Elk City mining news. (Elk City, Idaho) 1903-1913, 1911-05-25
In CASE Of JUDICIARY HE Is
GREATLY OPPOSED FOR
VARIOUS REASONS.
In Recent Speech He Praised System in
Great Britain-Wo Elevate Pow
ers and Positions of Judges Heney
Also Made Address-President Speaks
at Trainmen S Meeting.

recall OF the Judiciary. In his speech
before the conference on reform of the
criminal law and procedure the presi-
dent made his attitude plain.
Most of his speech was devoted to a
comparison, highly unfavorable to this
country, of the judicial systems of
Great Britain and the United States.
He lamented the tendency manifested
even in England, but more particularly
in this country, to put limitations on
the power of the judges.
"And now,' he said, "not content
with reducing the position of the judge
to one something like that of the mod
orator in religious assembly, or the
presiding officer of political conven-
ton, the judge is to be made still less
important and to be put still more on
trial and to assume still more the char
acter of defendant by provision of
law under which, if his rulings and con-
duct in court do not suit a small per-
centage of the electors of his district.
he may be compelled to submit the ques-
ton of his continuance on the bench
during the term for which he was
elected to an election for recall in
which the reason for his recall is to be
included in 200 words and his defense
thereto to be equally brief.
Saving Sense of Humor.
cit can hardly be said that this pro.
posed change, if adopted, will give him
greater authority or power for useful
ness or constitute reform in the en-
forcement of the criminal law of this
country. 1t will certainly not diminish
the power or responsibility of coun-
sci for the defendant. Let us hope that
the strong sence of humor of the Amer
lean people, which has so often saved
them from the dangers of demagoguery,
will not be lacking in respect of this
| nostrum.'
"The statistics which show the
crimes which go UNPUBLISHED in this
country, as compared with those in
England, are startling and humiliating
to any American who has pride in his
fellow countrymen as law-abiding and
law-enforcing people. A study of the
English system will show that their pro-
cedure and their guarantee in favor of
the individual as to Indictment, trial
and conviction, and their provision for
the security of the liberty of the indi-
vidual are exactly the same as ours, for
we derive ours from them.
"Wherein is the great difference,
then between the effectiveness of the
two systems? 1 believe it exists in the
character, experience and learning of
the judges, in the power which they
maintain and exercise in the course of
the trial for the saving of time and the
ls1mplifcation of the issues and the re-
Ispect and obedience given to their init
nations from the bench as to the proper
behavior of counsel in the conduct of
the case. If there is any other reason
for the difference, it cannot be found in
procedure.
81 wish to comment on the effect
that the change in the power of the
judge in this country in the matter of
management of the trial has had upon
his ability to shorten the methods of
counsel for the defense and their con-
duct in the courtroom.
An Unreasonable Distrust.
"What L believe to be an unfounded
fear of judicial tyranny and unreasona-
BILE distrust of judges have led to stat
2 utory limitations upon their power in
( the conduct of criminal trials which
have made the trial by jury in this
: country and especially in the western
r states, an entirely different institution
from what it was understood to be at
e the time of the adoption of our constitu.
{ ton.
+ Gin many states judges are not per.
!. mitted to comment upon the facts al
all. They are not even allowed tc
+ charge the jury after the arguments OF
counsel, but they are required to submit
written charges upon abstruse questions
of law, with no opportunity to apply the
principles concertedly to the facts Of
i the case.
y "The restraint that a judge in the
: course of a trial imposes upon the man
Ii ner and conduct of counsel in an Eng
, fish court is thus wholly wanting, will
T. the result that there seems to have beer
substantial change in the code of pro
fessional ethics governing counsel, ant
s. in the extremes to which counsel, in tn
y defense of their clients, seem to thinl
al it is entire proper for them to GO
y Their conduct makes neither for the dig
e, nifty of the court, for the elevation o
1.-THE ethics of the bar. for the expedition