The St. Lucie County tribune. (Fort Pierce, St. Lucie County, Fla.) 1905-1920, 1910-04-22
GOVERNOR FOR
COURT REFORM
Urged Moyementto Abolish Tech
n;raIities of Present Procedure
DUE PROCESS OF LAW
J., Address Before State Editors Advocates
Salary for Sheriffs and Urged More
Interest IN Good Roads

Govornor Albert w. Gilchrist of Flor
;aa was the guest of honor and tn,
principal speaker at the annual meeting
II fine Florida Press Association in SEES
sion in Lake City. The governor made
a powerful appeal for the aid Of the
EDITORS in this and other States in a
movement to so reform theprocedure OF
American courts, in civil and criminal
| eases. as to abolish the delays in admin.
stering Justice and decision of cases on
techpicaities which has resulted from
the unweidy and archaic system of due
nrocess of law by which our courts are
governed. -,
during his first term in the Florida leg
stature in 1893, he offered resolution
intended to effect this reform, which.
however, "was referred to the judiciary
committee where it still sleeps without
dreaming and without being dremt of
by the committee.
"Our laws are based" said the
governor, upon the practices of Eng
fish courts of hundreds of years ago
when the presumption was that the
king, who was the representative in
criminal prosecutions of what we now
cali the peace and dignity of the State,
was prosecuting the citizens. The
technicalties of the law were invoked
to prevent persons from being impro-
properly punished at the instance of
Inscriptions or unworthy officers or
favorites of the king. But conditions
have changed. and in 1873 the British
parliament authorized the high court
to regulate all matters of pleading and
practice Under this authority, the
tiMt rules adopted by that court pro-
yided: "A new trial shall not be grant
ed on the ground of the nlisdirection of
the jury or the improper admission or
rejection of evidence, unless in the
opinion of the court to which the APP
plicatiOn is made. some substantial in
jury or miscarriage of justice has been
thereby 0ccasioned on the trial. -
"As the law now is, said the COVER
nor, "the appellate court might reverse
the lower court on a question of law,
the question of fact having been deter
mined by the jury. The case then
comes up for re-trial on both the ques-
ton of law and the facts. In the mean
time many of the witnesses by whom
the facts were established have died.
moved away, or have forgotten.
IN Florida the law provides in both
criminal and civil cases that writs OF
error or appeals shall issue sa matter
Of right. The Supreme Court of Flor
Ida has held that there is not now, and
has never been, any limitation of time
within which writs of error to this court
from judgment of the Circuit Court
can be sued out in criminal cases.
"Under our laws. If any attorney so
desires, 1t is almost impossible to secure |
flnal judgment under seven or eight .
months from the date of the conviction.
In case of death sentence, all that is
necessary is for the attorney to take
exceptions 1t thus appears that fully
IL or II months are necessary to
near the ease. In the event the case
should he reversed on a point of law,
BY the time the case is again tried: the
who testified AS to facts have
9n.ed or moved away or have forgotten
\ me facts in the case AS well as the
aw, are at issue in the next trial:
Then according to ''due process of law
not on account of the real merits OF the
'ase. but for some error for which the
attorney is responsible, another long
irfwn out trial Is obtained, involving
'ot only questions of factbn questions
}! law. If Il verdict of guilty is again
'1lalned, it goes before the Supreme
Soort again. Can you wonder that on
lccouint of due process OF law judge.
.yRch acts without due process OF
Governor Gilchrist earnestly asserted
nat no public, service could result IN
;rfater value of all of the people tha',
ne building up by the newspapers and
'ueilc men Of a sentiment among the
'eeoople which will lead to the enacmenc
I legislation to reduce the delays ana
ne technicalities with which litigation
our courts is barnacled.
Govern0r Gilchrist invited the CO.
peratlon Of the State Press Association
: an effort to have he law relative 10
soWpensatiOn Of sheriffs changed from
" lee system now obtaining IN FLOR
aa TO salary basis. He submitted 10
g editors large amont of data when
: mad secured from other States, de-
that the payment OF salar-
y 70 sheriffs was more just and salts,
sactory than the fee system and quoted
Yong expression to this effect from
sEters (which he had received from
governors Sloan, Of Arizona, Galiette'
l California, Marshall. of Indiana,
rcthers, of Maryland, Norris. OF Mon
wa, Shallenhelger, OfiNebraska,, An,
!. OF South Carolina and Campbell, OF
"One Of the main objections TO the