The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-10-29
UBLIC SENTIMENT AND THE EN-
FoRCEMENT OF LAW. !,
n Answer to- Captain Parker's Con-
trast Of the Criminal Courts and
Courts Martial-The Abuse Of Nicol-
/ let Avenue-As to "Clean'' News
papers-River Improvement.

L
lie Of law and the procedure there
atement, but the execution must of !
'cessity be entrusted to finite minds
erein lies the weakness. But the
lery is: Can any method be devised
improve the present system? 1t is
| easy matter to point out these I'M
-,rfections, but it is very difficult to
oppose an effectual remedy when we
execution. 1t is quite common for
rsons unacquainted with the origin
I'd growth of the criminal law and pro-
dure as administered according to
e course of the common law in civil
urts to criticise it, and usually these
iticisms are by those who take one
- led or biased view and base their
dgnent upon an exceptional case,
The common law as a system is the
isdom and experience of ages, and
ose charged with the execution of the
W and not the law itself, should be
g subject of the criticism.
The common law had it's origin be-
re the birth of Christ in the forests
= Angles Land, now the province of
,hleswig in Germany, on that mar
W neck of land between the Baltic
ID North Sea-: There the people liv-
g in the "Tun,' corresponding to
township and from which it takes
d settled all controversies between
ose living in the tun and punished
| offenses committed against society,
is now done in our courts of Justice.
At these Hfolk-motes' or meetings
the people, all the statements of the
terested persons were heard, and all
esent and not interested took part in
decision. The grey-haired men
tied the custom that had prevailed
ntroling the subject of the contro..,
rsv. and this was the foundation of
al as it Is now administered in the
urts Of England and the United
ates.
This system was carried by these
ople to ENGLAND, and it gave to that
ton the often-lauded "British con-
tution,' after which the constitution
the United States and the several
ties Of; the union are modelled.
Rights Of Accused.
BY this system, as it has grown thru
e centuries, every person accused OF
crime has the right to give bail and
inalienable right to a fair public
al by his peers, and to have the as
itance of counsel of his own choosing.
.iginally the triers or Jurors, were per.
MS who knew the parties and the facts
the case, but in the development of
Q system the triers or jury were Sc
ted from those who did not know the
cts or the interested parties, and those
10 had been the triers became the wit
sses. The right Of an individual to a
his peers was embodied in the great
arter first wrung from King ] ohn ani
W included in the bill of rights il
first amendment to the constitution
the United States and carefully pre-
- wed in the constitution of each Of
several states of the American
ion. These all require that the tria
all be had in the vicinity Of the place
lere the offense was committed, usual
in the district in the United States
urt, and in the county in the stat
ired and the accused is given a fal
portunity to exculpate himself and
- len he is not able to hire counsel, tn
urt is authorized to appoint an at
rney to assist him in his defense, VIII
paid by the state and all his wit
tsses are likewise subpoenied and pai'
the state. .*.-
Yet with all this care and liberalit?
3 instances are numerous where limo
ut persons have been convicted an
tcuted. This system is diametricall
seived it's nuture and constitutions
Feguards from the natural dispos:
IN of men when placed in power o
ven authority to be arbitrary. an
en- despotic. Justice does miscarry
t quite as often against the innocen
in favor Of the guilty.
Ae IN Hon,ts m = ,-tiaJ 81. .-s
This is not only true Of the civil prt
aure, but is equally true of court:
trtial. The code military is despoti
it Of necessity must be in view {
? business in which it originates, an
ations have contended thru the age
Instances are numerous in while
bss injustice has been done by courts
trtial, and their findings modified Q
holly set side. And this notwitl
anding that the court was compose
high minded gentlemen, whose mind
Ire disciplined to weigh facts carr
lily. make fine distinctions, CAREFUL
scriminate between truth and falls
,od and error, and measure out to til
,eused exact justice. ~
e not final until approved on revie
II higher authority. Under the la
lcourt- martial, the accused is not e
lied to bail and is not allowed cou
? to assist in his defense and is flu
shed no means with which to make h
Tense. The judge advocate, like tt
;osecuting officer in civil courts, is
,ty bound to bring forward those fac
Aich tend to prove the innocence
q accused and to extenuate the often
y ~ much as those which tend to pro
guilt. This is the system that p1
Hiled in the common law procedu
id which became the instrument of o
iession of the kings and courts alil
v, which the ger erst:ons fought
perate us from.
Conceding that the officer, who
yarged with. the duty Of conducti
e trial is as capable and conscientio
- II is possible for an individual
]. yet he has only a finite mind a
r very facts which establish the
lcence of the accused, may be lov,
pked or cast aside as lmmater1
nen if he had personal counsel tn
Guild be brought forward and Civ
Il proper consideration, and the {
5sed acquitted. To retu
the methods of the courtsmart
-Ru1d be to go back to methods aba
,ned centuries ago, and to surrend
that has been won from monarc
the generations gone.
3 The System Not Wrong.
The weakness is not in the syste
i in the persons charged with the {
iltion of the procedure.
We are in the midst of new era
lis country, and the test of thu
I 1, l. ~