Devils Lake inter-ocean. (Devils Lake, Ramsey Co., Dakota [N.D.]) 1884-1905, 1903-09-04

to purchase fashionable clothes, it is
time to take a severe reckoning with
u social system. Not that it is
wrong, but that there is a large class
who are determined to make it wrong
if itispossible to do so.
The refusal of the trial court to
grant a new trial in the celebrated
case of A. A. Ames, ex.mayor Of
Minneapolis, and the notice of appeal
fled by the attorneys for the defense,
have again drawn the attention of
thinking people to the recent remarks
Of Justice Brewer as to the advisabi-
lily of abolishing appeals in criminal
cases. The contention has been made
in these columns that the remedy for
the lynching evil in the southern states
is a speedier, aud more certain remedy
for the punishment of crime with both
the lynchers and those who commit the
crimes for which lynching is usually
inflicted. This theory is the same as
that of Justice Brewer in his conten-
tion that appeals in criminal cases
should be abolished. There Is no
question about the fat that Ames was
rightlfound guilty by the jury which
tried him, and the technical questions
raised on appeal are mere bubbles
for the purpose Of securing time before
the passing of sentence. The trial
court hears all the questions Of law
raised at the trial, and while he is
often compelled to decide matters Of
serious moment with merely a hasty
consideration, the mode of procedure
is for the motion for a new trial to be
based on these questions of law, and
on the hearing of this motion, the
court has ample time for the mature
consideration Of the questions, and
they are as Thoroughly presented to HIM
as they are to the a pellate court. If
AAo uOS1oAOh OA ouy AoGGO1 VI La" III
the trial has been wrong, he can
remedy the mistake by grantinga new
trial. 1t is not a general rule that
new questions of a serious character
are presented in the second trial, and
therefore it can be conducted according
to the matured deliberations of the
court, and will cure any defects in
a former trial. If on hearing a motion
for a new trial the trial court should
not see an error of law in the trial,
there should be no appeal, and the
trial count should proceed to pass SEN
tence. But this calls for a reform in
another direction. 1t is readily seen
that this gives far greater authority
to trial courts than they now possess,
and brings the criminal class in clos.
er personal contact with judges, and
necessarily they are more liable to
be influenced by politics, prejudice
and other improper motives. One
of the strongest arguments in favor
OF appellate courts is that tkey are
composed of men who know but little
of the cases on trial except what is
disclosed by the record, and that
therefore they are not influenced by
these personal motives. This is, true.
Four or five judges in a state can
not have the same. opportunity to
vent their spleen upon litigants- For
personal reasons that one man in
two or three counties would have.
Before appeals in criminal cases can
be abolished the qualifications and
personal integrity of the trial Judges
must be raised. When this is done and
abolished, a long step wRl'|
have been taken in the. suppression Of
and cases Like that Of Ansss
and and the st. Louis boodlers will pe-
come things Of the past. 1t may take
time to effect the revolution, but con-
slant agitation will bring the resuR.
If the report should prove true. THAT
coal has been discovered, in Alaska, a