The Montgomery advertiser., 1903-02-13
BETTER ADMINIsTRA-
 TON OF THE LAW.
Letter from Solicitor s. L. Brewer
 of the Fifth Circuit.

AAVAA 6b4AGASoA Ss ASs ~@S" ~~
 of the Fifth Circuit.
 Editor of The Advertiser:
 Yours received and noted. The subject upon which you wish a communication oI great importance to the people or Alabana. Every thoughtful. patriotic citixer must feel deep concern that the safety of human life is not held more more guard human life by visiting the proper punishment upon the man slayer is not consistent with the general character or our people. It results largely from the catastrophe of our great war and the years of reconstruction that followed. It was then that conditions were such that the white man could live in his own country. save by his and his neighbor own good right arms; it was then . .Aat Tor the first time he bore arms In time or peace. The resulting decentralization from those terrible years to all the peo- pie of the South, and 1t might be said with truth to the whole country, are known and acknowledged now by all. But we have long since come back to the possession of our own; we make and administer our laws, and yet 1t Is to be reared that the oft present and active pocket pistol does much to lower the esteem in which our people are held by other civilized nations.. Human life is in this way often taken upon small provo cation, which would pass without trouble or trace of i'll feeling. but for the pres NhSS VI tHo dCttNe agent Ol uodtn duoNc named. Human life is too often taken In pretended defense of individual right, without remorse of conscience and with immunity from punishment of violated law. which indicates the reverse of a healthy public conscience in the matter Of homicide. These unpunished crimes of violence are of such frequent occurrence among the higher classes, as to bring dis may to the thoughtful mind. But in the contest with lawlessness in the form of nOmtcida if ia nf iYnnOrtaDPa tO know and acknowledge the evil, yet of greater importance is faith in our peo- ple-the evil is not inherent, but due to adverse conditions somewhat overcome -fatth joined with good works resulting from patriotism to overcome the remain ing adverse conditions. If large per cent of the homicides that are commit ted in our State in q year, should be com- countq 1t would .ppall the people of such county as would the terrible shock of an earthquake; and they would See that the murderer received certain and proper punishment An exalted sense of self respect and personal dignity are val
 uable indeed to a commonwealtA, yet il Is clear that public sentiment, which or this account. condones the taking of human life in defiance of the laws and dignity of the State, tends to produce a that the law will be surely and justly administered from the highest to the low est man, that not any citizen will be punished without trial and conNiction | that the heavy hand of the law will be surely laid upon the guilty and afford ab- solute protection to the innocent, would produce very great humanizing and civilizing influence upon all the people. Prompt trials of homicide cases greatly aid in securing an inforcement of the | law, hence our laws applicable to the trial of such cases should be so amended
 as to secure prompt trials. Technicali' ties should be set aside.
 A wise discretion should be vested ir the presiding judge, as to whether or not the trial be proceeded with when there Is found an error iu the copy of tho venire of jurors served upon the defend ant or better, that the venire should no | dom, If ever. aid in the proper admins | tration of justice in homicide cases. Af | ter a mstrial of his case, a defendant | though he be very guilty, has a better chance of escaping punishment. Nine O. the twelve jurors should be permitted tt | return a verdict.
 It is probably true that designing mai
 sometimes get upon the jury, who is un
 defendant. Such a juror should not b.
 permitted to prevent. or delay the court
 of our State in the proper administra
 tion of justice, which Is of course tn
 case In such instance when the unani
 nous consent of the jury Is required tt | make verdict.
 It is highly important that good citi
 zens should serve upon the juries tryinl | cases, and more especially homicid cases; that this may be done 1t is clea
 that exemptions from jury duty shoult | be greatly reduced; also that the numbe of challenges allowed to defendant
 twenty-one, and to the State fourteen | should be reduced. to say, twelve each | For, after those who are usually excused
 because of fixed opinion" the defend
 ant has a strong defense in the twenty one peremptory challenges. with these h | is able to strikes off the venire the mos i of those whom he might fear by reasol | of their true manhood.
 | The violation of moral law by an indi | vidual, Is as sure to result in i'll to hin as does the violation of the physical law
 of lis being and the same applies to | community, or a commonwealth. Then
 is of prime importance that those calle,
 to ake and enforce the laws. shall re
 main true to the duty to seek the vel
 fare and guard the liberties of all tn people, and a failure to do this result
 in a shock of disintegrating force tha goes throughout the length and breadtl | of the State. It Is not unpleasant to fee
 that there is foundation for the faith | that there comes aid in the lessening 0 l the carnival of bloody individual VH? | gearce, in the broadening love and sym pathy of men for each other under ou | Christian civilization.
 | s, L. Brewer,