The weekly true Democrat. (Tallahassee, Fla.) 1905-1912, 1910-04-15
Governor GncIRiSt
10 tie Editors
Makes ch % Than That AbomdS
b MuCd VISION. Association
20 Eegf a Tallahassee.


TIE stats Press Association. after an
interesting and inapiring session tn
Lake City, adjourned Tuesday 20 meet
n Tallahassss n 1911
Governor Albert W. GiIehFist was
the guest Of honor and the principal
speaker e TIE annual meeting Of the
Florida Press Association held IN Lake
City Tuesday. The governor made
powerful appeal fOr the and Of the edi-
tors n this and other States IN q move
meat % 20 reform the procedure Of
Amsriean C0nrts, both In civil and
criminal eases, az % abolish the delays
n administering justice and the deeiS-
Ion Of eaoes ga techniealltieS which has
resulted from the unWieldy and areha ic
system 81 ''due process Of law" By
which our courts are governed.
Governor Gilchrist pointed out that
during his frat term In tho Florida
Legislature In 1893, be offered = reso-
luton intended 10 effect this reform
which. however, ''Was referred 10 the
Judiciary Committee where II eth
sleeps without dreaming and without
being dreampt Of BY the committee"
"Our laws are based, " said the Gov
srnOF, upon the practices Of English
courts Of hundreds Of years ago, when
the presumption was that the King,
who Was the representative IN criminal
prosecutions Of what we now call the
'.peaes and dignity Of che State" was
prosecuting the citizens. The teehni-
calitles Of the law were invoked 10 pre-
vent persons from being improperly
punished % the instance Of unserupu-
I0us o. unworthy officers OF favoritea
Of the King. But conditions have
changed. In lSIS The BFitish Parlia-
ment authorized the high court 20 reg
uIats Ell matters e plsading and prac-
tee. Under this authority, the arst
rules adopted By that court provided:
. new trial shall not BE- granted on the
ground Of ths misdlrseti0n Of the jury
OF the improper admissiOn OF rejection
Of eyidsncs, Unless Ia the opinion Of
the court ~ which the application e
mads, sons substantial injury or mis-
carriage Of justice has besn thereby oc-
easionod on the trial
Asa result Of the good which has fol-
lowed the adoption Of this reformed and
sensible rule. Governor GiIehrist quoted
Judge Chas. r. AmidOn, Of the United
States District Court Of North Dakota,
90 saying that mo cause has appeared
for the second time In an appellate
court Of England for more than thirty
years, and that nowhere IN the Brit
ish Empire has q man been anatched
from the custody Of the law and sacri-
iced to mob violence" The effect has
been that respect for the law has be-
come ingrained into the people Of the
British Dominion, which 10 said 70 ae-
count m large measure for the remark
able emigration Of people from a num-
Der Of our Western States 10 the inhos-
pItabIe regions Of Western Canada,
wnero the law h 90 administered that
no person can feel bis life, liberty or
property endangered on account Of the
chicanery Of ''dus process Of law"
Governor Gilchriat referred to the
fact that IN 1908 q committee Of nine
eminent lawyers recommended 70 the
American Bar Association the adoption
Of certain amendments 20 the laws Of
the United States providing for this re-
form. The Recommendation were
adopted by the American Bar AssOcia-
ton, the proposed amendments being
substantially a. follows;
ono judgment ahall be set aside or
reversed, or new trial granted By any
court Of the United States, IN any case,
civil or criminal, On the ground Of mis-
direction Of the Jury OF the improper
admission or rejection Of evidence, or
for error a. 10 any matter OF pleading
or procedure, unless N the opinion Of
the court 10 which application Is made,
after en- examination Of The entire
cause Il shall appear that the error
complained Of has resulted b = miscar-
riage Of justice"
Also the following: ''The trial judge
may In any case submit 70 che jury The
issues Of fact arising upon ths plead