The Birmingham age-herald., 1912-04-11
JONES MAKES REPLY
 TO COL. ROOSEVELT
fcoNTINUED FROM PAGE ID

|
 bestowed upon him by his party and | by the people of the country He seems to be unmindful of the dignity and de- pertinent of one who filled the most ex- alted position in the gift Of man. We respect and tolerate the actions ana utterances of the ordinary politician but it is a shock to our people to sac their idol seeking place and power by | appealing to passions, prejudices anu | lhatreds and whose most powerful argu- ment is denunciation of the motives and honesty of those who oppose him. | He would substitute the biased, warped and inhamed opinions of the multitude for the judgment of those acting in a | judicial capacity based on sworn evi- dence. weighed and balanced by those rules and principles which have been | brought forth from the crucible of time to | insure justice to the poor and the rich, l the weak and the strong"
 Senator Jones said he did not propose to discuss the judicial recall, but would notice only the latest suggestion ad- vanced for the guidance of those acting in | a judicial capacity. He then quoted at | some length from Colonel RooseVelts comment upon the Lorimer case in his speech of March 30 at Detroit, wherein 1 the former President charged that Sen ators Dillingham;, Gamble and Jones were | NtCAAA--+N'-N~~N- | that Lorimer be permitted to retain his | seat.
 Reply to Lorimer Comment | Senator Jones saids xSs
 'This argument may have caught the fancy of those who listened without grasping the full significance of the statements made, but no proposition was ever advanced by the widest anarchist | more subversive of the principles of hu- man justice, or human rights and good government than the principal suggestion contained in this statement Senator Jones argued at length that the constituents of the senators named would want them to vote on the Lorimer case according to their own consciences. He said he did not believe there could be found within his state one who is such a reactonary as to approve the rule of judicial conduct practieed by Pontius Pilate If MT Roosevelt made the sug- gestion seriously it is shocking. If he made it ignorantly it is pitiable. If he made 1t to secure votes if is dispicable. You will note that this Is not a sug gestion that the judges should decide case according to their judgment of the law and the evidence and then to allow the people to pass upon 1t. It goes farther than that. It suggests that the people shall make the decision. that the judge shall disregard the law and the evidence and try to ascertain what he thinks the people desire to be done in the case and then act in accordance with what he believes is their judgment.
 Proposition So Extreme This proposition is so extreme so shocking so contrary to all principles of enlightened jurisprudence, so antagonis- tic to the basic principles of judicial &C., ton that have been brought forth in the crucible of time for the protection of life, liberty and property, that l canr not conceive of the state of mind or the purpose that prompted its utterance. I leave this mystery for the people them- | selves to solve.
 If this rule is to be followed then | judges must instruct juries that they are | not to decide cases upon the law and the evidence submitted to them, but they must | endeavor to find out what the public sentiment is with reference to the mat | ter at issue and decide it in accordance with that. Judges, instead of instruct l ing the Jury as to what the law is, should
 try to tell them what tie public senti- ment is"
 | Senator Jones said he had wondered a few weeks ago why it was that attor- neys would not allow Colonel Roosevelt | to act as a juror. He added: "I un- derstand now
 Hot Debate to Follow
 
 In the debate which followed Senator owen of Oklahoma proclaimed that Pilate
 was "an unspeakable scoundrel. and standpat, pe-eating politician from ! Rome" The senator read copious ex- tracts from the Bible as he spoke. Sena. i tor Owen declared that Senator Jones has mistaken the character of Pilate, and
 the proceedings in the trial of Jesns,
 and that Pilatc was neither an upright
 judge nor a progressive.
 Senator Jones interrupted to say that
 he had not defended Pilate TOT criticised Christ. Senator owen asserted that the essence of the doctrine of Christ was the moving force in the worldwide progres
 slve moment of the day, and the den
 of thieves which Christ had referred to
 in a part of the Scriptures was a part
 of the political machine of the hierarchy
 of Jerusalem, with which the common
 people had nothing to do. The ordinary
 people, he said. had not caused reversal
 )f Pilates better judgment. That had
 leen brought about by the temple thieves
 led the priests.
 Tn view of these facts,' shouted Sem
 ltor owen, '1et us have no more of the
 .'ontius Pilate precedent" He said he
 would have both Pilate and his judgment
 ecalled.
 Senator Poindexter. taking up his col
 ague's comparison of Colonel Roosevelt
 Pontius Pilate. asked Senator Jones if
 ,a ,,oopt n draw w a nara1lel between Sen-