Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1908-09-08

Importance of the jury system. In
his address TO the students of Yale,
entitled, "A Judge on the Bench he
increase of the authority of the judge,
and praises the procedure in the fed
eral court at the expense of the west
ern courts, even though he admits
that "the jury system popularizes the
court and gives the people to under
stand that they have. not only an in
terest but also a part, in the admin
istration of justice" He has fallen
into the error of assuming TIL; any
Improvement in the method of court
procedure is an attack upon the au-
thority OF the court This is an an
cient method of opposing reforms.
Lord Macaulay had to encounter a
similar objection when he favored the
reform of the rotten borough system
of England. Those who were opposed
to the reform construed it as an at
| tack upon the throne and as a menace
to the stability of government but the
reform was secured and the govern
ment of England was improved rather
! than impaired. So the reform attempt
ed by the senate IL years ago, and en-
dorsed by three democratic national
conventions. is in the interest of JUS
tice and has for its object the strength.
ening of the court in public estima.
ton.
| Not Reflection Upon Judge.
1t is not a reflection upon the Judge
Iof criminal court to say that he
!; shall not decide upon the guilt OF the
accused. Our criminal courts are thu
better, not the worse, for the substi
tuition of trial by jury No common
law Judge feels that it is reflection
upon him when a party to suit asks
for trial before a jury. 1t is the
special function of a jury TO decide
upon the credibility of witnesses. an;
the manner of a witness upon the
stand is often as important as hi:
words in determining the weight t
be attached 10 his testimony. A iudg,
is apt to be hampered by precedent
He wants this decision TO harmonic
with former decisions rendered b,
him. although the facts are never thu
same in two cases. The jury is bet
; ter able to decide each case upon it
; merits
, 1t must be remembered, too. that il
cases of indirect contempt. the charg
is criminal one and that the punish
ment is by fine or Imprisonment. Al
, the reasons that apply to crimina
cases apply to these cases of indireC
) contempt. and the abuses to be rs
t moved by the proposed law are thos
that have grown up because of tn
f increased tendency of the great CO.
porations to use the writ of injunt
t ton to avoid the jury trial.
The democratic platform propose
no interference with the right of til
r judge to decide the cases of direC
: contempt-co contempt committed in tn
: presence of the court neither is
: proposed to interfere with the RICH
I of the Judge to determine the punisl
ment for indirect contempt. All tha
/ is sought is the substitution of trif
), by jury for trial by Judge when tn
y violation of the courts decree mus
: be established by evidence.
1 Not only is the prosecution for col
S tempt a criminal prosecution, br
+ there is even more reason for jur
: than in the ordinary criminal cas-,
1 In the criminal court the judge act
a in judicial capacity only. He is III
a responsible for the law which is bein
: enforced in his court and therefor
+ he has no personal grievance again:
2 the defendant, and not being tn
9 prosecutor in the case, he does NJ
feel personal interest in the resu
g of the trial; but in contempt pr
/ ccedinS the judge is the lawmaker an
5 public prosecutor as well as til
:, judge. 1t is the judges order whic
e the accused is charged with violating
/ and it is the judge VINO appears
t prosecute the case. upon which he
. 10 render decision. In our FEEDER;
e and state constitutions we have car