The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1907-11-05
OUR LEGAL SYSTEM.

Chicken hearted jurymen, legal tech
nicalities and the tendency OF unpa-
triotic. selfish men to evade jury SER
vice are said. by Judge Marcus kaV-
anough. TO have honeycombed with in
Justice the legal system of this coun-
try While there may be some truth
in that assertion the learned judge
came nearer to the point when he said:
Legal technicalities which were de
signed for the protection of the de-
PENDANTS have been construed into OBJ
structions of Justice
AS a general rule juries are inclined
to be just and instances are not eX
ceedingly numerous in which twelve
good men will agree on rank, unjust
verdict unless compelled to do so by
the instructions of the court according
to the law" in the case.
BY nice distinctions made by courts
of final jurisdiction, which establish
rules for the government of lower
courts. cases are tried, not infrequent-
ly. according to strict rules for the in
PRODUCTION of evidence with great re-
gard for the written pleadings filed
by the attorneys and actual inquiry
into the justice of the proceedings is
precluded by technicalities understood
only by the most astute lawyers and,
There bein" so many of these fine dis
tinctions, the most careful and consci-
entious attorneys are liable to overlook
some of them in which event the liti-
SAINTS must suffer the consequences
and justice is not really considered.
In our courts, both criminal and
civil. the tendency is too much toward
turning the respective parties loose 10
contest their rights under rules and
regulations. known only to the counsel
for the litigants and the most learned
or shrewd jurist may win OH the law
as prescribed by the legislatures and
interpreted by technical courts rather
than by reason of the justice OF the
case.
If counsel fails to make certain spe-
swer. or other pleading. according to
the rules of which the layman is nee
essarily totally ignorant. the litigan,
is surprised when brought to trial tc
learn that he is precluded from intro
ducing perhaps the only evidence on
which he relied to establish the JUS
ice of his contentious. The court viii
be sorry that such is the case but Ii
must be governed by the rules laid
down for its guidance and justice may
go far astray.
Attorneys are employed to represent
their clients and are anxious and fee
in duty bound, to do so to the best OF
their ability and take ADVANTAGE OF
every protection offered by the law
even if it be technical. They are, per-
maps, not responsible for the law. and
II opposing counsel has fallen down
there is no help for it. The litipan ",
should have employed better counsel
Our system of laws. courts and trials
is complicated one: our statute
DOCKS have grown into volumes: the
oeclsions of our courts will fiji IL
brarles and it takes years of specia1
preparation to be able to. even in q
small way. understand methods Of
procedure. The average citizen can
not take the time to acquaint himself
with the laws alone, TO say nothing
OF the numerous constructions of the
various state and federal courts. and
must rest his hopes for justice win
the legal profession, on whose sbon1
"eiN Is paced a great part of the
responsibility Tor the integrity of our
national institutions.