The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-06-27
ENGLISH JUSTICE is
MUCH MORE SURE THAN
THAT FOUND IN AMERICA
Counsel for Defense Creates by tho
Dramatic Act and False impress
sion on JurIes Which Jurors
Regret After Excite.
mont lie Over.

New Haven, Conn, June 26.-The Yale
senior classes OF the college and Sheffield
scienctif1c department of the university
held their class-day exercises today In
addition to these exercises the anniver-
sary of the Yale law school and of the
medical school. meetings of the law school
alumni, and the usual important COM
mencement week meeting of the Yale
incorporation, were interesting events Of
the very full programme.
A remarkable feature of the announce
ment of the Sheffield freshman class is
the number of honors won by Charles
Talbot Porter. second, of Mont Clair. N.
]. He was awarded the prize for ex-
cellence in the studies of the freshmen
year. He also received first prize for ex-
eellence IN physics. Gernap.. .chemistry,.
'I5ngIish and mathematics and honorable
mention for excellence in mechanical
drawing
Later in the afternoon the Townsend
prize speaking contest was held as part
of the graduating exercises of the law
school Secretary of War William II.
Taft delivered the address to the class on
the subject "The Administration of Grim
inal Law"
Secretary Taft Speaks.
Mr.. Taft said in part:
zone of the most useful results Of our
recent territorial expansion for those who
have had to do with uniting our new
possessions with this country, and adj
iustine certain of the Spanish codes
which were found in force in Porto Rico
and the Philippines to the new American
sovereignty, has been the comparative
study made necessary of the two great
system of law, the Roman or civil law
and the Anglo-Saxon. or common law.
.rrhose of us who have been educated
in the principles of the common law
aud have not extended our study much
into general Jurisprudence are apt TO
~ narrow in our prejudices in favor or
the common law, and are prone to think
that there Is very little for us to learn
from the civil law which can be useful
lv adopted by a government In which the
liberty of the individual is held so sa-
cred, and the power of the government
toward the subject of citizen, is restrained
by such careful regulations as In Ejs-
land, in America or In any of the potu-
lar self-governments. for which either of
those countries are responsible"
After referring to the institution Of the
writ of habeas corpus, trial by jury and
other means of preserving the rights OF
the individual, against the oppression of
the government, Secretary Taft contin-
ued:
LAS these served their purposes so we'll
in ancient times when the battle of civil
liberty was fought and won, the first I'M
pu Sc of the American lawyer is to ap-
% them all as a panacea to the govern
r,ent and criminal procedure of our new
fJossessions But further investigations
with a deepening sense of responsibility
"a for the government of body of people
whose welfare has been forced upon them
as a sacrifice trust leads to much more
conservative attitude in respect of lne
needed changes in the existing procedure.
Must Prove Them Beneficial.
1--WE have no right to force on the
Porto Ricans or the F1lipinos institutions
of our own which have proved Of the
highest benefit to us. unless we can show
on other than mere sentimental grounds
connected with our own history. that
such institutions will now prove benefic-
ial to them in their present condition.
Trial by jury has been adopted in
Porto Rico. 1t has not been adopted in
the Philippines. l do not think it too
much to say. however. that 1t has proven
TO be a failure thus far in Porto Rico.
The first question in the Philippines was
Shall It be adopted in civil life? 1t
would seem unwise. 1t is by no means
clear that In our Jurisprudence trial by
Jury In civil cases is an unmixed good.
The abolition of the jury in civil cases
would relieve civil suits and would not,
l think. with proper appeal, deprive any
ltlgant of an impartial hearing.
Different In Criminal Procedure.
I'm the matter of the criminal pro-
cedure the question is very different. In
a country where a part Of the judges are
aliens, 1t would add much to the satisfac-
ton of the people If a part of the judicial
tribunal were made up OF jury OF
natives and il this were consistent with
the safety of the community, those re-
sponsibe for the new government would
certainly introduce the jury system in the
trial of crimes.
"Manifestly such a tribunal would
have no place among an ignorant people,
or indeed, even among people who are
somewhat educated. If they have not In
culcated in them sense of responsibility
for and sharing in the government 1t
Is this sense of justice which is implanted
naturally in the Anglo-Saxon breast, but
which Is absent in the Porto Rican and
the Filipino.
Another difficulty involved in intro
ducing the jury system into the Philip
pine island and, indeed. into any civil law
country, IL the absence Of a code OF evil
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