Weekly journal-miner. [volume] (Prescott, Ariz.) 1908-1929, 1913-06-25
cRIT1cIsING COURTS.

There has, been much criticism in
recent years, of the courts, leading
- agitation for recall of judges,
Beyoud doubt some of the criticism
is justs but much OF it has no more
basis, Yin fact, than the attacks upon
the Georgia courts, where it was
sseged.a boy eleven years, old, was
Sentenced tos prison for ten years
because he stole a five-cent bottle
Of coca cola. ~
The facts are, bad boy was sem
teaced to afTjuvenile reforrnatory
during hfs minority, or until such
time as his conduct might show that
he might be discharged with fessOn-
able assurance>~that he would mot
become a menace to society. A vast
difference between a juvenile reform
school and a prisont And, a vast
Inference between a ten Syears' SEN
tence to- prison and a.'seatence for
what might be ten years or what
also might be. no more than six
months to a reform school for in
c0rrigible minors! 80 : - ~
1t required quite an : amount OF
work on the part Of the. Georgia
courts and Miss Lathrop. chef OF
the children's bureau Of, the United
States Department of>Eabor,. TO cor
rect the falsehood published in the
literary Digest, the Pitts burg Dis
patch and a, multitude OF ether pub
Ecations = @; " 40
Administration of :. the = criminal
lazy is most difficult. The, fault does
not lie so often with the. Judge or
the district attorney as with the
jary. Under our system juries are
selected largely FOR their ignorance
rether than their intelligence. In
some cases, juries have been com
posed OF men who read. no news
papers, or anything else for, that
aatter. Hayng no information. they
could qualify .as not having formed
an opinion. = 2 - ~,
Because OF she method by which
they are chosen. .juries render their
serdiets largely from prejudice or
from the impression an attorney on
one or the other side OF the case
may make in, his closing speech. y
Now and then there is, a corrupt
judge on the. bench. sos3aee ia "a
while one is. found .'whQ, will ,faver
the people who made hirq e}udge and
who. therefore. might idefeat" his
denomination if he. should fail, to
rule in their favor Now and then,
judge is found who will throw
his weight against his friends for
fear people will believe he is
prejudiced in their favor. That usort
of judge is just as corrupt, as one
who favors his friends. Now and
then there is martinez on the bench
who is there for the purpose of,
assisting in the prosecution ofSany
case that is before 1him,, Genefsily,A
such Judge has been a prosecuting
attorney and cannot get over the
habit - For that reason, it might
be wise to bar prosecuting attorneys
from eligibility to the bench Usual
iy they believe every indicted man
guilty. until he shall prove himself
and are quick to advise the I
prosecuting attorney where he may
be overlooking a point which would
tend to make his case stronger.
The policy of prosecuting from
the bench is within the power of
the judge, but not, within his rights.
Such judges have contributed, eiior-
nously to popular distrust OF the
bench and are Responsible for the
growing demand for a recall pro-
7ision. so e.. !
On the other hand. the average
udge tries to be just. When he fails, |
IS a rule, it is because of his earlier !
and associations Usually
he had training as a corporation
awyer, he unconsciousiy leans to
he side Of corporation litigaRtsy LEI
lie has been fan cagitator : for the
lights of the2people, not ihfrequent-
y. he q5nstfueF the. law as he would
Ike it fof be- not as he finds it, .isl
He has the weaknesses incident to
nman nature and Il III. r.cau /.