Pine Bluff daily graphic., 1913-08-09
MEASURE GOVERNS
 CHARGES TO JURY
Senator Robinson Introduces Bill Regulating Rights of Federal
 ,JuriStS,

Washington, Aug. 7.-Senator Joe T. Robinson today introduced in the Senate bill forbidding federal judges to charge juries with regard to mat ters of fact, requiring them to declare the law and in jury trials to reduce their instructions to writing on the request of either party. Concerning the bill, Senator Robinson said:
 "On the whole our federal judicial system is one of the most commenda- ble features of the government. The judges, as a rule, are lawyers of great ability and recognized integrity. they are men, however, subject to bias and prejudice, as are all other human be- ings. Many lawyers believe that the demand for constitutional amend ments authorizing the recall of feder- al judges would be abandoned if the judges were prevented from arguing the facts in case on trial before a jury and from expressing or indicat- ing their opinion as to the weight of the evidence and the credibility of the witnesses Nearly all federal judges do this and their opinions are strongly persuasive with the juries. Indeed, in I many cases they are conclusive. l have heard federal judges deliver powerful arguments for the plaintiff or the defendant, much more convinc- | ing and influential than that of the | attorneys in the case. This practice weakens and threatens to destroy the | tim ehonored function of the jury. | Under the constitution and laws of most states juries are the sole judges of facts, and it is reversible error for the presiding judge, in charging the 1 jury to assume fact as true where
 the evidence is conflicting. or to ex-
 press an opinion as to the truthful
 ness of any given testimony.
 Judges Will Object.
 "Of course federal judges are not conscious of the extent to which ob- l lection is made as to the existing practice in this particular. Many ol them will be loath to part with this l power, and some few will resent the spirit which prompts such legisla- tion. That. however, is minor con
 sideration. Federal judges try man!
 political and semi-political cases The!
 also try cases involving the rights ol
 corporations. Many of the federal
 judges represented public services Corporatlons as attorneys before they
 went on the bench and some of them
 have the reputation with the par ahe
 the judiciary generally, of being
 baised in favor of corporations. l be'
 lieve the bar generally would prefer the passage of this measure. whlcr will make juries in federal courts the sole judges to the parevailing prac tice of the facts in case on trial The
 proposed change will not deprive the l. courts of the right to refuse to sub
 init to the jury an issue. which or the whole case, is without substantial ' evidence to support it, but it will de u prive the federal judges of the power IS which they now have to coerce ol l. pursuade juries to take the judges
 personal view or conclusion of fact
 which lawyers think is about as oftel re wrong as are the opinions of other in us telligent citizens, The bill, if passed oo will strengthen the federal judiciar c- in the confidence of the public an ill abolish one feature of practice. which 'r to say the least, is not. in harmon E. With the ~recognized v principles C
 American jurisprudence"
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