uncertain SOUND
the slogan that il will stand by and sup.
port at the polls and -eryw else. re-
gardless of party affiliations, that officer
who has grit enough TO enforce the law.
Some enthusiasts are demanding more
and more severity in the judgments pro.
nounced upon those guilty OF misdemean
ors, forgetting that the excessive severity
of any law will defeat the very object haC
in view in enacting ii. Whenever a prose
cution has in IL a tinge of persecution rub
lie sentiment rebels. For xample De
speaking within a mile Of a certain square
This law has been operative and unques
toned for a long time. Major Cox, of th'
Salvation Army, preached within the for
hidden limits and was arrested. She wa.
discharged upon a suspended sentence
preached again, and was again arrested
and sentenced TO the workhouse. ABB,
svmpathizers took up the case. and il Il
now in the hands OF the Supreme Court
while a petition for the abrogation of IN.
law is receiving the vast majority of tn.
signatures Of the city. The law will b
repealed. Ii has already become unpopu
lar because of its severity
MENACE TO SOCIETY.
''While it is true that crime is always
menace TO society, it is also true that un
lust accusations are as much a menace I,
good character, without the safeguard o
49, lau which declarac the aoc,sad inno