Amarillo daily news. [volume] (Amarillo, Tex.) 19??-current, 1913-01-07

would secure 10 Us JUDGES VI
wears in the prime OF life, and thea'
when their elective terms have eS'
,i-ed leave them cared for ana
available for use. II yet capable OF
good service -.
Some OF our present judges think
they should be permitted TO com
men, on the weight OF the test
mony. etc. This is wrong IN primer
Ole A trial by jury is almost
sacred right The trial OF the 10
sues OF fact should be by the Jury
and not by the court. II the court
Is permitted to comment on 'ne
weight OF the testimony and tue
credibility OF witnesses. he not only
invades the province OF the }ury
but ne might be tempted thereby 70
reward friends or punish enemies
ne could even sell his influence AMI
Caesars wife should be above sus'
picion II he is a man OF influence.
he has power TO decide a case or II
without influence. he might. a. mas
recently been done. attempt TO in'
fluence the jury, make monkey OF
himself. disgust the jury, and he1p
the man he seeks to hurt
There is a great tendency to hedge
and cut of the right OF appeal and
the right 10 have questions OF error
considered. BY technical require
ments as to raising questions In the
motion for new trial and the word
Ing OF ASSIGNMENTS OF error. re-
Gently promulgated rule by the su'
preme court is along this line. The
court only yielded 10 public clamor
and consented Ia follow an older sta
tute which they had before apparent
Is ignored. because OF its being
wrong in principle and unjust IN
practice. For this they are not %
be criticised The point We would
make is that both the statute and
the rules are based on fundamentally
wrong principles. This Is a republic
One OF It's largest foundation stones
is the patriotic loyalty OF the citi.
zen. The citizen Is 70 support the
state and nation, and without his
support We would grow weak, then
totter. and eventually fall II the
state denies the citizen a full aud
fair hearing OF his complaints on
such purely technical grounds and
he Is compelled 10 suffer In his
rights thereby. how or why could the
state expect his loyal support? Tho
tendency and effect OF such is %
make him an anarchist or rebel.
and he has right 10 be u 50 treat
ed
Close akin 10 the foregoing is a
olamOr as 10 techncalities We
have too many, vet not enough. tech.
nicalites II depends upon what
kind they are. We now have
rule which has the effect OF saying
that II case is tried In Armstrong
County, whore the court may hold
two weeks only. and the motion fo-
new trial Is overruled on the last
day Of court, the judge can in va
cation extend the time for filing A
statement OF facts. But. II a case
is tried in Potter County. and the
motion is oyerruled on the last day
OF the term. the same judge has no
such authority. simply because the
possible term OF court In Potter il
over eight weeks. II has cost the
state and her citizens thousands Of
dollars 10 deduce this technical rule
from a foolish legislative act Our
legislation should be- on broader
guage. formed by more compreheu.
siye minds. II ought TO be so that
when record is made up 10 speas
the truth and speaks 10. and then
gets before the appellate court IN
der the signature and seal OF the
trial court. showing that IL is the
record. IL ought 10 be considered ami
'Ae upper court ought 10 consider
, every material error called 10 its at
tention by the briefs. where tho
briefs are supported by such off,
cial record. on the other hand,
when we come to principles OF law
The PRONUNCIATION and application OF
rules OF right hy which people ar
/ 90 tell what can and what cannot De
I legally done. no court can be too
technical and be- at the same time
conscientious and broad guaged We
need more OF such technicalities ana
fewer OF the technicalties that PEI
tain TO procedure only
Some little is being said about the
eXpensiyeness OF litigation. but 1t i
! noticeable that but few practical
suggestions 10 this end are being
! made Why pay clerk an eXorbit-
ant charge for an original citation
and copy which the lawyer often
| has 10 compare TO get them right.
when the summons direct from the
| attorney would do as well9 Why
, hunt up an officer and pay him ar
eXorbItant fee. with mileage for ser
wing a citation when IL could be
as we'll served by any credible citi-
zen. supported by his affidavit %
service \ litigant losing In trial
court and desiring 10 appeal. mus
first file a motion OF a new trial.
and therein specify In detail every
mo 81 l.. = L.