The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-05-08
Some Absurdities
of Court Practice
Portland Oregonian

| Oh NOuTC TaCLlCC |
Portland Oregoniap
The absurdity OF much of our sonrt
procedure is never shown more fully than
when some one undertakes To defend the
practices that now prevail, Such result
Is witnessed In the effort OF the Salt Lake
Tribune to answer a criticism recently
made by the Oregonian upon the outcome
courts at Salt Lake Some strangers made
complaint that they had been bunkoed,
and that the Police were standing IN WIN WIZ
ers were made defendants in criminal pro-
ceedings, and. after much delay, the case
was ordered dismissed, because the In,
formation charged a misdemeanor and
the prosecution proposed TO Try the de-
fendant for a felony. Because cnse so
important had terminated without hear
ing upon It's merits, the Oregonian plainly
indicated Its opinion that there rs some
thing seriously wrong either with the
courts decision or with the law, Now
see how the TriburN defends the court:
III a Judge who refuses to proceed to
try man for 81 felony when he is merely
charged with q misdemeanor should bow
the Judges In the United States on Fed
eral and State benches would have TO
share that bowling for they have all done
precisely the same thing that Judge Arm
strong did In the Sheets case. II Is true
that Attorney General Breeden, weakly
lending himself 10 the use. Of the CON
home-run appeal from the ruling OF Judge
Armstrong In this cese, but of course
he has no !dea OF winning the point OF
appeal, which is made not at all In good
faith, but merely 10 delay the case and
hold the matter over as an electioneering
political dodge for next falls campaign"
The Oregonian's criticism was aimed
against a system which either permits or
compels Judge to render a decision that
perverts rather than promotes the cause
nf ,Cf 'la TIL l,,,nn fl,nt h,s
Judge was compelled to render such a
decision and then proceeds TO show that
by means of the decision the Attorney
General OF the State is able 10 keep the
case in court for an indefinite time for
political purposes; Worse and worse. Ac.
then stand helplessly by and see a case
In court manipulated for political pur-
poses. Assuming that the court was
obliged so dismiss the case. because the
information charged a misdemennor and
the facts 10 be proven constituted fell
ony. then the law is seriously at fault
toward the, revision of the law, He
should, as the OregonIan said in the ar
ticle criticised by The Tribune. refuse to
be a party to judicial proceeding so alb
surd If men have been arrested on
charge OF misdemeanor and the facts
show felony, the case should not be dis
missed and the defendants discharged,
but the defendants should be held and the
case referred to the prosecuting officers
for correction of the papers, The proper
procedure Is too plain TO be ignored with
criminals or of gross obtuseness as 10
justice and right, When a Chief OF Po-
men. the case should not go out OF c6urt
until there has been a trial upon the
merits. and, II the law directs otherwise
then the law is detective,
Again, The Tribune tells us that when
the case was brought the police "used
every effort possible to get these men
(the compainants) 20 stay and help
berry. but'they declined. saying that their
tickets must necessarily be used, which
took them to Los Angeles II was their
own stubborn refusal to stay that blocked
proceedings at the outset" BY this
Is shown another disgraceful condition
OF the laws or court rules as they oper-
come into city, have the chief OF police
arrested on charge OF conspiring with
bunko men. and then go away at his
own pleasure. there Is something wrong
with the court procedure. II the chief Of
police was anxious for a trial upon the
merits as The Tribune says he was, the
poenaed as witnesses and required TO
give bonds for appearance TO support the
charge they had made. II the chief was
innocent, as The Tribune says he was.
ne should have asked that the informa-
tion be amended instead of asking that
II . be dismissed. in order that there
bC HOlHi!l6 W Sldn0 between nln!
and Nindication The chief OF police was
not alone an interested party. The citv
Of salt Lake had a reputation involved
IN the charge, and the people of that
city had u right 10 know from. the pro
duction OF evidence whether their trusted
officers are faithful or not.
When The Tribune asserts that this
case was not legal one but a nolitical
one, that political conspirators control
II and have the matter In their own
hands. and that they have refused The
chief of police triol upon the merits,
THAI paper has made an indictment
against the courts OF Salt Lake a thom
sand times more serious than any the
Oregonian had ever dreamed Of This
paper said that either the decision or
The law is absurd. The Tribune saws
that the court is being used as tool
for transparent political trick" II
yom 10 say In defense OF a court that /
WIZ permit Itself TO be used 10 promote
this h political football merely for poiitI-
cal puiposes?' In spirit OF charity
,he oregonian was disposed to assume
That the court had merely done what
the law compelled IL 10 do. There is
no law, In Utah or any other place, thai
REQUIRES court TO remain uuicscout
While It's Jurisdiction and procedure are
ocinG manipulated by political conspir
ators Tor playing OF transparent politi
caI tricks. Il court has anv Inherent
rights IL has right To protect It's die
MY ifom the assaults OF those who