The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1908-11-20
REFORM "TBE LAWS DELAYS

The Tribune has from time TO time
called attention to the failure of the
courts to perform their proper fuuc-
tions effectively by reason of techni-
caGties and delays. The vicious form
Of obstructive procedure in the courts
that is so prevalent, paralyzcs the
efforts OF tho judicial arm of the Gov
ornment, aud the people arc more and
moro getting TO look toward arbitra.
tion and private settlement, even at
ruinous loss, rather than trust their
cases IN the courts. In Utah it is .
little worse than anywhere else, be-
cause Of our excessively dilatory prac-
tice, and because of our ambiguous and
long drawn~out Constitution, whose
meaning it is often quite impossible to
ascertain, and the only way out of
the maze IS TO fix the meaning by
arbitrary judgment OF the court. The
trouble with this, however, is that
these arbitrary judgments do not hold,
for succeeding judges set aside former
rulings and the whole matter is again
at sea.
We notice this morning a report
from Pittsburgh Of an address by At
torney.General Bonaparte before tho
National Municipal League, in session
in that city, where he treated OF this
question. He treated of it, however,
on the basis Of politics, and did not
90 into the legal part of it as thorough
~ as is desirable. He started out
TO answer Mr., Bryau's campaign
slogan, ''Shau the people rule,' and
answered, eyes, if and III so lar as
the people shall be in earnest IN the
wish and purpose to rule.' Which
is, in fact, a very good answer. He
then proceeded from that to treat of
the "gravest and least eXcusable de-
ficicncy of our criminal law as found
Sin its endless delays" and added
that elf the people shall demand
prompt and unquestiouing obedience
to the peoples laws and shall give to
this demand an ample sanction in
spirit. sure aud grIevous retribution for
all rebellion to those laws, the peo-
ple's rule will be right" And Nh
Bonaparte put the pertinent question,
"Wby need there be q forctaste of
eternity between arrest and ipdict-
mept, another between Indictment and
trial, and vet another between tria.
and actual punishmeut3'
This question develops TING whole
subject. This eternity between arrest
and Indictment is simply mattor Of
habit and OF easy concession on The
part Of the courts and tho judicial Off
cials. The eternity that occurs be
tween the indictment and the trial
is a matter exclusively in the hands
of the Judge. 4 vigorous, determined
Judge could break down this delay at
any time he desired. The other eternity
between the trial and actual punish.
ment is IN the hands Of the Judge
only, so far as there may be no appeal.
But right there Is where the trouble
comes, y motion Tor L new trial Is the
regular practice. This takes up more
time. Then if new trial is granted,
the whole matter has to be gone over
again, If the new trial is refused,
then under the constitutional right Of
appeal, an appeal is taken. and then
further delay occurs, II the Judgment
OF the lower coart is sustained, then
1t takes some time to get the Supreme
Court 5 opinion formulated and re
turned 10 the lower court for action
Cheu thora arn pnotjops for DELAYS