Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1908-09-10
BRYAN DISCUSSES
LABOR QUESTION
SAYS THAT Mr.. TAFT is KNOWN
TO BE OPPOSED TO THE
JURY SYSTEM.
TO SECURE EQUITABLE DISTRI
BUTTON is THE GREAT PROB
LEM OF THE HOUR.

Chicago, Sept. S.-Mr. Bryan in a
speech upon the labor question, deliv-
cred here yesterday quoted Candidate
Taft's reference to the labor plank of
the democratic platform wherein Mr..
Taft said:
Never in the history of the country
has there been such an insidious at
tack upon the judicial system as the
proposal to interject a jury trial be-
tween all orders of the court made
after full hearing and the enforce
ment of such ORDERS
This, Mr.. Bryan said, would come
under the head important if true"
But" he said, the fact is the demo
cratic platform specifically declares
that we favor a measure which passed
| the United States senate in 1896, and
which a republican congress has ever
since refused to enact, etc, providing
for trial by jury in cases of indirect
! contempt. Are not the proceedings
| of the United States senate a part Of
the history of the country? This
senate more than twelve years ago,
and the vote upon it was so nearly
unanimous that no roll call was de-
manded. The bill was not struggled
| through without discussion. 1t was
amended in open senate and the mem
| bers of the senate had ample OppOr-
tunity to understand it. 1t would
have passed congress and become a
| law long ago but for the fact that a
few large corporate employers Of Ia
J Dor have kept a lobby in Washington
lever since, and have been able to
|coerce congress into ignoring the la
boring mems plea.
Mr., Taft is not an unbiased Judge
where the jury system is under con
sideration. He is not only known as
the father OF government by intunc-
ton, but he is prejudiced against the
jury system. Every man is UrcOn-
sciously Influenced by mis- environ
ment, and MI Taft's long service up
On the bench has led him to underrate
the Importance Of the jury system. In
his address to the students of Yale,
entitled, A Judge on the Bench, he
shows a decided leaning toward an
increase of the authority of the Judge,
and praises the procedure in the fed
eraI court at the expense of the west
ern courts, even though he admits
that the jury system pOpuIarizes 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 that 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 men
ace TO the stability of government,
but the reform was secured and the
government of England was improved
rather than impaired. So the reform
attempted by the senate twelve years
ago, and endorsed by three democrat
ic national conventions, is in the in
iterest of justice and has for it's object
the strengthening of the court in
public estimation.
1T is not a reflection upon the Judge
of a criminal court to say that he
shall not decide upon the guilt of the
accused 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 reflection
upon him when party to a suit asks
for trial before a jury. 1t is the
special function of a jury to decide
upon the credibility Of witnesses, and
! the manner of a witness upon the
stand is often as important as his
words in determining the weight to
be attached to his testimony. A
Judge is apt to be hampered by prece-
dent. He wants this decision TO har-
monte with other decisions rendered
by him, although the facts are never
the same in two cases. The jury is
better able to decide each case upon
its merits.
1T must be remembered, too, that
! in cases of indirect contempt, the
charge is a criminal one and that the
punishment is by fine or imprison-
ment. All the reasons that apply to
criminal cases apply to these cases of
indirect contempt, and the abuses to
be removed by the proposed law are
those that have grown up because of
the increased tendency of the great
corporations to use the writ of in
| inuction to avoid the jury trial.
i The democratic platform proposes
no Interference with the right of the
Judge to decide the cases of direct
contempt-contempt committed in the
presence of the court; neither is il
proposed to interfere with the right
of the judge to determine the punish
ment for indirect contempt. All that
! is sought is the substitution Of trial
by jury for trial by judge when the
violation of the courts decree must
be established by evidence.
Not only is the prosecution for
contempt a criminal prosecution, but
there IS even more reason for jury
than in the ordinary criminal case.
In the criminal court the Judge acts
in a judicial capacity only. He is
Jov vx-bi Il