Times-promoter. (Hernando, DeSoto County, Miss.) 1898-1970, 1909-08-26
"fIarmless Errors

AIOm dublqudUeu anu IOOllSn IOfmal-
isms. New countries have a clear
field in which to work. They are not
gyved and fettered by crystalized ira
ditions. They are not weighted down
by hoary and decrepit precedents.
They can build anew and use no ma
terial that is not modern and accept
able.
The convicts which the English
government sent to Van Diemens
Land, now Tasmania, and other penal
and free colonies, especially Austria
lia, organized governments of their
own, many features OF which have
been copied by the mother country
that had deported them, and from
which this country has copied the
Australian ballot law.
When Engliahmen fed from perse-
cution and landed in this country at
Plymouth Rock and Jamestown, they
proclaimed that they desired coun-
try without a king and government
of and by the people.
And now comes Oklahoma, youngest
and most virile of new governments,
setting pace which is causing the
older and more conservative states to
sit up and take notice. Oklahoma's
bank guarantee law was looked upon
as species of wildcat financiering,
which caused CONSERVATION among
the note-shavers-yclept financiers-
of the country, but which is turning
out admirably in the newly made
state.
Gereatest of all innovations, how
ever, has been the, action of the SUI
preme court of Oklahoma in the mat
ter OF dealing with technical errors,
a question that has made and is MAX
ing farce and futility of the ex-
ecution of the law in most of the
older states, in an opinion handed
down by Chief Justice Furman re-
Gently. In this case there had been
obvious technical errors in the lower
court, on which areysersal was sought.
In reviewing the case Chief Justice
Furman admitted th errors, but held
that they were harmless in that they
did not deny or mitigate substantial
justice, and because of this, and be-
cause the PRONUNCIATION of the doc
trine Of harmless error would greatly
improve the character of our criminal
trials, a reversal was refused.
Judge Furman added: Lawyers
will be compelled to try their cases
upon their actual merits, and will
cease devoting so much time in at
tempting to force technical errors into
the record. The reversal of the just
convictions Of the juilty upon merely
technical questions is the prime cause
of the want of confidence IN the
courts. The want of confidence often
results in mob violence on the part of
a long-suffering and outraged public" +"
x This puts to shame the courts in the
older states. In Missouri a case was
reversed recently because the word
s'theu was omitted from the indict-
ment on which a culprit was convict
ed. Guilt was proven beyond all cavil.
The verdict was according to the law
and evidence. Tie punishment pro-
nounced was just and reasonable. The
only loophole was the omission Of one
word, which was in no way necessary
and which in no way interfered with
the justice Of the findings, and on
this harmless error" the case was
reversed, which means that the guilty
will go unwhipped Of justice.
In our own state the reversal Of the
case of night-riders by our supreme
court is too recent an occurrence to
need comment The accused were
found guilty Of d heinous crime by a
jury Of their peers, but because Of
harmless errors the case was reversed I
and the perpetrators Of one Of the
greatest crimes against civilization
were practically freed and told to 60 |
and continue theirlawlessness to their
hearts content.
The decision OF the supreme court
of Oklahoma was triumph Of justice
and common sense. Only in a new
country could this have been accom-
plished. The constitution was new
and as yet uninterpreted. There were
no reports Of this or that attorney i
general containing previous decisions
Of the supreme court to thwart or Inn
IL II