The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1908-12-02


quarters where more austerity pre-
walls, 1t has been limited that these
were dull, low browed individuals,
who were thick headed and 1t is even
limited sometimes purchasable.
From what has been said in sur
prised and injured tone, 1t is hard to
believe that Wayne County is not
den OF corruption and no place like
unto 1t in all the world. 1t may not
be amiss to say that the conditions
which apparently led to the decision
under controversy, have always OBJ
tanned to some degree in jury trials
and the condition is not nearly so ex-
tinct as the celebrated do-do bird in
the fauna and fora of the legal world.
It will be remembered in this state
that 1t was not SO very many years
ago when the railroads could not OBJ
tain justice. no matter how clear and
reasonable the case. Even today a
woman whose horse gets frightened
at train in some portions Of the
state can get almost any sum she
chooses to ask for On the strength of
nervous shock In this day and
generation it is almost impossible to
get justice for a negro in any sort of
case in the South. In certain other
parts of the country the Unwritten
Law Yields far more weight than the
statute
Every body knows these things and
it has come to be taken for granted.
However immoral these things may
appear they are not to be treated with
disregard nor are they to be thought
entirely unreasonable. Many or the
most of these things come from weak
laws. BY a weak law, the penalty of
the statute Is not called into question.
That in some cases may be q cause of
the weakness. In general a weak law
is an uncalled for law. which is pass
ed because the legislators must salts
fly their propensity for doing some
thing. Any law is weak which has
not the sympathy of the average man.
If it has not this sympathy it will be
so much useless timber. Call to mind
the fact that the laws under which
most of the corporation abuses have
been prosecuted and it will be remem-
bered that these all lay idle until the
public conscience got in behind them.
1t is at this point that the public gets
in its work.
Legislators may in their wisdom or
folly pass any law-the prosecutor
may do his best-the judge may give
the omst explicit directions, BUT.
1t is at this point that the personal
element comes in, for it is the spirit
Of the people. Be that spirit for the
good or bad; be it moral or immoral;
be it venal or incorruptible; be it IA
natical or broad minded; there it is
(like it as much or little as you
please.) "Yes," you say, "but these are
not our representative men, these are
not our best citizens"
If not, whose fault is it? Is it not
the fault of these same good citizens
who are the severest critics but who,
when the time comes for service on
juries disqualify themselves and leave
the justice Of the community for the
hangers on of political parties and the
professional talesmen? These same
good citizens are not there when they
should be. And hence it comes to
pass that the jury, no matter what its
personnel actually is, is almost invar-
iably representative. And it is the
loudest boast on all occasions that we
believe in a representative govern
ment
Thus the personal element, the spir-
it behind the law which should be
both it's source and enforcement does
play a greater part in the scheme of
things entire than we who are some
what SNUG like to admit
Will things change? Of course they
will. But slowly. Nothing that is
worth while happens soon.
Many things will have to happen
first.
Some day, in the far future, we may
hope to have laws which are good
laws without any superfluos grand
stand plays on our statutes. We may
have good judges in more abundance
and we may then have juries which
can then decide within and not with
out the law.
1t Is foolish to call juries names,
it Is equally foolish to blame judges
and foolish to rage a tempest in re-
gard to law. The fact is that all
these actually represent for the most
part exactly what the majority of peo-
MIA raally want In tho oo4uoI xro,l-;o,