The San Francisco call., 1905-06-27
TAT I SCORES
AMERICAN Law
Believes Too Much Power Has
Been Taken From Court
and Transferred to Jury
INCREASE IN CRIME
CREASE IN CRIME
Statistics Show Astounding
Growth in the Number of
Murders in United States

MurutrS LII UlllUcu OUdJcS
NEW HAVEN, Conn, June 2s-The
seniors of the college and scientific de-
partments of Yale held their class day
exercises to-day. Later in the afternoon
the Townsend prize speaking was held as
part of the graduating exercises of the
law school Secretary of War William
H. Taft delivered the address to the class
on the subject 1.-The Administration of
Criminal Law Mr.. Taft said in part:
One of the most useful results of our recent
territorial expansion 1or those who had to DO
with uniting new possessions with this
country and adjusting certain of the Spanish
codes, which we. found .srs IN NJ, Porto . Klco sa
ereignty has been the comparative study made
necessary of the two great systems OF law,
the Roman our civil law and the Anglo-Saxon
or common law.
Those OF us who have been educated in the
principles of the common law and have not
extended our study much in.o general Juris-
prudence are apt TO be narrow in our pieJu-
dices in favor of the common law and prone
to think that there is very little Tor US to learn
from the civil law which can be use ully
adopted by a government In which the liberty
of the individual is held so sacred and the
power of the government toward the subject
or the citizen is restrained by such careful
regulations in England. in America or any
of the popular self-governments tor which
each of those countries is 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 oil
the Government, Secretary Taft con-
tinued:
WHERE JURY TRIAL FAILS.
AS these served their purposes well in
ancient times, when the battle for civil hbe"ty
was fought and won the nrst impulse OF the
American lawyer Is TO Apply VA tnem r,,a al nroa
cedure of our new possessions But furtner
investigations, with a deepening sense OF re-
sponsibllity for the government OF pody OF
peoepe whose welfare has been forced upol
us sacred trust leads to much more
conservative attitude In respect OF the neeoed
changes in the procedure.
We have no right to force on the Porto
Ricans or the Filipinos institutions OF our
own which have proved of the highest benefit
to US unless we can see other than mere
sentimental grounds connected with our own
history that such institutions would prove
benefciai to them in their present condition.
Trial by jury has been adopted In Porto
Rico 1t has not been adopted by the tllipinos-
1 do not think 1t too much to say. however,
that IL has proven to be a failure thus far
in Porto Rico The first question was In the
Philippines. Shall it be adopted in civil cases!
clear that in our Jurisprudence trial by jury
in civil cases is an unmixed good. The aboli-
civil suits and would not think. with proper
appeal deprive any iitigant of an impartial
Aea' DISGRACE TO COUNTRY.
1 grieve for my country to say that the ad-
ministration of the criminal law in all the
States of the Union (there may be one or two
exceptions) is a disgrace to our civilization
We are now reaching age when We cannot
plead youth sparse civilization or newness OF
country as cause for the laxity in the en-
What makes tie difference between the ad-
ministration of the criminal law in England
and in this country? In the first place. while
the jury has always been a sacred and un-
touched part of the tribunal constituted to try
crime in England, the Judges have always
<ol<ar and afufa
law In the trial Of every defendant and that
part has been first, the retention retention Of complete
the case, restraining them to the points at
issue and second the power to aid the jury
by them an to @
leaving however, to the jury the ultimate
decision.
tains it's reputation for certainty of punish
rnent is the fact that there are no appeals al
lowed from the trial in the first court unless
tions of law Of sufficient Importance and doubt
to reserve them to higher court.
The institution of trial by jury has come to
be regarded as fetish to such an extent that
State Legislatures have exalted the power of
the jury and diminished the power of the
court In the hearing of criminal cases. The
function of the Judge is limited to that of the
moderator in a religious assembly. The coun-
sci for the defense. relying on the diminished
power of the court creates. by dramatic art
and harpng on the Importance of unimpor-
tant details, a false atmosphere in the court
room Wnlcn the Judge Is pOWtTleSS 10 QlSPel
and under the hypnotic influence OF which the
counsel is able to lead the jurors TO vote as
Jurors for verdict which, after all the ex-
citement of the trial has passed away, they
are unable to supDort as men.
MURDERS ON INCREASE.
And now what has been the result in this
country? Since 1885 in the United States
there have been 131. .951 murders and homi-
cides and there have been 22S6 executions In
1885 the number of murders was 1905 In 1904
It had increased to SS42. The number OF exc
cutions in 1885 was los. In 1904 the number
was 116 This startling increase in the num-
Der Of murders and homicdes compared
with the number of executions. tells the story.
As murder is on the Increase. all Of
fenses of the felony class. and there can be no
doubt that they will continue to increase
less the criminal laws enforced with more
certainty. more uniformity. more severity than
they
Certainly. the result Of the American crimi-
nal procedure as distinguished from the Eng
lish criminal procedure does not encourage us
to think that it would be wise to introduce
into the Philippine Islands system of jury
trial which now prevails In most of the States
under the restrictions of the power
of TIE court which we find go West in
this country. The cure for this growing can
Ger in the body polite may be found in statu-
tory amendments.
Our country is disgusted with the number of
lynchings that occur both In the North and in
the South. Nothing but a radical improve-
ment in our administration OF criminal law
will prevent TIE growth In the number of
tivoc In, 10. nj tod fafo