Daily capital journal. (Salem, Oregon) 1903-1919, 1905-04-22

pushes no good, since the wrong has
not been met, whereas the presump.
tlon of wrong was strong enough to
invite its operation. 1t really. if ever.
occurs that the defendant who secures
release from accusation by right Of
technicality, presses his suit, in order
that his innocence may be established
in fact, after the issues have been met
I and reduced.
So, again we find the law made.
quate since such legal victories have
not established the facts of actual in.
nocence, but leave the defendant un.
touched without removing the pre.
sumption of guilt. This would be a
state of affairs not relished bv an in.
nocent man. The law has virtually
denied him the opportunity of prov.
ing his innocence under the maxim that
he is innocent until it finds him gull.
ty, but through its inadequaey it does
nothing to remove the stigma cast
upon him. A battle won ON technical
grounds gives innocence no opportu.
nifty to unsheathe its sword.
Since so much bitterness has been
manifested towards the representative
of the government, it seems pity that
through means of a technicality, the
defendants will not be permitted to
make an open fight. Is it not strange
that the attorneys for the defense are
offering obstacles which will prevent
the establishment of innocence by
trial of factH Stranger still is the ac.
tion Of the accused in permitting
means to be employed which only fur.
ther remove the chances for immediate
trial, so recently demanded.
The United States is supposed to be
the home of "A people of no class dis
tinction, yet the fact remains that
there is as much distinction as in the
old countries. Such condition is prov
en- at this time by the frenzy with
which the opportunity to criticize the
important defendants is grasped by the
so-called common run of people. The
big politicians are displaying an eager.
ness, largely due, of course, to the po.
litical possibilities involved for them.
in their comment on the fraud cases.
The so called lower classes of people
L hos 1
grounds where class distinction ap.
pears. These grievances are, in the
main, supposed or intentional sights
which they experience from those po-
litically favored. These things have
led the common folk to think that
public position Immediately removes
an official from their midst, socially,
and that "fat jobs enforce a certain
distance between him and the people
who elected him, and from whose ranks
he arose. Many a defeated candidate
for second term has found that the
requirement that he become a very
exclusive individual, which somehow
went along with his job and which re-
quirement he tried so hard to fill,
elected another to the Office.
We have three national characters,
two of whom seemed able to, and one
who seems able to throttle this dan
gerOus companion accompanying all
public positions. Washington and
Lincoln managed to keep their offices
in front and official aristoeraey behind
where the people could not see it.
Roosevelt is the one man before the
public today who does this as only
Abraham Linucoln could. In short, the |
honors thrust in with the office do not |
the holder from the common
people, hence the popularity OF Roose
welt. With such illustrations exam
Piles to pattern after, lesser lights in
the political armament could with
profit find the people ga ready help
in the time Of trouble" No sue
eessful candidates have ever suffered
who have taken pains to remember
those who put them on their thrones.
The cry Of the common people against
the defendants doubtless arises more
from this sense Of distinction than
from personal enmity. IL at least will
force high pressure on the inferential
valve in the absence Of the exact
truth regarding attitudes towards the
Passing the usual notion that an in
nocent man would prefer a trial TO
technical victory, which in no way
gives him opportunity Of establishing
his innocence, we see one man pitted
against an army Of legal talent. Uncle
"a ~ his I