New-York tribune., 1909-09-17

mediate and useful and such reforms IN these
matters have taken place would probably be
long delayed but for the energetic agitation or
the questions by the representatives of organ
lied labor.
OF course when organized labor permits Itself
to sympathize with violent methods, with
breaches of the law, with boycotts ana oiher
methods Of undue duness, il is not entitled to
our sympathy. But il is not TO be expected that
such organizations shall be perfect, and that
they may not at times and in particular cases
show defective tendencies that ought to be cor
rected.
one notable defect which has been pointed
out has been in the disposition of the majority
Of members in labor unions 10 reduce the COM
pensation of all men engaged IN particular
trade 10 a dead level, and 10 fali 10 IecoshIHSS
the difference between the highly sklllen anu
very industrious workman and the one only Tess
skilled and less industrious. think that there
is a movement among trade unions themselves
TO correct this leNelling tendency ana houllnS
could strengthen the movement more man IS liiS
adoption of some plan by which there should
remain among union woTkmen the impetus anu
motive 10 be found in the greater reward lot
greater skill and greater industry
AMERICAN LABOR NOT SOCIALISTIC.
There is one thing to be said in respect to
American trade unionism that its critics are
not generally alive to. In France the trace
unions are intensely socialistic. Indeed IN some
OF the late difficulties II was PLAIN mat lleIe
was a strong anarchstic feeling among them
and that they opposed all authority OF any klhd'
II is also piain that the tendency toward So
cialism in England and England's trade union
ism is growing stronger and stronger
need not point out the deplorabe results
synonym for socialism. Those who are now IN
active control-the Federation Of Labor and all
the great railroad organiZations-have set their
faces like flint against the propasanolsIh oi So
calistic principles. They are In favor OF the
rights of property and or our present lhsutu-
tions modified by such remedial legislation as To
put wOrkingmen on equality with their oppo-
nents in trade controversies and trade contracts
end TO stamp out the monopoly and the cor
porate abuses which are an outgrowth of our
present system unaccompanied by proper hinl-
fation: and ! think all of us who are in favor
80 int of
should recognize this battle which has been
carried on by the conservative and innuental
members OF trade unionism, and willingly give
credit 10 these men as the champions OF
cause which should command our sympathy re-
our friends Of the great unions at times COM
plain Of our courts. more perhaps because OF the
decisions in Injunction cases than Tor anythlhg
else. have already referred 10 this particular
phase Of litigation in which they have an in
terest but when the subject Of courts is men
toned il suggests TO me A larger field for COM
plant and reform in which all citizens are in
terested and have right TO he heard
"a DISGRACE TO CIVILIZATION"
There is no subject upon which I feel so
deeply as upon the necessity for reform in the
To sum It all up in phrase, the difficulty
in both IS undue delay. II is not too much 70
say that the administration OF criminal law IN
this country is a disgrace 70 our eivIiizaton'
and that the prevalence OF crime and fraud
which here is greatly in excess OF that IN the
European countries, is due largely 20 the failure
OF The law and its administrators 20 bring Grim
inaIs 70 justice.
am sure that this failure is not due to cor
ruption Of officials II is not due TO their negh-
eence lazness, though, of course, there may
be both in some cases: but 1t Is chiefly due 10
the system against which it is impossible Tor an
earnest prosecutor and an efhcient judge 10
We inherited our system of criminal prosecu-
tions and the, constitutional provisions for the
protection of the accused in his trial from Eng
land and her laws. We inherited from her the
jury trial. All these limitations and the jury
EKrEf a England, they
have not interfered with an effective prosecution
OF criminals and their punishment. There has not
been undue delay in English criminal courts.
In this country have generally altered the
relation Of the judge to the jury. In England
the Judge controls the trial, controls the lawyers,
keeps them TO relevant and proper argument.
aids the jury in its consideration Of the facts,
not by direction, but by suggestion, and the
lawyers in the conduct or the cases are made 10
feel that they have an obligation not only TO
their clients but also TO the court and TO the
public at large, not TO abuse their oflce IN such
q way as unduly 10 lengthen the trial and
duly TO direct the attention Of the court and the
jury away from the real facts AT issue. In this
country there seem 10 have been the part Of
all state legislatures a fear Of the judge and not
of the iurv and the power which he exercises
in an English court has by legislation been re
duced from time 10 time. until now-and this is
especially true in Western states-he has hardly
more power than the moderator in religious
assembly.
The tendency Of legislation is TO throw the
reins the back Of the jury and to let them
follow their own sweet viii. Influenced by all the
arts Of counsel for the defendant in leading them
away from the real points at issue and IN aWak-
ening their emotions of pity for the defendant. i'm
fOrgetfulness Of the wrongs Of the prosecuting
witness. or II may OF the deceased, and Of the
rights Of society 20 be protected against crime:
and all these defects emphasized in the
delays which occur in the trials-delays made
necessary because the trials take great q time
murder case in England will he disposed of
in day or two days that here viii take three
weeks or month, and no one can say after a
examination Of the record in England, that the
rights of the defendant have not been preserved
and that justice has not been done 1t is true
that in England they have enlarged the pro-
cedune TO the point Of allowing appeal from
judgment in a criminal 10 a court Of
appeals but this appeal is usually taken and
allowed only a few questions easily consid-
cred by the court above and promptly decided
Counsel are not permitted to mouse through the
record 20 find errors that in the trial seemed Of
little account but that developed into great
1njustices in the court OF appeal
This is another defect OF our procedure. No
criminal is content with judgment of the court
below, and well may he not be- because the rec
ord Of reversals is so great as to encourage IL
IN every case and 10 hang up important judg-
ments In appellate proceedings sometimes for
years.
WOULD GIVE JUDGES MORE POWER.
I don't know when the reforms are to be
brought about in this country. Until our people
shall become fully aware and in some concrete
way be made to suffer from the escape of GRIM
tn3ls from just judgment In this country this
system may continue One Of the methods by
which il could be remedied in some degree is TO
give judges more power IN the trial Of criminal
oa3es and enable them TO aid the Jury in its
consideration Of facts and TO exercise more con-
advance. Judges, and especially Judges who are
elected, ought not to be mistrusted by the peo-
pie yudgeship rs a great OfflcN and the man
who holds IL should exercise great power and n.
ought 20 be allowed 10 exercise that in a trial
by jury.
Then IL IS undoubtedly true that in England
lawyers IN the conduct of their cases feel much
more and respect much more their obligation Ia
assist the court in administering insiice and
nlrrec from. .rAg