The gold leaf., 1909-07-22
Atlanta Constitution.

iIeIc IL IL SCdCllliIS tiIldlt tiCh1 Ill
raignment OF the conspiracy of tech
nicality and archaic procedure that
often lays the shadow of chaos and
the blight of injustice upon the ad-
mnstration OF law in America
| 1t does not originate with an eX-
cited, an irresponsible or Il hysterical
| lAyman, one OF those incurable and
chronic ''readv letter writer's" that
lie i'll ambush for the helpless public.
1t comes straight from one of the
most respected, ablest and experience
ed members Of the judiciary i'll Gcor-
| gia, II man pre-eminently familiar
with the modern history OF this State,
and in the country -at-large, and who
now sits on one of the Superior Court
| benches OF the State. His views carry
all the weight OF one who has prac-
ticed exhaustively i'll every phase of
procedure, and who speaks with por-
tentous authority when he delineates
| flaws that often make IL mOckery OF
the dispensation of Justice in this
country.
Obviously, it is inexpedient to dis
close his identity. But the COnsti-
tuition youches for the qualities and
| the equipment that clothe him with
the right to express himself in COM
petent criticism.
In u personal letter to the |Onsti-
tuition, he vigorously cOmmel.ds the
editorials recently deploring the
Tennessee Supreme Court decision,
which by invoking irrelevant tech
| nicality gives promise of nullifying
justice i'll the famous night rider
prosecutions. He then proceeds, and
his views challenge the attention and
study of every lawyer and every lay
man in Georgia.:
Deplorable, far-reaching and, in some
respects, inexcusable, as the Tennessee
decision was, the trouble is fundamental
| and quite general, at least in the South
ern States. In the minds of a large per-
centage of our people, liberty is con-
strued to mean license, and the man who
openly stands for enforcement of all laws
against all persons alike, finds himself
regarded, by a large number OF citizens,
as sort of Bluebeard, or, perhaps, more
nearly Jeffries
Our leading lawmakers, on the Judi
ciary committees, particularly, are law
yers who largely make their living by
defending persons charged with crime.
The majority of our ablest men and
broadest lawyers do not care to enter a
scramble for legislative honors in the
better part of the States, nor can they
afford pecuniarily to devote their time
to it. Hence the difficulty in remedying
our code of criminal procedure, which
has made almost no advancement since
the time of Queen Elizabeth.
THE PEOPLE, THROUGH THEIR
LAWMAKERS, SHOULD BREAK THE
SHACKLES THAT BIND THE
COURTS. In Georgia we find the ex-
treme of such barriers. The prisoners
statement, in lieu of sworn testimony, is
an absured monstrosity in a court OF
justice, where the discovery of truth is a
prime object, because the unswOrn state
ment is an instrument to obscure and
obstruct the truth powerful enough to
acquit the most shrewd criminal, while
it is absolutely fatal to the guileless, or
to the poor criminal unable to employ
able lawyers am told that Georgia is
the only state where such q lustlce-de-
feating absurdity exists.
There are many other things that bind
the arm that would WELD the sword OF
Justice. | do not mean to claim that
many courts are not failing to show the
moral courage to use the law we already
have. But Just how helpless are they,
when even with the intention to deter
mine direct between right and wrong,
guilt and innocence as you succinct!y
state, the way is barred by an accumu
lation of precedents that are vicious, not
germane to the case in hand and, worst
of ALL by incOnseQuential bubbles.
| HAVE KNOWN THESE LATTER
TO FREE MANY A CRIMINAL UN-
DOUBTEDLY GUILTY FROM THE
STANDPOINT OF MORALS AND COM
MON SENSE, SENDING HIM FORTH
AS A MENACE TO THE COMMUNI-
TY, SECURE IN THE KNOWLEDGE
THAT HE POSSESSES THE SECRET
THAT WILL DEFEAT PUNISH
MENT.
Unqualiiedly you are correct when
you say that prima facie evidence,
or reinforced circumstantial evidence
should be the sole test of the action OF
the courts. Such is the original intent
OF the law, hut these days it has largely
fallen into desuetude.
DO NOT SEE HOW PEOPLE CAN
RESPECT EITHER LAW OR TIE
COURTS, WHEN BOTH ARE so
CLU1IERED VII ii NEt}CALlI les,
LOOPHOLES, Opportunities FOR
EVASION AND DELAY AS TO OFTEN
PUT A PREMIUM UPON RASCALITY,
AS TO OFTEN PUT WINGS UPON
THE FEET OF THE CRIMINAL AND
THE OPPRESSOR, AND SHACkLES
UPON THE FEET OF THOSE WHO
WOULD BRING HIM TO JUSTICE.
AT THE LAST ANALYSIS, 1T is A
QUESTION OF THE PUBLIC SAFE
TY, THE COMMUNITY WELFARE,
THE SAFETY AND PURITY OF THE
INSTITUTIONS UPON WHICH REST
DEMOCRATIC GOVERNMENT.
Sooner or later, house-cleaning must
come. Until it is made resolutely COM
nlete. we must expect crime to increase