Los Angeles herald., 1910-10-09
ADVISES REFORMS
] IN CRIMINAL LAW
associate Justice SIoss of State
: Supreme Court Speaks Be-
fore City Club
WIDE AVENUES FOR ESCAPE
Francis ]. Heney and William ].
Burns Describe Conditions
ThWarting Legal Process
WIDE AVENUES FOR ESCAPE

unusual interest was given 10 ILS az
dress of Judge NJ. C. Sloss, associate
justice Of the state supreme court, on
the subject of Proposed Amendments
to the Criminal Law" by the presence
at the City club yesterday of Francis j.
Heney and William ]. Burns, two men
who know well the need of changes in
the criminal law in California.
Heney and Burns were special guests
of the club and were greeted with ova-
tions when Judge J. D. Works, acting
president, introduced them. Both made
short talks
Burns spoke entirely OF the recent
explosion in the Times building, and
said he was engaged in running down
the perpetrators of the outrage for the
citizens of Los Angeles at the request
of Mayor Alexander but that he did
not intend to make his plans public, be-
cause the criminals were watching the
movements of the officers of the law
just as closely as the public.
Heney combined some politics, refer
ence to the Times outrage and hearty
second to Judge Sloss' ideas in his
brief address. He said:
at have been out of the state for the
last six months. and the newspapers
have informed you was gone for good.
They didn't say for whose good. But
want to say that have never changed
my permanent residence at san Fran
cisco, and never expect TO.
CHANGES NEEDED IN LAWS
'T heartily concur in the ideas ad-
vanced by Judge Sloss, but the bar and
bench cannot escape just criticism Tor
much Of the laws delay. 1t is essential
that these common sense changes pro-
rDosed by Judge Sloss be made in our
criminal law. Criminal law is for the
protection Of society. When public
service corporation is suspected of hav-
ing bribed public officials 1t is absurd
to say that society has no right to In
avestigate the books Of that corporation
to determine how much money was
paid out and what 1t was for. That Is
equivalent to denying society the right
sof self-defense.
mo one is more anxious than I to
see the criminals who perpetrated the
recent outrage in your midst speedily
punished I am willing to help any
man, whoever he may be, in an effort
to run them down.
while 1 was in the east the news
reached us that California had in
surged. Everyone met seemed to look
upon it as an indication that California
had wiped out the disgrace San Fran
cisco had put upon u.s.
JUDGE sLoss URGES REFORMS
In discussing the needs of reforms in
the criminal law, Judge Sloss said in
part:
remedy for any evil, whether physi-
cal. sociological or governmental,
it is well first TO ascertain and de-
fine the evil complained of and to
understand the conditions which it
has grown up.
Now what are the matters which
have mainly given rise to criticism
of our system?
First, it is urged that the entire
scheme of procedure is too cum
bersome and involved, and that, in
consequence, prosecutions which
should be successful sometimes fail,
particularly in the appellate courts,
for reasons that do not go to the
real merits. 1 feel that there is
much force in this criticism, and
that improvement may and should
be had
The second point of objection is
that, as is claimed, the law in its
present condition gives too great
an advantage to the accused as
against the state that is prosecut-
ing him. In some respects which
I shall point out, [ believe this to
be true, and capable of being reme-
died.
Third in order, but perhaps first
in Importance, is the delay in dis
posing of prosecutions; delay at
every stage of the proceedings,
from the charge of crime to the
final disposition of the case an Op-
peal, if it should go that far. The
seriousness Of this consideration
can hardly be overestimated.
COURTS MERELY DECLARE LAW
The point first spoken of is that
Of complication, resulting in the
escape Of criminals in the trial
courts, or the reversal, in upper
courts, of judgments against them,
on grounds that are generally
classed as technical. l cannot for
bear to point out in this connec-
ton, that in a constitutional gov
ernment are distinctly divided be-
tween the executive, the legislative
and judicial branches, no Judge has
the right to deny to any suitOr in
his court the benefit Of any pro-
vision of law enacted in his favor
by the legislature or granted by the
constitution itself The duty of the
judge is to declare, not TO make,
the law.
a judgment of conviction, the upper
court, being limited under the con-
stitution to consideration of ques-
tions of law alone, is required to as
certain whether there has BEEN in
any ruling against the defendant, a
departure from the rules of law
established by statute or precedent.
If there has been such departure,
and it is substantial, rather than
formal. in character, the court Of
appeal has no recourse other than
TO reverse the judgment. There
are, of course, errors which, on the
face of the record, may be seen to
have had no possible effect in lead
ing to the verdict complained of. In
such cases the error should be dis
regarded. But as the constitution
and the law now stand the higher
court cannot disregard an error
merely because it may not have
harmed the defendant.
NEW REGULATION or APPEALS
If we are to retain appeals as a
safeguard in order to prevent in
justice, we should SO regulate the
right as to obViate the danger of its
being used to obstruct justice. The
means of doing this are, I think.
furnished by study of the English
law. That law, after providing for
appeals on grounds involving oues-
tions of law or questions of fact
goes on to declare that "The court
of criminal appeal on any such ap-
peal shall allow the appeal if they
think that the verdict Of the Jury
should be set aside on the ground
that it is unreasonable or cannot be
summarized HAVING regard N tho nv,