Bonners Ferry herald. [volume] (Bonners Ferry, Idaho) 1904-current, 1911-05-20
In CASE OF JUDICIARY HE Is
GREATLY OPPOSED FOR
VARIOUS REASONS.
In Recent Speech He Praised System in
Great Britain-Wou Elevate Pow
ers and Positions Of ges-Heney
Also Made Address President Speaks
at Trainmen's Meeting.

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 a religious assembly, or the
presiding officer of a 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 a defendant by a 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 a 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crimes which go unpublished in this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
-. EnglsL system will show that their pro
cedure and their guarantee in favor of
the individual as to indictment, trial
; aud conviction, and their provision foi
= the security of the liberty of the indi
= vidual are exactly the same as ours, fol-
we derive ours from them.
Wherein is the great difference
Z then between the effectiveness of the
!. two systems2 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
R the trial for the saving of time and the
simplifcation of the issues and the re
r spect 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 il
> procedure.
g 81 wish to comment on the effec
y that the change in the power of tn,
:. Judge in this country in the matter o.
j management of the trial has had upoi
his ability to shorten the methods O
. counsel for the defense and their con
duct in the courtroom.
An Unreasonable Distrust.
y "What l believe to be an unfOunde'
fear of Judicial tyranny and unreasona
IL bic distrust of judges have led to stat
utory limitations upon their power il
N the conduct of criminal trials whic
have made the trial by jury in thi
country and especially in the western
states, an entirely different institution
Mt from what it was understood to be a
IN the time of the adoption of our constitu
s ton.
n Gin many states judges are not pei
ID nhtted to comment upon the facts a
all. They are not even allowed t
is charge the jury after the arguments o
sr counsel, but they are required to submit
IN written charges upon abstruse question
ne of law, with no opportunity to apply tn
at principles concertedly to the facts o
IN the case.
e. "The restraint that a judge in tn
course of trial imposes upon the mar
ner and conduct of counsel in an Ems
IN lish court is thus wholly wanting, wit
IN the result that there seems to have bee
Id substantial change in the code Of pr'
IN fessional ethics governing counsel, an
e; in the extremes to which counsel, in tn
us defense of their clients, seem to thin
it is entire proper for them to g
IL, Their conduct makes neither for the dii
he nifty of the court, for the elevation {
n the ethics of the bar. for the expedite
Of criminal procedure, nor for the re-
sonable punishment of crime.
Attorney General Wickersham was
m have made an address, but was unab
p to attend. Francis j. Heney of Sa
nd Francisco was one Of the speakers.
ep The president Monday went to Ha
er risburg, Pa, TO address the tenth bic
nd NAL convention Of the Brotherhood
IL Railway Trainmen.
le-
he Soma women live in the hone Of a