Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-03-16
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Nevada, March 16-Some time ago
| there appeared in this column afcopy GU
letter written by one OF the JUDGES
| of the supreme court of Iowa, IN winch
said judge expressed strong Opinions
against capital punishment. Ihls
point was raised in this column, "ha'1
| would this judge do if a Busse case
| came before him, on any form OF az
peal, and assuming said judge would
act conscientiously, it was poihteo
| out the uselessness Of convicting In
| the lower courts any one for the CRIME
of murder in the first degree. Since
| then the writer has seen a letter from
Chief Justice Weaver on this same
subject. written to newspaper mail'
that criticised the attitude OF the SUI
| preme court in the Busse case. Altho
this letter was not intended Tor put-
LEGATION it contains so much OF inter-
est to the citizens of Iowa, 1t VIII he
freely quoted from. After saying that
individually he has no sympathy With
sentiments of the judge referred 10
in this column he continues:
II am not authorized to speak for
any other member of the court, but
can truthfully say that in all the n
timacy of association which comes
from close and confidential relations
over a period Of years, l nave yet 10
hear any expression or hint OF airy
sentiment such as attributed to one
of us. Whether so intended or not the
force and effort of such statements
and comments carry an implication
against the integrity of the court or
of it's members; for if am capable 'of
contriving to set aside or nuLlfy a
Judgment legally obtained, because !
am not in sympathy with the law
which authorizes 1t, then I am unit
for the office 1 hold and should pc
promptly impeached. fully beieve
in the doctrine that every incumbent
Of an official position should be open
to and receive the freest criticism
compatible with truth and fairness.
You will not find me lodging respon-
sibility for what / say or do.
Indeed, so far as these things affect
me personally I have buffeted the
world too long and have received too
many kicks and cuffs along the route
to allow them to ruffle my feelings,
but / do believe that in times like the
present when so many are guided by
their impulses rather than reason,
when there are so many inclined to
condone lawless violence and cast dis
credit upon the law and its adninistra-
ton, the safe and sane" element OF
society Qn which have been wont
to class editorial forces) should be
found with those who strive to uphold
the arm of the state and vindicate so
far as possible the virtue and power or
organized society against the demor-
alization which follows with mathe-
NAUTICAL certainty upon the triumph of
lawlesshess.
Your article with it's half expressed
indictment Of the good faith of the
court will be made the basis Of re-
newed assault all along the line by
those who are much more interested
in affixing some faint of discredit to
the administration of the law than
they are to aid in the suppression
Of crime and while its effect upon the
individual members of the court is a
matter of small moment (for our rise
or fall is a matter of Importance to
ourselves), but the court, like the deg
islature and the executive, is essen
tial to the continued existence of the
state and nation and you cannot hope
to blacken its reputation or destroy it's
influence without injury to the whole
fabric of government.
l write this to you PERSONAL---VERY.
for publication, because I have seen
too much of the folly of trying to over
take misstatement, or even a mis-
taken impression, which has once taken
wing; but because i have too much
confidence in your sense of fairness and
your high standard of right and wrong
in Journalism, to believe that with your
attention once called to this matter you
will be willing to give aid and COM
fort to enemies of orderly government
by unfounded dispersion of the law or
of its administration"
Judge Weaver and large majority
of his profession fail to see the indict-
ment against them. The people of this
state say in substance, we have made
certain laws concerning crime. We
have elected judges to preside over our
courts for the very purpose of punish
ing criminals when legally tried and
convicted. Now, after this action on
our part, you deliberately allow such
convicted criminals to escape the PEN
atty prescribed by the laws we have
made, by setting up technicalities, car
rying out the letter rather than the
spirit of the law. The Charles City
mob said in substance and by a most
effective action, we made a law to hang
murderers. In the Busse case the
judges and lawyers Of Iowa taking adj
vantage of technicalities gives him an
other punishment than, the one we de-
creed for such a crime. Therefore, to
prevent a repetition of such acts on
your part, we will execute the law
in this case. There is nothing per-
sonal in this indictment. 1t includes
every one Of the legal profession in
Iowa, from Judge Weaver down to the
latest graduate of our law schools. AS
said before in this column, Judge
Weaver in his newspaper articles and