Daily press. [volume] (Newport News, Va.) 1896-current, 1908-09-08

Injunction In reference thereto" u
Il l. true that no one now MAINTAINS
that. then why find fault with our plat
form on that subject? II nobody op
pos 4 our position. We ought to have
no difficulty In securing the passage
OF a law In harmony with this plank,
Upon the jury question AIR. 'Taft
clearly takes issue with us. He Is
thoroughly aroused by what h. re-
CARDS as a menace to the courts. Her"
is his lament:
Never In the history OF country
has there been such an insidious at
tack upon the judicial system as the
proposal 10 iEt%rjeCt a jury trial be-
tween all orders Of the court made al
ter full hearing and I'll" enforcement
of such orders
important u True"
This would come under tn head OF
important. II true" But The fact is.
our platform specifically deciaycs that
We favor Il measure which passed
the United States Senate in 1896, and
which Il Republican Congress has ever
since refused to enact" etc. provid'
ing for trial by jury in cases of indi'
rect cont mpt. Are no. tn" proceed
inSs OF the United States Senate a
part OF the history OF the country?
This measure passed the United States
Senat more than twelve years ago.
and the vote upon II was SO nearly
unanimous mat no roll call was de-
mand.d Tho bill was not smugglei
through without discussion. II was
amended Ia open Senate and the
m inbsrs Of the Senate had amply OPP
pCrtunily to understand II. IL would
have Iassad Congress and become
law long ago hut for the fact that a
few large corporate employers OF labor
have kept a lobby In Washington ever
since, and have been aide to coerce
Congress into ignoring the laboring
mems plea.
MIR. Taft Is not an unbiased judge
sideratiOn. He Is not only known as
the father OF government by injunc-
ton, but he Is prejudic:d against the
jury system. Every man is uncon-
sciously influenced by his environ,
ment, and Mr.. Taft's long service upon
the bench has led him to underrate
the Importance Of the jury system. In
his address to the students of Yale, en-
It'll, d. a Judge Oh the Bench" he
shows a decided leaning toward an
increas" OF the authority Of the judge.
and praises the procedure In the fed
sral court at the expense OF the ives.
tern courts even though ne admits
that the jury system popularizes the
court and gives the people 10 under.
stand that they have. not oniy an In
tec-st. but also a part. in the admins
tration OF Justice" He has fallen into
the error Of assuming that any I'M
provement In the method of court pro.
cednra Is an attack upon the authority
OF the court. This Is an ancient meth
cd OF opposing reforms. lord Macau-
lay had to encounter similar objection
when he favored the reform OF the rot
ten borough system OF England. Those
who were opposed to the reform con-
strued II as an attack upon the throne
and as a menace to the stability OF
government, but tho reform was Sc
cured and the government Of England
was improved rather than impaired
So the reform attempted BY the Senate
| twelve years ago. and endorsed by
three democratic national conventions
Is in the interest Of justice and has
for its object the strengthening of the
court in public estimation.
| No Reflection Upon Judge.
1t liz not q reflection upon the Judge
; of a criminal court to say that ne shall
not decide upon the guilt OF the nc
cused. Our criminal courts are the
better. not the worse. for the sub
stitution Of trial By jury. No common
law judge feels that it Is a renection
upon him when a party to suit asks
, for a trial before jury. 1t Is the spe'
cial function Of jury to decide upon
the credibility Of Witnesses. and the
manner OF witness upon the stand Is
often as important AZ his WORKS In
determining thu weight to be attached
to his testimony. A Judge Is apt to be
hampered by precedent. He wants TINS
decision to harmonic with former de
cisions rendered by him. although the
facts are never the same In two cases
The Jury Is better able to decide each
case upon It's merits.
II must BE- remembered, too. that IN