The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1908-04-10
An Issue
for State Legislators.

An excellent feature in the plat
form of General Gilchrist with which
we feel sure that his competitor, Mr..
Stockton, thoroughly agrees, is that
which denouaces in unqualified terms
the sovereignty of the technicality IN
the administration Of justice in our
courts II is a veteran abuse or1g1-
mated and perpetTated in the name
Of law as IAN exact science" but in
reality for the benefit of the legal
fraternity, through protracted litiga-
ton and loopholes of escape for de-
PENDANTS, and it has done more than
any other one cause to destroy re-
spect for law among the masses and
encourage its violation among the
criminal, classes.
1t is thoroughly discreditable to
the character and intelligence of our
people that they have permitted
this condition to obtain so long, and,
from purely economic point OF
view, we suspect that it would be
cheaper for the taxpayers in the long
run to literally pension all lawyers
who insist on the legal technicality
in the trial of cases as indispensable
to their living. if they could thereby
be induced to cooperate with the peo-
pie to secure the legislation needed
TO rid our laws of such features. 1t
is simple enough and so obviously
right and just that no fair-minded
man, lawyer or layman, can dispute it:
Let the legislature enact that mo
judgment shall be set aside or new
trial granted in any cause, civil or
criminal, on the ground of misdirec-
ton of the jury, or rejection of evil
dence, or for error as to any matter
of pleading or procedure unless in
the opinion of the court to which ap-
phcation is made. after an examina-
ton OF the entire cause, the error
complained of has resulted in a mis-
carriage of justice"
There is absolutely not one valid
reason in the world why a law to
this effect should not be passed by
the next session of the Florida legis-
lature, and if it isn't done the people,
who are the chief sufferers from all
these numberless miscarriages of JUS
tice and >ruinous delays in the courts,
should demand to know the reason
why and rebuke the legislative dere-
LECTION in a way not to be misunder-
stood
Not only should every candidate for
governor declare himself on this issue,
Stockton, Gilchrist and Browne--but
every candidate for the legislature
in every county in Florida should be
required to do likewise, for it is a
matter of transcendent Importance, Of
the other state issues so much noise
Is being made about
We want the laws of this state en-
forced and enforced promptly, and
one of the chief obstacles to that end
now is the petty, devilish, obstinate
and omni-present legal technicality
which serves no good end whatever
and has done incalculable harm. And
when the effort is made to extermi-
nate this pestiferous insect, more
disastrous to society than the boil
weevil TO the cotton crop OF Texas,
don't let us hear any yawp about
saving our grand old system OF law
as an exact science" from the ruth
less trampling of the ignorant prole-
tariat and the canaille. That ancient
chestnut has inspired many a noble
forensic effort at the bar, but this is a
wise ger Grafton and il no longer
needs the sonorous periods of the
past when they are used to cover up
an abuse that has become intolerable.
The next legislature can cure this
evil in Florida; let every candidate
be called on tn declare himself on it.