The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-09-18
BAR ASSOCIATIONS
ANNUAL SESSION
Members of North Dakota Legal Fraternity Gathered in CITY
Business Session Today-Public Addresses at Opera
house Tonight Selected for 1907 Gathering

she or the picture. What would he
the status of American legislatures If
all of these influences were quieted
or removed? With no newspapers
watching the members. with no ex-
ecutives urging legislation, with no
members ambitious to make record,
who would guide the legislatures?
Would they make no laws, or would
they continue to make laws under
other influences than these against
which he inveighs? The experience of
the American people has been that
when they did not watch the legisla-
ture some one else did The special
interest Hobbies were always there. Of
late years the people have awakened to
this truth and they have begun a de-
fensive campaign on the other side.
They now pay special attention to the
election of members of congress and
the legislatures. They watch these
persons after elected. They read what
the newspapers say about them; they
even hire attorneys to examine all
bills introduced and give expert opin-
ions upon their probable effect if en-
acted into law. Can Judge Parker or
any one else claim that these precau-
lions have been an injury? Can he or
any one else assert that they have not
been forced upon the American people?
Judge Parker in especial complains
of tampering with the election laws.
Inasmuch as he has recently come
from the labors of proving to a court
that the people of New York City had
no right to open their own ballot
boxes to learn whether their will had
been carried out in an election, he is
perhaps an authority on this branch of
the subject, but he will be long time
convincing the American people that
the tampering with election laws has
not been pretty steady advance to-
ward decent conditions. These tam
perings have given us the secret bal
lots, the individual registration, the
prohibition of solicitation at the polls
and many other needed projections.
Looking back to less than generation
ago, 1t is almost uncomfortable that
then the American voter took his ballot
from private source, that he never
knew whether it was genuine or full
of fraud, that he was obliged to pass
through mass of putrid, bowling and
sweating humanity to reach the poll
ing place, that he handed his ballot
through slot in a window and never
knew whether it was cast or thrown
away. These were the actual s'lr-
roundings of voting twenty years ago.
American legislation perpetually haK-
mering at these abuses has finally
cured many Of them. A good deal Of
the work was done by amateur legis-
lators," some of it was brought about
by executive interference" Not lit
tie of 1t was the product of sensation
al newspapers" Presumably in Judge
Parker's opinion America during all
these years should have been conter:
to be ruled by quiet. well-poised and
sleek judges. neutral executives and
expert" legislators.
In the evening at 8 o'clock We again
convened at the Capital building where
two interesting papers were read. One
by Hon. Thomas J. Herman at Baton
Rogue, La, on the Jurisprudence of
Lawlessness," and the other paper
prepared by Hon. Geo. B. Davis, Judge
Advocate General United States army,
on Some Recent Changes in Interna-
tional Law" but this paper was read
by Mr.. Everett P. Williams of New
York president Peck advised the as
ISOLATION that Judge Davis had been
sent as the representative of the
American government to attend the
Geneva conference, but had placed the
paper in his hands to be read to the
association when he found that he
could not attend) Mr.. Herman scored
the hit of the meeting. Some points
he made were as follows: Among
the unwritten laws are those sane
tioning summary vengeance for Of
fences against women and home. An
other the sanctiOning of dueling under
certain conditions and justifying as
saults occasioned by insults. That the
of sentiment against corporations in
actions brought by individuals. Such
lawless rights. he said, are partly due
to inadequate remedy provided by law
and the sanction of juries which re-
fuse to convict persons exercising
them. Education of public sentiment
and the speedy enforcement of ade-
quate punishment of offenders are the
cures"
1t was unique in point of view and
highly original in treatment and it
dealt with topic which is alive to
even the most casual reader of the
newspapers. Throughout the address.
constant ripples of merriment radiated
from the audience and on more than
one occasion the approval Of the audi
ence found expression by vigorous
hand clapping. AM sorry that l can
not in this report go into detail. but
for your benefit | will simply refer to
his remedy for lynching. He said that
any remedy for lynching. to be eff
fective, must remove all excuse for it:
otherwise it will he merely remedy
for symptoms Of the malady and fore
doomed to ignoninious failure. The
proof of certain brutal facts now re-
quired by law must be dispensed with.
and the attempt accompanied by actual
personal violence must constitute the
crime In the case of any pure and
modest woman. the outrage to her feel
ings is completed by such at attempt,
and the crime should also be held to
be then completed. The testimony of
the witnesses should be taken behind
closed doors in the presence of the ac-
cused and counsel and such persons
only as the Judge may admit to the
hearing. The testimony when taken.
should be held inviolate as is now done
in certain divorce cases in some states.
The publication of sensational reports
of the proceedings in court should be
prohibited by law. The trial should
be speedy and there should be no ap-
peal. The Judgment of the court should
be instantly executed. Where ver-
dict of guilty without capital punish
ment is rendered. the Judge should
have a large discretion in the imposi-
ton of the penalty in order that he
may be able to make the punishment
Iit the crime. but where the verdict is
ial,