The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1911-05-19
HE TRUSTS. HOWEVER, IN GOOD
SENSE OF PEOPLE TO
SAVE THEM.
Fear of judicial Tyranny, He Believes
unfounded-Our judicial Procedure
unfavorabIy Compared With That
Of Great Britain-speech Before
Conference for Reform Of Criminal
Practice.

came out publicly last night against
the recall of the judiciary. In his
speech before the conference on re-
form of the criminal law and proceed
ure. the president made his attitude
plain.
Most of his speech was devoted to
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 particular
ly in this country, to put limitations
on the power of the judge.
To Try Judge.
"And now" he said, mot content
with reducing the position of the
Judge to one something like that of
the moderator in religious assembly
or the presiding officer of political
convention, the Judge is to be made
still less important and to be put still
more on trial and to assume still more
the character of a defendant by pro-
vision of law under which, if his rul-
ings and conduct in court do not suit
a small percentage of the electors of
his district, he may be compelled to
submit the question of his continu-
ance on the bench during the term
for which he was elected to an cleo
ton for recall, in which the reason for
his recall is to be included in 200
words and his defense thereto to be
equally brief.
No Greater Power.
cit can hardly be said that this pro-
posed change, If adopted, will give
him greater authority or power for
usefulness or constitute a reform in
the enforcement of the criminal law
of this country. 1t will certainly not
diminish the power or irresponsible
ity of counsel for the defendant. Let
us hope that the strong sense of
|hnmor of the American people, which
has SO often saved them from the
dangers of demagogy, 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crimes which go unpublished in this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-abid-
ing and law-enforcing people. A study
TN ich oh hot
their procedure and their guarantees
in favor of the individual as to indict-
ment, trial and conviction, and their
provision for the security of the lib
erty of the individual are exactly the
same as ours, for we derive ours from
them.
Judges Show It.
wherein is the great difference,
then, between the effectiveness of the
two systems? believe it to exist in
the character, experience and learn
ing of the judges, in the power which
they maintain and exercise in the
course of the trial for the saving of
time and the simplification of the is
sues and the respect and obedience
given to their limitations from the
bench as to the proper behavior of
counsel in the conduct of the case. If
there is any other reason for the diff
ference, it cannot be found in proceed
ure.
Il wish to comment on the effect
that the change in the power of the
judge in this country in the matter
of the management of the trial has
had upon his ability to shorten the
methods of counsel for the defense
and their conduct in the court room.
Unfounded Fear.
"What I believe to be an unfounded
fear of judicial tyranny and an un-
reasonable distrust of judges have led
to statutory 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 states, an entirely diff
ferent institution from what it was
understood to be at the time of the
adoption of our constitution.
In many states judges are not per-
mitted to comment upon the facts at
all. They are not even allowed to
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 the case.
'AThe restraint that a Judge in the
course of a trial imposes upon the
manner and conduct of counsel in an
English court is thus wholly wanting.
with the result that there seems to
have been substantial change in
the order of professional ethics GOV
erning counsel and in the extreme to
which counsel in the defense Of their
clients seem to think it Is entirely
proper for them to go. Their conduct
makes neither for the dignity Of the
court, for the elevation Of the ethics
Of the bar, for the expedition Of Grim
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