The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-04-20
a PLAIN CASE OF
LEGISLATIVE DUTY,
Live Oak Democrat.

There is one plain duty incumbent
upon the legislature of Florida now in
session, which its own conscience and
intelligence, its own sense of the I'M
peratlve needs of the state, should
prompt 1t to discharge. But as the leg
lSlatlVe memory is sometimes forget
ful, every newspaper in Florida should
aid in the work of keeping this matter
constantly before our lawmakers to
the end that they cannot possibly
overlook It and no excuses can be of
Tered after the session has ended for
having neglected it. Governor Gil
christ thought this matter of so much
importance that he gave it special en-
phasis by making it the subject of his
first recommendation in his message
to the legislature. Here is Waat the
governor says:
The declaration of rights declare,
No man shall be deprived of life, lib
erty or property without due process
of law Make due process of law to
embrace the following: No Judgment
shall be reversed, or new trial grant
ed on ground of misdiTection of the
jury, or the improper admission of
evidence, or for error in any matter
OF pleading, practice or procedure, uu-
less in the opinion of the appellate
cause, 1t shall affirmatively appear|
that error complained of has resulted
IN miscarriage of Justice This rule
was adopted by the English court in
1873 1t has worked satisfactorily. 1t
has been recommended by the Amer
lean Bar Association. The following
from Mr.. Taft, now president, is con-
CURED in: No judgment of a court
below should be reversed except for
error, which a court. reading the en-
tire evidence, can affirmativeIy say
would have led 10 a different YER
dict. 1t should be for the defeated
party TO satisfy the appellate court
that the error was really prejudciial
TO him upon the merits"
And there you have it, gentlemen of
the Legislature, so plainly and com
pactIy presented to you and pressed
upon your consideration BY the cover
nor OF Florida, that the Iayman can
as readily understand it as the law,
yer; and from the laymans point of
view, no excuse can be made and no
excuse should be accepted for NOT act
ing upon this recommendation of the
governor and making the change en-
dorSed by the American Bar Associa-
ton and long ago adopted by the Eng
liSh courts.
TO read the newspapers and keen in
formed on current events knows that
this country leads all others that are
civilized in its crime record. and that
rapidly increasing laWlessness is re-
SuItlng IN widespread inSecuritE, for
lie and property that may well make
decent people fearful of the future and
what it has in store of theOcmfwyM
which 1t has in store for this muir
der-Tidden land We have enacted
laws and established courts to pre-
vent this state of affairs. but it is
matter Of common knowledge among
all classes that in the application Of |
these laws through the machinery of |
the courts, the chances are nearly al /
ways in favor of tie criminal if he /
has money enough TO employ a good |
lawyer and friends enough to talk up |
some sentiment for him on the outside |
Oh, he'll come clear" is the habituaI |
heard after every important |
arrest, II only the two conditions of /
money and friends he fulfilled.
We nave improved the efficiency of |
nearly every human agency under the /
sun for the progress of civilization and /
the betterment of man. except the |
most important one-the enforcement
d the law Our machinery for tIat
purpose stands like a preposterous ana
ehrOnfSm in this age-a ridiculous and /
,umbrous old medieval device adapted |
70 primitive times and people, that
you'd be lUdicrous n - ineficiency
low if it were not caiamr.ous, and ;Lst
should long ago hayz heen sent to the
unk heap Of obsolete. WORKOUT and dis
CaFded systems. The ~esult is tI9I
he laws delays AMI the long list OF
ievices successfully invoked 10 enable
guilty men to evade its penalties, have