The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1907-06-18


chorus by remarking that "the super
Tor courts in America do not ask when
an appeal is taken 10 them, is the
judgment just7 but is there any error
Of whatever kind in the proceeding OF
the trial court7 If there is, the pre-
sumption OF prejudice exists at once
anu the whole case has 10 be tried
over again. II is this fetish-worship
of forms and rules that has made the
judicial procedure OF America rnen-
ace to society,""
The Post says that this menace has
taken the form OF predatory wealth,
to which the courts are subservient,
and OF indifference 10 human life,
WHICH MAKES THE UNITED
STATES SHOW A FAR HIGHER
PROPORTION OF MURDERS to the
million inhabitants than any other
country in the world except Italy and
Mexico, and adds that America is the
only land where the number of MUIR
ders is actually on the increase.
To the London outlook nothing
seems more remarkable than the indif-
ference OF the American judiciary to
the scandals occurring out of this con-
dition of things. To quote farther
from the Outlook, Just as they have
over. elaborated the machinery OF poll
tics until democracy is bound and
helples in its tolls, so THEY HAVE
MAGNIFIED THE MERE TECHNl-
CALITIES OF THE LAW UNTIL
JUSTICE HAS BEEN THROWN
INTO THE BACKGROUND, AND
LOST SIGHT OF"
1ne London News charges that IAN
even worse disgrace is THE PRAC-
TICAL DENIAL OF JUSTICE TO
MEN, WOMEN AND CHILDREN
mutilated by hundreds in the streets
of American cities through the opera
tion OF street car systems. This paper
says that II is practically useless to-
bring suits against the offending cor
poration. IF the case is ever reached
during the lifetime Of the unhappy
plaintin, 1T WILL BE EITHER
THROWN OUT OF COURT ON A
TECHNICALLY, or decided In the
court above on some fine technical
point THAT HAS NOTHING TO DO
WITH CONNEXIONS OF JUSTICE,
FAIR PLAY OR COMMON SENSE"
These are but few of the many
OF like character. While
g,n,a ,f ,h. gtrictura. NAV MT ne an
tirely warranted by the facts II will
probably be admitted by those OF us
whose judgment is not entirely be-
logged by egotistical pride in our own
institutions, that there Is much in our
system OF judicial procedure which
will not bear close critical analysis.
II may be that our most glaring |
judicial defects are due TO that deep l
rooted feeling, which is fast dying out,
THAT THERE is SOMETHING /
SACRED AND ABOVE CRITICISM
ABOUT OUR COURTS OF LAW.
Even now there are many men, other
wise broad-minded and intelligent,
who tremble. with horror when a Citi-
zen gives voice TO his righteous indig-
nation because OF an outrageous mis-
carriage OF justice due to an inefficient
Or yenal Judge.
But, happily, there Is an increasing
tendency TO examine more closely into
he proceeding and judgment Of the
'ourts OF law in this country, and the
I'D fetish-worship IL giving way be-
ore intelligent and wholesome criti-
ism OF the judicial, as well as the ex-
gutiye and legislative branches OF
government
We are beginning 10 see that II is
USTICE, not the courts. that Is
ACRED, and that INJUSTICE
.osEs NONE OF ITS ABHoR-
iENCE BECAUSE TT HAPPENS TO
iE PRONOUNCED BY ONE WHO.
OR A FEW BRIEF YEARS,
YEARS THE ERMINE.