Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-09-22
HUBER SPEAKS OF
TRIALS BY JURY
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A31lRl.O ~
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commou- view of every question,
according to thespetuliar circumstances
surrounding the given fact, whereas u
judge Will generali2o and try TO re-
duce everything to an artificial system
formed by study,
AS in other criminal cases ac-
cusatlons for contempt should be
supported BY evidence SUFFICIENT
to convince the mind Of the
trier beyond a unreasonable doubt OF the
guilt of the accused, and, of course.
this rule is frustrated Il there Is
reasonable doubt, Of the capacity OF
the tr!ertto estimate the convincing
force OF the evidences, and as we see IL,
and as many eminent jurists admit,
when they sit as triers or facts, their
competency to weigh evidence occur
ately issnot equal TO that of 1uries
THE PEOPLE TAKE PART.
The people. by jury drawn among
themselves. take part in every convic-,
tiOn, and the general knowledge of the
unionlst that he cannot be convicted
of Indirect contempt, except by this
process, increases his public confidence
IN the stability Of our government, and
makes a stronger bulwark in the ad-
$ministration OF law.
As long as man is fallible, one Is
more liable to make Il mistake than
a dozen. and inasmuch as the Federal
Constitution provides, THAT the right
of trial by jury shall remain inviolate.
and as some of the judges of the United
States and state courts have fusurped
that right. tlien it is time for the peo-
pie to correct the abuse by legislative
enactments.
1t Is argued by some that the re-
spect due the Judges will be diminished
by suffering their purpose in granting
an injunction to be foied by the YER
diet Of the jury releasing the alleged
contemptols. But tho conclusions Of
equity; judges are often upset by an ap-.
lpellate tribunal and we hear no COM
plant of the prestige OF the judge be-
ing diminished.
Trial by jury in direct contempt pro-
ceedlngs would be highly salutary by
protecting the judge from malicious
criticism and also relieve him from
apprehension of public Indignation for
a mistaken conclusion of guilt.
The courts have as stated before,
usurped many function of the jury.
They have bostered UP the cause of
The employer in every conceivable man
ner. with the overworked and over
aburdened police power doctrine
REFERS TO KING LEAR,
They have tried to strip the employe
of every vestige of his constitutional
rights. Under the police power it
seems that they cannot find one little
wing of protection for those who earn
their bread by the sweat or their brow.
All the protection seems to be for the 4
man with the corrugated forehead and
none for the nun with the calloused 4
hands.
stands bare and sliorn Of all his liberty
loving rights, while the stated aristo-
Gratis, beneflclaries OF his brain and
Drawn, flaunt their silk vestments IN
his face. Tell your courts, brothers, in
plain and unmistakable language in
words blunt and to the point that they
must recede from their demigod. dol
lor-worshipping vantage-sround, and
keep hands Off In disputes and contro-
versies arising between employer and
employee growing out Of strikes, lock-
outs. boycots, etc. FL
We protest against the issuance OF
injunctions in disputes between work
men and employer. Such injunctlons
have no warrant in law and are the
result of judicial usurpation and Judi
cial legislation rather than of congress
sional legislation.
IVY ASK NO IMMUNITY.
Tn all things in which workmen are
enjoined by the process OF Injunction
during labor disputes. II those acts
are criminal or unlawful. there is now
ample law and remedy covering them
From the logic of this there is no cs-
cape.
q We reassert that we ask no immunity
for ourselves or for any other man who
may be guilty of any unlawful or
criminal act; but we have a right to
insist, and we do insist that when
workman is charged with 4 crime or
other unlawful act, he shall be accord
ed every right be apprehended, charged
and tried by the same process of law
as any other citizen of our country
BY this article you will note that
there is an apparent conflict between
Pars. 725 and $500 of the Revised Stat
utes Of the United States, and / firmly
believe If our attorneys, in indirect
proceedings, would raise these
questions in such cases,
would show the judge trying the al
legged contemptors the unanimity OF the
opinions Of the eminent juristssI have
quoted in regard to their not being
able, as triers of facts, to judge as
well as IL men, that we would have
less convictions for indirect contempt.
The above article can also be used as
m argument In getting state legisla-
lures TO pass a law giving the right to
trial jury in such cases.