Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1912-01-17
More Rigid Enforcement of Law
Needed. Strong Plea by
DR.. Bell
Editor of The Advertiser:

Editor of The Advertiser:
Much discussion pro and con upon
the wisdom and utility of the ini-
tiative, referendum and. recall has
been indulged in by the press and
patriotic individuals throughout
the country, and while no definite
decision has been reached in this
part of the country, so far as [
know, it is evident from the appall-
ing amount of crime in our own be-
loved State, coupled with the ease
with which a criminal is liberated
after conviction, that we sorely
stand in need of something. 1t
may be that we need men for jurors,
judges and prosecuting attorneys, a
string or combination of things the
law can not make, but, nevertheless,
all that the law or new laws can
give us, backed by public healthy
opinion, not only to restrain the
lawless, but to force those in au-
thority to ooserve their vows to
protect society against the lawless
should be courted.
Will our people in this State Sc
riously consider our real condition
with reference to lawlessness, or
will we drag along in an Indifferent
kind of way, saying, by our indif-
ference: Just go the matter refer
red to doesn't touch me, will dis
miss it, and attend to my own busi-
ness.' Our fellows are shot down;
lawyers, who know the jurors, who
are themselves lawless, are within
easy reach; courts are lenient; our
chief executive impresses US with a
kindly feeling for the criminal;
these are some of the impressions
made upon an unsophisticated lay
man as he meditates upon the situa-
tion as it presents itself to his mind.
In view of these facts, if they are
facts, what are we to do? Shall we
have the initiative, referendum and
especially the recall of judges?
tits well known that President
Taft is opposed to the recall of
judges on account of his veto of the
Arizona law, in view of which fact
| ask you to copy some extracts
from an article in Golfers for No
vember 80 entitled, The Monstrous
Breakdown of the Criminal Law"
as follows:
Now what are the facts? Twen-.
ty-four years ago the abuses
here under review had already be-
come so fagrant that committee
was appointed by the American Bar
associ1tion to consider the matter,
and that committee reported that
on the average new trials were
granted in 46 per cent. of all the
cz1ss brought under review in ap-
pellate courts in this country.
Consider for a moment what
this means. 1t means that out of
all the hundreds of thousands OF
actions, civil and criminal. brought
in the courts of the United States,
every other one, roughly, of the
cases which were appealed were re-
versed., In other words, defeated
attorney had merely to make out a
bill of exceptions and errors and
carry the case to a higher court,
and it was nearly even chance
that the verdict of judgment of the
lower court would be reversed.
''Supposing now, what for the
rest of it is inconceivable, that these
reverses represented just conclu-
sion in each case, the meaning of
these reverses would have been that
on the average one-half of all the
trials in all the States of the whole
country were in their outcome un-
just and wrong.
Gould there be a more mon
strous impeachment of the intelli-
gence, the honor and the probity of
our primary courts:
"This same report Of "a years
ago found, further, that in 60 per
cent. of all appeals the cause turned
wholly upon questions of pleading
and practice, and in only 40 per
cent. of the cases was it a question
of the right or justice of tine ver-
dict. In other words, it was sim
ply question of miserable techni-
calities.
I'm the address of Judge Ami
don, that worthy said: I have re-
Gently looked into this subject with
respect to seven representative
States of the Union, and find that
the conditions reported to the bar