New-York tribune., 1911-03-20
PREVENTING JUDICIAL BIAS
The Irrelcvance of Names and Person
alities in Gases on Appeal.

To the Editor OF The Tribune.
Sir: After reading the letters OF MI
Cleghorn and Mr.. Cardin, published IN re-
cent issues OF The Tribune concerning
"harsh judicial sentences and "crimcs
against property" I would like 10 submit
Ia them as we'll as TO others OF your reao-
ers who may be interested reform IN
court procedure in cases on appeal. we
Lnow this: AT the present time a reform
or some kind IL needed TO the end that
"tustice" will not become meaningless
word. nor equality under the law an
empty phrase.
II Is an undeniable fact that tho judges
of our Supreme courts (and other Appellate
courts). when called upon 70 decide points
OF law in cases on appeal. are oftentiine9
Influenced by their own individual feeHhss
and opinions regarding the personality OF
the plaintiff or defendant. or both.
Let us. then, accept these facts as es-
tabiished: % That our Judges are on'y
men. and with all the weaknesses or men
-, that q most common weakness OF man
&, 10 be influenced by his individual ieei
,ros and oninlons with reference 20 the
personality Of others.
We know that these two facts are 'i'e
cause of many "miscarrages or justice
Why not apply the remedy! why hot
strengthen our judges against thls wedh
ness which is SO common 10 mahhi'iu
WHY not eliminate at once the great
ternptation 10 bias Involuntary bias IN
many cases. and so subtle as to be ire
ouently unknown to the Judge himselD!
You ask how can this be done? Inc
answer is, Provide that all cases on ap-
neal shall be submitted TO Appellate coui %
by briefs (no oral arguments, ana sucH
briefs must not disclose the name or ha''c'
Of either the plaintiff or defendant nor ~
anv manner whatsoever refer 10 thehi III
a nav that will disclose their identity 10
the Appellate Court Judges.
Is II at all necessary in order TO insure
the proper application Of the law uh cas-
where the facts have already oeeh eS'H'
lshed in the trial COURT that the names
and personality Of the parties in action Do
roade known to the judges in advance Ok
their decision? Assuredly not On tho
con,rarv. the very principles OF justice
would seem to demand that equality undeF
the law" can only be had by decldihs th7
.'points Of law on appeal without wv
knowledge on the part OF Judges OF WIN
the parties to the action are or thel' pei
sonality. Where the parties are known u
tho Judges they (the Judges may disre-
card the personality OF the parties. Whe'e
the parties are unknown 10 the JNue'0
they the judges) must disregard IT,
Let us imagine a civil engineer Skilled Il,
the science Of surveying. who Is FequeS'eN
,t-I tln V
IN decide a matter Of disputed pouIuei''
In order 10 arrive at just decis'oi oVe'
ha ba,e N he informed who the rival pai
ties claiming the land are? Cer'alniy "o'
II. arn,ies his knowledge OF surveying TO-
,o,.or with the necessary apparatus, re-
cordIess Of the ownership OF the Iano'
or one skilled in the science or assayins
"a asked TO determine the value or certain
r,neraI rock submitted. Would not 'he
or,rsr endeayor by all means 70 conceai
from The assayer all knowledge as 10 "hefe
tho rock was taken from. IN ofder tna' az
&c. ossav on the merits Of the roch IL
self might be had?
,rd ca With Judge skilled in the SCI
crce OF law. In order 70 obtain perfect
II honest decision on point Oh Ia" V','
foc,s having been established and law al
ready applied IN the trial courp 10 this h''
moro likely to he lad from judges from
whom the names and personality OF u,e
parties in action are withheld? 10 90 ti'S
NAV seem impractical but such Is not the
oae. 7, can be done. First. however iet
nc mako IN our minds If We want It, ana
49,, IN. practical means 70 carry 1t into
use will soon be found.
CHARLES FISHER.
San Francisco, March TO- 1911.