The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-01-31

Johnson suggests a limited right of
appeal. He says:
The right of appeal should be re-
stricted. AS the law now stands a man
who brings a suit in a justice court
involving a small amOunt-say for ex-
ample Sl00-must face the likelihood
of having that case first tried by the
Justice, then taken on appeal to the
nisi prius court and there tried. and
further taken by appeal to the appel
late court, where it may be remanded
for new trial, again tried in the dis
trlct or circuit court and again ap-
pealed to the appellate court. All of
this consumes years of time and piles
UP costs, so that long before the case
reaches its miserable end the real bone
of contention is the payment of the
costs, and not the original cause of ac-
ton One of the favorite arguments
employed by a wealthy party to a con-
troversy to discourage his poorer ad-
VerSary from resortilg to the courts for
redress of his grievances is the
threat to litigate the case to the court
of last resort and every practitioner
knows how effective this threat is in
numerous cases. When the poor man
learns what this means to him, he
very naturally concludes that he would
better surrender his rights than incur
the risk before him.
Would Let the Judge Advise Jury.
The rule of our practice" said
trial judge from expressing any opin-
to the jury relative to the intrinsic
merits of the case he tries should be
abandoned, and the judge accorded
the privilege Of expressing his opinion
upon the issues Of fact and the weight
of the evidence for the Information
and guidance Of the jury but should
be required when he does this to tell
the jury that his views are but ad-
visOry and not mandatory, thus leay-
ing 10 the where hPAnnnE The
determination of all issues of fact. This
practice now prevails in the federal
courts, and I believe has there proven
highly efficacious in the production of
righteous Verdicts-
Il am a firm believer in the jury
system. But without entering into a
dissertation upon its merits. will say
that under our present practice Jur1es|
often commit very palpable errors in
verdlcts. not from dishonesty, but be-
cause they fail to arrive at a clear un-
derstandmg of the issues involved.
In our practice the judge is per-
mitted TO sustain motion for new
trial on the ground that the verdict of
the jury is against the weight of the
evidence. We thus recognize in
qualified way his right and duty to
supervise the action of the jry, and 1t
would seem that the same principle
that accords this right to him, de-
mands that the jury should enter upon
their deliberations with the aid of his
opinion upon the facts"
An Eloquent I'eFOFatiOn.
Judge Johnson concluded his address
with the following eloquent peroration:
The defects I speak of are those
that result from the natural frailties
and imperfectioas of the human mind
and understanding. Nothing is so bril-
liant nor 50 eccentric and uncertain as
the operations Of the human intellect
At times it flashes forth in trans
cendent glory Illuminating pathway
to the very gates of heaven and then
faints to the merest glow that sheds
no light, but hangs over the quagmire
of error reckoning the wayfarer into
danger Mephistopheies in seeking per
mission to exert his full power to Sc
duce Faust, sneeringsy and eXultantly
tainted the Lord in these words with
mans failure to properly use the divine
gift OF reason,
&c Better he might have Jared. poor
wight,
Hadst thou not given him a CLEAN Of
heavenly light
Reason he names it and doth So
Use it than brutes more british still
to grow
/ Faith in our destiny. to say nothing
I of egotism. will not permit Us to adopt
( this satanic view of our situation, but
+ it cannot be denied that the average
4 man makes but Indifferent use of this.
4 the greatest attribute Of the mind. The
4 most common error appears to lie in
4 the natural and unconscious inclination