The Montgomery advertiser., 1905-10-26

(Cantinued from Page Oneo
 gested by the fact that Judge Rose was President of the American Bar Asso- ciation and stands today as one of that | group of eminent American, citizens, l eminent for their services to the whoic country, whom we know as the leaders of the American bar. I want to speak | as a 1ayman again about certain ser vices that the learned profession Of which Judge Rose is so eminent member can render to an even greater degree than they now render to the American people. I know that there is a good deal of distrust. rightly. for the layman who speaks of law or or theology.
 From Nations Standpoint.
 But l am going to say just few words on a matter that concerns good citizenship, in which the layman has right to expect leadership both from lawyer and from theologian. Very naturally in any profession there come to be men who treat the profession as an end instead of as a means am not speaking from the standpoint of the individual: but from the stand point of the nation. of the State. Just as in Christianity we have a right to | say, by their fruits shall ye know them-just as we have right to judge the man of religious profession by the I profession-so we have a right to ex- pect from the great profession of the | law, from that which is perhaps the Heading among the liberal lay profess sions, we have a right to expect a pe- culiar quantity and quality of the ser- vice to the public.
 There are certain abuses in con nection with our whole system of law today which the laymen cannot rem edy, but which I earnestly hope that the men of the law will themselves remedy, Now here have got to speak merely to my fellow iaymen and shall have to invite correction. am speak correction from Gamaliel if go wrong.
 But our law comes down from the time when the state, the government, was all powerful as compared to the individual; when the government acted as plaintiff and it was necessary that every possible safeguard should be thrown around the defendants; that he should be given every chance and the fear of injustice was synonym for fear. of injustice to the private citizen against whom the state proceeded.
 Relic of Dark Ages.
 Tt came from a time, if my memory of history is right, when about 5 per cent q am speaking now of the com mon law) of any given number of chill dren born in England were punished by hanging-when people were hung for the most trivial offenses and when all the machinery of the law was in the hands of the government and d. rected against the individual: so that the one thing that had to be done was to protect the individual
 "Circumstances in the past three or four centuries have wholly changed. but the pressure of the law has not | a6 n r ra nf there Is not the slightest question as to the individuals rights being pre- served. They are amply guarded. Of course, there is the possibility of error in every human affair: but speaking generally, the man accused of criminal wrong. especially the man accused of criminal wrong against the public, has every possible chance secured him; but the public has not got every chance In regard to it.
 NO greater service is being render ed the American public today than those members of the leading profession , whose good fortune it has been to with the prosecution of crimes against the State. When I say crimes against the State I not only refer to crimes like those of bribery and corruption committed by any public oficial; but ] 3 mean such crime as murder as any l similar hideous misdeed. where the of fense Is not merely against the in- dividual, but against the entire com 3 munity. It is right to remember the interests of the individual; but 1t is right also to remember the Interests of that great mass of individuals enn. bodied in the public. In the government
 Practice Has BeeA Perverted. D 'It is unfortunate that we have per {. mitted practices that were necessary hnpdrad yeara R0 for thQ nPO,
 tection of innocent people to be elabo
 rated to be perverted. so that they be | come a means for allowing criminali 5 to escape the punishment of their crimi nality We urgently need in this coun |, try methods for expediting punishment ! methods for doing away with delay D methods which will secure to the public
 an even chance with the criminal-I dt [ not ask any more. If we can get ar . average of just fifty per cent of thu | criminals we will be pretty nearly il right, and we will give the public al
 even chance with the criminal whos' . offense Is against the public.
 At present the right of appeal Il
 in certain. cases so abused as to mak'
 1t A matter of the utmost difficult! Intimately to punish a man sufficientf! rich or sufficiently influential to com rnand really good legal talent Nov
 am speaking of what know, for | am speaking with very keeniy III III! mind experiences during the past thre years in trying to get at certain publi , offenders who have been indicted, an'
 some of whom it has been almost i'm possible to get into the Jurisdiction O , the courts in Washington in order l. try them. There are others who's
 cases are still on appeal.
 q feel that the man who offend | against the State occupies position l rather worse than that of any othe
 criminal, from the very fact that he l 7 the man who attacks everybody instea | of just one person; so that 1t Is no | the special business of any one { get at him. In consequence. if he cal keep the forces of justice at bay lon - enough: If he can secure one or tw
 mistriaIs, gradually the popular inter a est evaporates and the criminal gets of
 The PPesIdent's Own ScoundFel.
 Now. as the judge has 30 well sait
 the minute that a man becomes Presi
 dent he ceases being the President (
 a party and is the President of ever
 man, woman and child within the cor
 fines of the nation. But permit my
 self one particular bit of personal dis