The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-06-07
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o11n SUPREME COURT OF APPEALS.
We lately had occasion to APP
n,ond in these columns an opinion
Of Judge. Cardwell in divorce proceed
ing which went long way towards
nur,fv,ng the moral atmosphere that
commonly envelops such litigation.
II is one of the highest privileges,
ond ono Of the gravest responsibilities
Of the press, to criticize the opinions
and the den,eanor of the courts of the
Commonwealth, which constitute, after
all. the tribunal to define and determine
the limitations of the freedom of the
nress,' the main bulwark Of political
liberty.
1t is sometimes stern duty to criti-
cize; always q real pleasure to applaud;
for as long as the courts remain con-
servattve and incorruptible, so long Will
the people feel that the ark Of the COW
enant is in their keeping and that right
and justice will prevail.
And to the end that the people OF
Virginia may know In what esteem our
highest State tribunal is held by com
petent judges outside of their jurisdic-
ton an editorial in the May number OF
the Virginia Law Register is repro
duced here, that they, as well as the
profession. may know that Daniel
has again come to judgment" and that
Virginia still leads the van.
Judge Hannis Taylor, editor Of the
American Law Review, Minister to
spain In Cleveland's administration, a
distinguished publicst, and author OF
a treatise on the British Constitution
md Of one on the Supreme Court Of
the United States writes thus in the
April number of his Review, which we
reproduce from the editorial columns
,eof the Virginia Law Register. under
the caption Of
"THE TRUE REMEDY FOR LYNCH
LAW"
"a beginning should be made with
the destruction of the prevailing system
of absolute and unqualified criminal
appeals which is the most prolific
source Of existing evils. Fortunately,
we have as standard for imitation the
system of review now existing In the
ancient Commonwealth Of Virginia,
which has SO modified the English sys-
TEN as to reni6vc all.its real hardshps
to. IL, ar ,t< >I,1
practical operation of the Virginia plan
was lately exhibited to the whole coun:
try5in the famous case of McCue, upon
which the eyes of the nation were for
time riveted. When his application
for a writ Of error was made to the
Court of Appeals the writer happened
to be in Richmond. whore, as q disin-
terested spectator, he witnessed the en-
tire procedure as embodied in sections
4O52-405S OF the Code OF 1904.
"From these sections 1t appears that
in Virginia a review Of judgment OF
conviction in criminal case is mat
ter of grace and not of right. Every
convicted person has the absolute right
to present the record of his case. either
to individual judges or to the whole
Court Of Appeals In term time. with {
II. list Of the errors Of which he complains
Such was tho course pursued IN tn,
case OF McCue, whose counsel present
ed agrecord of nearly 1900 typewriter
pages, with list of the errors which
they claimed had been committed b,
the trial judge, together with q brief o
their contentious.
''After all these documents had bee
carefully considered by the judges /
was held that the errors assigned wcr
"A too frivolous to warrant the grantin
OF a Tsrit of error, which was denied
II the Judges had considered the or
rors assigned grave, they would hav
granted the writ of error, an
thereupon the case would HAY
been docketed and heard at bar. Thu
an appeal upon unsubstnntial ground
was prevented after the judges had dc
termlncd, from careful inspection {
the record. that no good grounds for
existed. The execution which prompt
Followed prevented an appeal to lyme
law
1T Is not too much TO say TINT =,
Virginia plan is ideal. In theory II
VI perfect, and In practice It has prove
entirely efiicacious, Under such a sy,
g3- ten the backbone OF the trial iudp
Is sufficiently stiffened. He does n,
fear reversal upon q series of friyolo,
objections; he knows If he conducts n
trial firmly and promptly the res,,I
VIII not be failure of Justice, provide
no grave error OF law Is committed
In no State In the Union is the admir-
fstration OF criminal law upon mo,
ST wholesome foundation. If =
the States would simply adopt tho vi
ginia plan. which is proving SO in,
and 80 eiticanlous IN practice. lynch Ia
in this country would soon become
thing OF the past
'rhe moment that the people q
convinced that they can safely re
upon the courts for the prompt a
efficient enforcement of the Grimm
law, all motive for mob violence "
disappear. Until that result Is reach
Judge Lynch Will continue TO reisr
THE sOUTIps VIEW OF DAVIS,