Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1908-02-27
LEGAL REFORMS
Certain Phases Of Admins tration
Of Law Discussed by Attorneys
Ellsworth and Wright.

ellsworth ana Wrlght.
At the recent meeting of the
Stutsman County Bar. Association
Mr.. Ellsworth's address on "Some
phases of.the administration of GRIM
inal law from the standpoint of a
citizen" called attention to the
great interest taken by the greatest
jurists OF all ages on the subject. 1t
spoke of the fact that the United
States Constitution adopted over a
ll8 years ago, embodied and even
went in advance Of the best thought
and highest civilization of that time
in reference to the rights of persons
accused Of crime. Experience has
proved that the principles estab.
lished by the constitution we're wise
in the extreme, and have been amply
indicated, and it is believed that
our system Of criminal law IS good
as has ever been devised, and it is
the duty of the citizen to work in
harmony with the jurist and the at
torneY to improve our system Of
criminal jurisdiction and to enforce
it in the spirit In which it was
adopted. The system itself is not to
blame for the frequent miscarriage
of..justice in the enforcement .of our
criminal law. Judges sometimes. act
on the mistaken theory that their
duty is in convictiny rather than ac-
quitting those accused Of crime. The
public prosecutor forgets that the
duties of his office are quasi-judicial
and, Inspired by ambition or parti-
san zeal, no ensures his success by the
number of convictions he is able to
secure. This is a serious misconcep-
tion of the duties of his Office. Trial
judges sometimes fall into the same
error and their zeal for conviction
trenches seriously upon the defend
ants right. These instances do not
arise so much from intent as from
undue zeal and mistaken sense of
duty.
Attorney E. II. Wright of Fargo
spoke length on the benefits CT Or
ganization by the profession for the
promotion of the general good. He
referred to the work Of building this
empire, to the magnitude Of it, and
the necessity of wise laws and their
execution for the ultimate success of
our system of government. All pro-
fessions and classes must cooperate
in civil life in he making of laws
and their administration left to the
lawyer.
The Bar Association of this state
has a committee on Jurisprudence
and law reform, but this commit e
has never made report 1t is prom
ised that at the next session of the
Legislature report will oe made and
certain matters of law which have
been found by experience to require
CORRECTION or revision will be taken
up and recommendations made there
on for legislative action. Assistance
in this matter was urged from attor-
neys, not members, of the commit
tee.
The Harry Thaw veruict was re-
garded as triumph for the enforce
ment of the law consistent with the
facts surrounding the case; verdict
Of insani'y was received by the pub
lie with appreciation. The theory of
the first tIia' was monstrous doc
trlne that any man may be his own
avenger after his passions have had
time to cool and reason regained its
sway. Such doctrine may have ap-
pealed 10 the chivalry of other times
but has no place at the present day.
The law should be administered as
it is, not to distort it or conform to-
the views of the la"yer or the judge.
The defendant must be accorded all
the rights which the law gives him
and he must be convicted under the,
law or not at all.
Gross inequalities have grown up
In tn, matter of taxation and the
charge is made that railroads and
other transportation lines are not
paying their just share Of the pub
lie revenue, and that our assess
ments are upon a basis not described
by the constitution and statutory
law Of the state. The consequence is
tina: the greater share, in proportion,
of the public burden, is borne by the
poor man, than the rich. A meeting
of the county auditors and commits
sioners to be held in tile near future
10 this state, is to consider this ques-
tion, and manifest reform, is needed
which can only::be brought about by
concerted action. The lawyers of the
state must display a greater interest
IN fho i'm no Vfia1 adno n lot - Z ion -