Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-09-17

lands trades unionism is growing stronger
and stronger. / need not point out the
deplorable results in this country II trades
unionism became a synonym for social
| ism. 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 propagandism OF So
cialistic principles. They are In favor
of the rights of property and OF our pres.
ent institutions. modified by such remedial
legislation as will put workingmen on an
equality with their opponents IN trace
controversies and trade contracts, ana 10
stamp out the monopoly and the corporate
abuses which are an Outgrowth or our
present system unaccompanied by proper
limitation; and l think all OF US VINO are
in favor of the maintenance OF our pres
ent institutions should recognize TINS pat-
tle which has been carried on by the
conservative and influential members OF
trades unionisn1, and willingly give credit
to these men as the champions OF cause
which should command our sympathy, re-
spect and support.
Reform in the Courts.
Our friends Of the great unions at
times complain of our courts, more per-
haps because of the decisions in injunc-
ton cases than for anything else. l have
already referred to this particular
phase Of litigation In which they have an
interest. but when the subject of courts
is mentioned it suggests to me larger
field for complaint and reform. in which
all citizens are interested and have right
to be heard.
There is no subject upon which 1 feel
SO deeply as upon the necessity for re-
form in the administration of both civil
and criminal law. To sum it all up in
one phrase, the difficulty in both is undue
delay. 1t is not too much to say that
the administration of criminal law in this
country is a disgrace to our civilization.
md
fraud which here is greatly in excess of
that In the European countries is due
largely to the failure of the law and its
administrators to bring criminals to JUS
tice. 1 am sure that this failure is not
due to corruption of officials. 1t is not
due to their negligence or laziness.
though. of course, there may be both in
some cases. but it Is chiefly due to the
system against which 1t ds impossible Tor
an earnest prosecutor and an efficient
Judge to struggle. We inherited our sys-
tenn Of criminal prosecutions and the con-
StitutiOnal provisions for the protection OF
the accused In his trial from England
and her laws. We inherited from her the
jury trial. All these limitations and the
jury system still are maintained in Eng
land. but they have not interfered with
an effective prosecution Of criminals and
their punishment. There has not been
undue delay in English criminal courts.
lettering the Judge.
I'm this country we have generally al
tered the relation of the judge to the jury.
In England the judge controls the trial,
controls the lawyers, keeps them to rele-
want and proper argument. aids the jury
in its consideration Of the facts, not by
direction. but by suggestion. and the law
yers in the conduct of the cases are made
to feel that they have an obligation not
only to their clients, but also to the court
nnk m HUG
their Office in such way as unduly to
lengthen the trial and unduly to direct the
attention of the court and the jury away
from the real facts at issue. In this coun-
try there seems to have been on the part
of all state legislatures d fear of the judge
and not of the jury, and the power which
he exercises in an English court has by
legislation been reduced from time to time
until now land this is especially true in
western states) he has hardly more power
bly,.
The tendency of legislation is to throw
the reins on the back Of the jury and to
let them follow their own sweet will. in
f1uenced by all the arts of counsel for the
defendant in leading them away from the
real points at issue, and in awakening
their emotions of pity for the defendant in
forgetfulness of the wrongs Of the prose-
cutting witness, or 1t may be OF the de-
ceased, and of the rights of society to be
fects are emphasized in the delays which
occur in the trials-delays made necessary
because the trials take so great time.
More Power for Judges.
"One of the methods by which it could
be remedied in some degree is to give
Judges more power in the trial of crimi-
nal cases and enable them to aid the
jury in its consideration Of facts and to
"a c
that counsel see fit to advance judges,
and especially judges who are elected.
ought not to be mistrusted by the peo-
pie. A judgeship Is great Office and
the man who holds it should exercise
great power. and he ought to be allowed
to exercise that in a trial by jury.
But reform in our criminal procedure
is not the only reform that we ought to
have in our courts. On the civil side of
the courts there is undue delay, and this
always works for the benefit of the man
with the longest purse. The employment
of lawyers and the payment of costs all
become more expensive as the litigation
is extended. 1t used to be thought that
a system by which cases involving small
amounts could be carried to the supreme
court through two or three courts of in
termediate appeal was a perfect system
because it gave the poor man the same
right to go to the supreme court as
rich man. Nothing is further from the
truth. What the poor man needs is
prompt decision of his case, and by linn
iting the appeals in cases involving small
amounts Of money SO that there shall be
final decision in the lower court an
opportunity is given to the poor litigant
to secure judgment in time to enjoy it
and not after he has exhausted all his
resources in litigatng to the supreme
court,
II am lawyer and admire my pro-
fession. but 1 must admit that we have
had too many lawyers in legisating on
legal procedure. and they have been
prone to think that litigants were made
for the purpose of furnishing business
to courts and lawyers and not courts and
lawyers for the benefit of the people and
litigants More than this, 1 am bound
to say that in the matter of reducing the
cost of litigation. and, indeed. the time
of II, Congress and the federal courts
have not set good example
Favors a Commission.
But I conceive that the situation is
now ripe for the appointment of COM
mission by Congress to take up the ques-
ton Of the laws delays in the federal