Watertown weekly leader. [volume] (Watertown, Jefferson County, Wis.) 1906-1908, 1908-01-10
LEGAL RED TAPE IS
A BAR TO JUSTICE
TOO MANY TECHNICALlTIES
HINDER JUST VERDICTS.
Especially SO in iCrimindl Cases
Declares Iowa Supreme Judge
Would Abolish Grand Jury
Senator Whitehead Talks on
Law Making.

"In an interesting address on" Pro-
posed Reforms in Crimlns Procedure"
before the American Political Science
association Tuesday. Justice Horace
E. Deemer of the supreme court of
Iowa. severely criticized the American
system of criminal procedure, which,
he declared to be overburdened with
technicalities and demanded urgent
reform. He did not favor a return to
European methods, but he admitted
that too many criminals escape punish
ment under present rules, which allow
sentlmentality on the part of the peo-
pie and Iechnicality on the Tart of the
courts to play an important role.
Gin reforming the present system,
said Justice Deemer, 81 would have
the states attorney charged with
greater responsibility, so that he may
not shift che blame of inaction on the
grand jury or other tribunal. The
trial Judge should have more power in
the selection of jury ana exercise
greater authority over counsel. The
grand jury, unless it have inquisltion-
al powers. should be abolished, and in
it's place the committing magistrate
should act, giving all public hear
ing. The arrangement and plea, if trial
be had, are both unnecessary, and no
reversal be had because of their
omission. Speedy trial, the right to
cross examine affiants for continu-
ance, should be granted.
II favor radical change in the
election of jury, whereby the court
may either conduct the examination
or control it. The rules of evidence
should be modified, the state to have
the same power Of using dispositions
of absent witness as defendant.
Appeals should be had where mag
istrate or inferior tribunal has original
jurisdiction, except on some question
of law reserved by the trial court.
The power of reviewing testimony
shcnId be taken from the appellate
court, and reversal should not be had
on account of immaterIal. irrelevant,
or incompetent testimony unless 1t be
found prejudical. The time of appeals
should be limited to three months, mis-
takes of court should not be ground
for reversal unless 1t is shown that
prejudice resulted, and the institution
of chnyllI h.,
established In his speech before
the American Political Science associ-
alton dealing with the present obstacles
in the way OF getting Legislation in
the legislatures, Senator John M.
Whitehead of Evansville laid emphasis
upon the fact that at the beginning of
sessions during the time that the
bodies are being organized, party lines
are drawn, which remain and which
have considerable to do with shaping
legislation. He also scored the lawyer,
who in drawing up bill fills it
with unnecessary words and prases
which make the task of the legislator
a more difficult one than it would
otherwise be.
Legislatures, while they are
made up of good men, are for the most
part made up of men with NO 1egis-
1ative experience, said Mr.. White
head. When they come to Madison
for the mos. part they are strangers;
they are merely persons who have re-
ceived q license from their fellow
citizens to come to Madison and make
u Legislature. Their first duty is TO
get organized and this organization
resolves itself into game of politics,
in which they engage with more or
less eagerness, party against party,
and sometimes faction in party against
faction IN party. In this way, party
lines are drawn, which remain with
more or less distinctness, @nd these
lines shape Legislation itself and often
the votes. members cast on any part
of the legislation. This is condition
which exists IN the legislature and also
in cong ress.'