Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1912-09-12

here u greatly In excess Of that In tn.
european countries. Ia due largely to tn,
failure OF the law and It's administration
to bring criminals to Justice. I am sur,
the failure Is not due ID corruption of Of
Gals, 1t IL not due to their negligence O,
laziness but 1t is chiefly due &c
the system against which It is impossible
for an earnest prosecutor and an efflcien,
judge to struggle"
Professor Vance, once dean of George
Washington University, goes even furthe,
than President Taft and saws: "Bluntly
put. the American lawyer has proved n
failure. In no other free and civilized
country are the laws so ili-administered az
In the United States. We lead the world
in most Of the great struggles mankind
Ia making. but in the administration OF
the law lags two generations behind the
rest Of the civilized world"
The unfortunate results that have come
to us as a nation. conspicuously to a GER
tain section Of our country. are we'll
known. Where the machinery intended for
the law enforcement-for the punishment
OF the criminal and for the protection of
society-has broken down, the people
have improvised a summary process
by whfch they have taken the law
into their own hands and undertaken
to enforce Justice. When the com
munity loses faith in its courts the
whole social fabric is imperiled. In
Cincinnati. Indignant ut the miscar-
riaEe OF Justice in court. the mob
burned the courthouse and did justice
according to its own view: when tho
italian murderers in New Orleans were
acquitted, the community promptly
took the law INTO It's own hands and
proceeded to punish the offenders.
1t Is we'll known how lynch law OPP
crates: the only reliable line thet
seems TO be recognized by those who
administer this law Is the color line.
The white man who has killed a fell
bowman between 1uries. shrewd law.
yers and the loopholes in the law and
,ts delays. is soon out in the open again
rs II nothing had happened: while the
black man is lynchei, shot, hanged
and burned. When a negro kills Il
man II ia f1endish crime. but when Q
colonel kills a distinguished citrzen II
Is an AFFAIR between gentlemen and II
Is a piece OF impuience for the courts
to interfere.
This sort Of administration Of GRIM
inal Justice involves the killing Of in
nocent persons with no opportunity
for trial; and the inhuman methods
employed, the brutalizing effect Oh
perpetrators and spectators are utterly
demoralizing TO society. and are In
tended for the destruction of all real
respect for the law
When we consider the frequent
lynchings North as we'll as South, Of
the raids Of the night riders in Ken
lucky. where neighbor killed neigh.
Dor. where men burned each others
houses and destroyed each others
property and committed other out
RACES because they differed on ques
lions growing out OF the sale of to-
bacco when we consider the labor
war In Colorado. the shooting Off IF
the court OFFICIALS In Virginia, and
other like illustrations In other parts
OF the country. we are prone to ask
ourselves whether there can he any
hope Of economic growth where such
conditions exist. But I hear someone
saying that this all relates to places
and conditions that are remote from
us. The force OF such n claim Is al
mitted. but all these things have han.
paned in this glorious country OF ours !
and as good students Of our country's
history. have YOU not been OBSERVING |
enough to note that the progress OF
the lynch law has been to the north.
ward? II has reached the orderly |
States Of Pennsylvania and Illinoi. |
mas II not? And who can say who has |
listened on railroad trains on the
street corners or In the hotels to the
men who come and go here In tho
North. when the announcement OF
some f,endish crime that has been com.
mittei here is made AMI have heard
the treats that have passed the lips
OF these northern men. that we are alb.
solutely safe from the kind of outrage
winch we have been accustomed Z,
criticize as confined wholly to tho
southland?
II the statements and conclusions
which have been expressed are correct.
then there has been a breaking down
OF our system OF justice, and a prob
lem truly presents itself which Shout
receive first Of all the thoughtful and
earnest attention of the bench and the
bar. Admitting for the sake Of argu.
ment that the machinery for the enforce.
nent OF human rights Is SO defective
mat good results are not obtfined. the
inquiry then Is. what better means can
Dc provided for obtaining Justice In the
courts! This question, In one aspect at
east Is now before the bar OF public
opinion. where 1t has been summoned in
answer to a petition which declares that
ne remedy lies In the recall OF the Judges
md OF judicial opinions Naturally. the
uuses ana the bar are opposed to this
proposition They are arrayed against It
because they believe that an independent
judiciary Is absolutely essential, and thai
ne proposed change would tend to take
way that independence.
~ VIII be surprising to learn that the
uosment OF our profession on this oues-
ION Is to any extent In favor of the
proposed changes, 1t can be argued with
'reat force that one OF the strong
iements In the English courts is that Of ,
ermanency; and this is true OF any
ourt' The recall would weaken. NOT
trengthen the court. and would make
ustice more uncertain than 1t 4. now
he place for reform may be the bench !
ut this reform should be directed ,ow,r,
plan which should give greater power S
that source; not proposition by which ~
ne power now held Is minimized or taken J
way This Is particularly true OF the +
RAJ court and the most striking n
inference between the English courts n
M our own is seen In the strong guiding
ana Which the Judge on the other side
the sea lends to the trial