The San Francisco call., 1908-03-16

positive that he has an interest in the
case. And as long as the teachings
Of Christ 1--we, il is the duty of a
preacher to preach not only religion,
but law The time has come when we
must sweep aside technicalities. ."-Ex-
tracts from sermon of Rev. E. P. Den
nett.
With stinging words Of criticism and
severe rebuke, which stirred the large
congregation that filled Wesley Metho-
dist Episcopal church to expressions of
enthusiastic approval, Rev. z. P. Den
nett attacked the whole court and
political system Of the state of Cali
fornia last night in a sermon on
Jesus Christ VS.. the California Courts ''
The pastor declared that in Califor-
MIA courts no longer attempted to Judge
cases on their merits, but based de-
cisions entirely on bubbles Of legal
technicalities. In the mass of technf-
calities that had become a very part
Of the law, he said, conviction of
criminals who possessed a pretense of
legal defense had become impossible.
DIT. bennett said that courts of law
had become victims of political sys-
TEN until justice was a thing that
could not be expected.
Dr. bennett did not mention any
courts by name, nor did he speak of
any specific case, but throughout his
sermon he referred broadly to the de-
cisions OF the appellate and supreme
courts which freed Ruef and Schmitz
from charges of extortion He asserted
that any person who criticised the
prosecution of such criminals was in
terested in the outcome and did so from
reasons that affected himself.
At the conclusion of his sermon DR..
bennett prayed that the consciences of
iudges and lawyers should be stirred
er technicalities should nullify the
Avs
In the course Of his sermon he said:
The decisions of our California
ourts may be the best OF law. but they
re not impartial justice. Our higher
courts are rendering decisions purely
technical. Again and again rogues and
rascals concerning whose guilt there
vas no doubt have been turned loose.
The higher courts have made Of no
effect the laws until it has become q
fact that II is no use TO convict man,
no matter how plain his offense may
be- II he has a good lawyer TO defend
him and takes all technical advantag IS.
Higher courts return cases and re-
verse decisions constantly on account
Of mere technical flaws. Is it not mon
strous that the laws of the land have
reached such a state that the courts
can free a man without having passed
at all on the merits Of his case2 They
do not even attmpt to pass on that. nor
even pretend to say they do. The people
are even getting used to 1t all. 1t
doesn't seem possible to make any kind
OF a case so clear and pertinent but
what finally the traditions of men make
OF no effect the laws of God. 1t has
gotten to be so that men of the highest
integrity don't hesitate to turn guilty
men loose 1t is a shocking condition
1,-e to c1n xvi
that TO you or me is clear and convinc-
ing is ruled out on technical grounds.
Through the action Of our legisla-
ture the laws have become a mass of
technicalities and precedent The best
Of lawyers, men of high honor and
worthy in every other respect, have
built up fortunes. devoted their lives
and left no st1 untprned to set loose
criminals-men they knew to be guilty.
There is no doubt about it. Yet in the
legal profession there are many who
refuse to be so prostituted.
Then, again, comes the personal
sympathy Of judges. AS a whole, I do
not believe our judges TO be corrupt.
But politicians and nominating conven-
tions see TO 1t that the judges are men
who see things as they are wanted to
see them. and sympathize accordingly.
II isn't in human nature for them TO be
fair and impartial
The greatest question before us to-
day is not the liquor question nor the
gambling question. but it is the ques-
ton of court reform and legal reform,
TIL mems traditions and precedents
viii cease to nullify the laws. Not that
Judges are always to blame; they are
the victims of the system as much as
are we. They must interpret the laws
technically as they see them, and by
tradition.
Il firmly believe that the most pro-
life cause OF anarchy and assassination
is the fact that it is almost impossible
TO convict and punish a wealthy GRIM
inal.
Whenever any man comes out in
criticism against the prosecution of
such criminals I believe il is evidence
positive that he has an interest in the
case. And so long the the teachings of
Christ live IT is the duty OF a preacher
10 preach not only religion, but law.
The time has come when we must
sweep aside technicalities."