Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1907-04-25
THE DELAYS OF JUSTICE


The opinion has been expressed that the
lynchng craze which has spread over
this country in the past to such an
alarming extent is to be attributed in no
small degree to the delay OF criminal JUS
tice. At first thought one might be tempt
ed to note an exception to this statement
in the case of the vigilance committees
who for so many years administered just
ice in our western frontier towns, but a
moments consideration will serve to
show that 1t was generally the absence
the consequent uncertainty of justice
which rendered it expedient for these
communities to take the law into their
own hands.
At the present time lynch law finds it's
most prolific field in the South in con-
nection with an unspeakable crime, and
its prevalence is proba bly, TO be attribut-
ed as much to the popular sense of the
inadequacy of legal penalties for the
outrage of womanhood by beasts in hui
man form as to the uncertainty of
alton. This problem, therefore, stands in
class by itself, and strangely enough
it is peculiar to the most highly civilized
nation in many respects in the world
Our purpose at this time, however, is
to consider merely that phase of the
problem involving the results of retarded
justice. 1t is customary for the people
to hold statute laws responsible for
delays in courts and the frequent mis-
carriage of justice resulting therefrom
AS matter of fact, courts. especially
those of New York are more blame
worthy In this connection than the bench
itself might be willing to admit
We all know how the supreme court of
the United States through its interpre-
acts of Congress has at different periods
in our national existence materially
modified our federal policies and trans
formed our ideas Of government Our
supreme bench at the time of the bred
Scott decision was favorable to the extension
OF slavery. and we Of this generation can
hardly conceive that Chief Justice Taney
half century ago read the opinion of
the majority of the justices of our court
Of highest resort declaring negroes so in
ferior that they had no rights which the
VA
decision as to SCOTS status became in
effect the law of the land more deeply
grounded than a mere act of Congress
for it had the backing of tribunal
from which Americans have no appeal
So in other ways has our national SUI
preme bench shaped our laws and guided
our destiny as a people.
In no less marked, though more incon-
spicuous ways are the criminal courts
of different States, and in rare cases our
supreme bench itself, shaping the course
of justice. New York undoubtedly fur
nishes the most conspicuous example
of the truth that legal procastination is
the thief of justice; and the world has
|
just been afforded noteworthy Illus,
tration of the fact.
Probably one of the most surprising
features OF the Thaw trial for the la,
mind was the extent to which evidence
that would plainly have shed searchinl
If not decisive light upon importan
points, was excluded on both sides of the
case, This procedure resulted in M
small degree from the courts careful
observance OF the Empire States crimina
code, which is fearfully and wonderful,
made but 1t was also due to the court,
interpretations and decisions regarding
points that had all the charm OF tudicia
novelty
There was never case before jus
like this one, and 1t became necessary