Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1910-07-07
JUDGE GREEN TALKS
TO COUNTY DELEGATES
Expressing Appreciation OF Many
Favors And Discussing Reform
In Our Criminal Procedure.

Favors And Discussing Reform
In Our Criminal Procedure.
Mr.. President and Gentlemen of the
Convention:
On being granted for the fifth time
the privilege of selecting the delegates
to the judicial Convention, would in
deed be ungrateful if failed to express
my deep appreciation of the honor con-
ferred upon me.
The foundations of human society
are built upon law. Our government
exists by virtue of, and in order to sup
port, law. It is upon the law that we
rely for the protection of our homes and
firesides, our property, and our persons.
Without it the light of civilization
would be extingushed in anarchy and
barbarism. 1t is evident that the posi-
ton of judge whose especial duty it is
to apply the law is one of grave respon-
sibility. For this position have en-
deavored to fit myself by a study of the
law, careful consideration of the duties
of the position, and endeavoring to bring
to the cases submitted to me that i'm
partial frame of mind, by which only
those duties can be properly performed.
How far have succeeded in this effort
you can determine better than I.
In the course of nearly sixteen years
of this work, attention has been drawn
to matter which so directly concerns
all of you, that / desire to speak of IT
briefly.
The law ought to be great fountain
of justice flowing alike for rich or poor,
the influential or those without influence
without hindrance, denial, or delay.
That it is not always SO is no fault of
the Judges, who are governed, CONTROL
ed, and sometimes absolutely fettered
by precedents. Our system of admins
tering the law is largely borrowed from
the ancient English courts, but the
English long ago did away with rules
which have tendency to prevent in
stead of effectualing Justice This is an
age of improvement, and there is no
reason why the administration of the
law should not keep step with the
march of ages The great principles of
truth and justice upon which the law is
based, are indeed changeless and eter.
nal; but the method of applying the
law the machinery of the law, SO to
speak, is as much capable of improve
ment, as any other branch of science,
or work of human hands. Yet in this
respect / have no hesitation in saying
that we are fifty years behind the times.
The principal reason for this is that the
lawyers, the bar as whole, are natur-
ally conservative. They have learned
the law as it is and they dislike to in any
degree to unlearn or begin any branch
of their studies again. The rules Of
procedure like our other laws have
been largely dictated and controlled by
lawyers and until the bar moves i,
would seem almost useless to attempt
any modification.
But / have noticed that change is
coming in the view which the bar is
taking of this question. recently at
tended the meeting of the state bal
association at Des Moines and I found
that the association was giving much
attention to this matter. Many of the
lawyers are beginning to realize that il
is absurd to reverse civil case and
send it back for retrial because of the
non- observance of some technically
that has nothing to do with the merits
of the case that it is a travesty upon
justice to discharge some criminal
who is unquestionably guilty merely be
cause some mouldy precedent was not
followed.
There is no more important subject
to press upon the attention of the com
ing legislature than the reform of oul
criminal procedure, and / believe
that the people at large whom I know
have long desired change which would
prevent the guilty from escaping with
out endangering the innocent, have only
to make known their wishes, in order tC
have action taken. ! am not much in
favor, as rule of calling upon a can
didate to state what his course will be
if elected, but l do think it would be
well for the public to require pledge
from every one who desires to become q
member of the legislature, to support
and aid measures of the kind to which
have just referred; and believe there
is nothing which would command such
universal approval.
Again thanking you, gentlemen, fol
the support and favors which you have
SO generously granted now and in the
past; venture to express the hope that
/ may in some measure Justify the con