The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-04-06

means the litigation may be shifted
from the one to the other and made
to run the gauntlet of both until it
reaches the court Of final jurisdiction,
there to be sent back to the beginning
to start again.
This permits of more delays than
would be possible were there but one
system of courts as is the case in Eng
land.
This cause is almost unknown to the
laymen and but little considered by
sensational magazine writer's
Lawyers are ever ready to take any
advantage of all the bubbles possible
in behalf of q client, and be it said
to the credit of the profession, that in
all but very few cases every technical
ity possible has been taken advantage
of for the accused whether he had
money or not. In fact there are plenty
of instances where attorneys have ad-
vanced funds themselves to fight cases
Z. through the upper courts, where there
was not the remotest possibility of re-
ward.
But with all these things, are the
delays in securing conviction in GRIM
inal cases actual Illustration of JUS
tice?
The machinery of courts has natur-
ally become more complicated with
advancing civilization. 1t is proper
that it should.
The Jews, probably the most adj
vanced nation in Jurisprudence of their
time, provided the cities of refuse, and
the murderer was permitted to flee
for his life to any one of these and
once within it's walls he was safe I'M
til the time of his hearing. True, this
applied only to those who had COM
mitted the crime without premedita
ton, and if caught by the avenger
of blood might be slain. The system
was far in advance of the ages in
which it was practiced yet would be
far too uncertain at the present time
to command even respectful hear
ing.
So in later history of the Anglo
Saxon people there was the trial by
combat in which the rights of parties
were determined by personal battle
from the court of original jurisdiction
in the matter, yet not even blatant
clamorer against our present system
of government would dare advocate
such system against our present
one.
Later came trial by ordeal, wherein
the accused walked blindfolded among
hot irons and in case of escape from
contact with these obstacles, the party
was considered innocent
When the jury system was first
instituted, the jury was composed Of
men who personally knew of the facts
upon which they were to pass and
they thus became their own witnesses.
1t needs no argument to prove that
these cumbersome methods of pro-
ceedure would not suit our advanced
ideas OF today.
Now the law has been reduced to
such certainty that those not famil-
lar with it's merits consider it a tech
nicality. The line is true, and it is
SO hedged with decisions that the Sc
curly OF life and liberty is almost per-
fectly safe.
Whenever a court deviates an iota
from the perfect line of the law, the
action is subject to review by the
superior court. But if the action of
a trial court in getting away from
the established law was not subject
to review and correction, the court
could and certainly would deviate far
Their and farther until the fixed GER
tainty of the law became a farce and
justice would be as uncertain as the
whim or ignorance of the trial court
would permit.
Thus by crying out against the
lower courts being kept absolutely to
the established law, the tendency is
to adopt policy of uncertainty and
irregularity that would leave no man.
certain of his life or liberty.
Limiting the right to appeal, even
lat the temporary delay of justice, is
simply destroying the means of keep
ing courts absolutely to the law.
We value human life far too highly
in this age to permit it to he taken
even in punishment for crime with
out absolutely certainty of being
right, even if the cross system of our
judiciary does sometimes lengthen the
process.