The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1909-12-26

/ changes OF Venue or Judge for the trial
| of particular causes, should be guarded
against by stringent regulations. insur
ing so far as possible that only proper
motives and plain necessity shall secure
such continuance or change.
Comparisons With Europe.
In simplifying the practice, the method
OF selecting jur!es and submitting causes
TO them win, ! think, demand attention
with the view OF securing an intelligent
and impartial jury, and giving them the
reasonable assistance of the court free
from some OF the technical rules seem
Ing to prevail In many Of the states in
the matter OF Instructions. In this con-
nection | believe that the examination Of
qualifications and freedom from improp-
cr bias or prejudice can be more rea-
sonably regulated and curtalled than un-
der the existing practice,
ticc, be fewer exemptions and excuses
from jury duty. and in view OF modern
conditions IL may be necessary and not
unreasonable 10 place further limitations
upon the right of challenge.
| would also suggest that In criminal
cases every objection 10 the complaint or
indictment, except such as denies tne
jurisdiction OF the court or the criminal
character Of the acts In substance
charged, should be deemed to have been
waived, unless made before the trial, l
do not favor the plan proposed by some.
of abolishing appeals in criminal cases,
although l think that such appeals might
be placed under greater restrictions and
limitations than are now ordinarily pro-
videG for. While. In my opinion the pol
ICY OF allowing conviction In criminal
prosecutions by less than unanimous
verdict is worthy of serious considera-
ton, and there are some good reasons
under present conditions appearing TO
render that desirable, II not necessary.
do not feel prepared to assent to u
unqualIdedly. especially in cases OF fSl-
ony.
Reforms In this matter must necessar-
lily be slow, and in some respects may
require constitutional amendments. In
many localities 1t may be wise substan-
TALLY 10 increase the number of judges,
as well as 10 provide FOR longer tenures
OF office, with salary more reasonably
than is usually tho case commensurate
with the responsibility exercised. and the
ability and experience required.
AS to Simplifying Produce.
When comparing the administration of
the law in this country with the results
in European countries. it may not he
out OF place TO continue the comparisons
TO the laws relating 10 the selections
terms OF office and compensation OF ju-
dicial officers. That IL is to be supposed
Tint the usually short terms OF office and
small salaries prevailing here have had
a part in producing the evils now COM
platned of or have deferred the Judges
from industrlously and conscientiously
discharSing their duties, for | take ii
generally to be conceded so far as they
are personally concerned, that as n rule
the law has been administered at least
honestly and free from improper mo-
tiYes or Influences and that all the time
reasonably possible FOR that purpose has
been devoted To the hearing and dispo-
siton Of tho business coming before the
courts.
/ am optimistic enough TO believe that
In the end the good sense OF the people.
their respect for the law and It's enforce
ment, and their desire for orderly as well
as prompt judicial procedure, VIII result
in the general adoption Of such meas
ures as will promote the administration
OF justice without unnecessary delay and
at the same time secure to the individual
a just and proper protection 6f his
rights.