The Montgomery advertiser., 1907-07-01

xua1ty Of the orimes charged. Or who
does not apply bis talents 70 the apQi1-
Guiding the use Of al the existing
technicalities to cvads the law with
the ehd OF permitting trusts ana cor
porate interests % continne thar xioss
lation Of the spirit y not the letter
the administration Of the law In this
country Is pitiahly inenective.
President Denny, OF Washington and
Lee University, recently said 1T has
become saying that We make the
laws to please one<half the people and
break them TO please the other half
The other half. then, are largely re-
Judge Thomas declares that no more
fearful indictment can be brought
against the American people than to
say that the efficacy Of our Judicial
system Is seriously questioned. He
suggests as remedy ror the restora-
tion OF full confidence one thing
among others which has been, st9mb-
ling block to the Administration ct the
law for many years and which grows
more danserousfhat II, the elinnina-
tion Of technicalttfss that tend 70 de-.
feat justice. and says that the much
needed physic now prescribed Is q re-
vision OF the laws or construction OF
the evidence Of appeal . suggestion of
the Orthodox English Rule Tor the
now accepted Exchequer Rule
In the course Of his article Judge
Thomas sets forth in an interesting
way, through the quotations from
well known authorities, the way IN
which unimportant evidence having
little or no bearing upon the general
merits OF the case on trial ~ worked
through the many technicalities avail
able under our statutes 20 set aside
verdicts. II Is well known that time
decisions Of lower courts purely on
these technieaiities. when they are
known to be Of no Importance In re5ch-
ing just verdict as 10 the guilt OF q
prisoner. IN the English judicial sys-
tenn, as Judge Thomas shows. there y
nothing like 50 broad an opportunity
for defeating justice upon these tech-
nica1ities. In that country tbs gencr-
al merits Or the case are considered
Tar more than In America, whare un-
Important details are often Used to
defeat justice.
A the worlds work. from which
Judge Thomas quotes, says. The
rules OF procedure and our system %
appeals together with ingenuity in.
possesses means. have served % pro-
long issue swith q series Of trivial
questions and consequent delays. with
the result that justice when actually
not defeated Ia Ahamefuly retarded Z
And the writer In that magazine
adds: Criminal justice In thus rob-
bed OF much OF Its terror, for speed and
certainty or punishment does more to
prevent crime than does the severity
Of punishment"
Secretary 81 war Tart. President
Roosevelt ana other men Of promi-s
tience In public life are quoted to
show the danger TO which society Ia
subjected under our j-dicial system.
Judge Thomas suggests the passage
Of bill which would no doubt con-
remedy this evil In Alabama
The bill Is to require the higher court
to consider all questions on the record
BY q bill OF exceptions and to
prevent the Judgment OF conviction
from being reversed because Of error
the court, after an examination OF the
entire record, IL shall affirmatiyely APP
pear that the error complained Of L@a
In miscarriage of justice.
Certainly Alabama, as well as every
state in the union. sadly needs reform
In this respect Quibbling over details
that have NO bearing upon the general
me&ts Of the case. htse already done
far too much towards the blocking Of
Justice. A great reform will have
been accomplished in this respect when
our judicial system has been largely
freed from the legal tricks BY which
scamps and scoundrels. though shown
to be guilty from the evidences when
viewed in the light Of truth. escape