Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1913-10-31

economical, and the absence OF
juries obviates the unseemly
wrangles and delays about the
admissibility of evidence and in
structions to the jury that 50
often mark and mar the trial OF
cases in the courts in the United
| States, and give ground for the
technical reversa1s by the ap-
pellate courts, which have gone
to such extreme here as to bring
the administration of justice into
disrepute among our people.
An extensive experience under
both systems leads to the con-
clusion that jury has outlived its
usefulness, or that jury trial is
sadly in need of reformation, if
not abolition in civil cases at
least. But to abolish it is i'm
practicable as to do so would
necessitate amendment of the
Federal and every State constl-
tuition. There is no doubt,
however, that jury trial is re-
sponsible for the delays and enor-
nous expense incident to litiga-
ton in this country, both OF
which have gone to such lengths
as to make the administration
of our civil and criminal laws a
reproach to us as people. Presi-
dent Taft has expressed himself
most forcibly on this subject, and
he could erect no more enduring
monument to his administration
than by securing the reforms he
has suggested.
There is one provision of law
in the Philippines requiring every
Judge, before he can draw his
salary, to certify in writing that
he has disposed of all cases
which were submitted 10 him for
decision more than thirty days
previous to the date upon which
his salary is due, and which if
adopted in this country would
greatly facilitate the adrninistra-
ton of justice along certain lines.
The judicial system of the
Philippines, while admirable in
many respects, is not perfect,
and could be improved in
many ways. At present only
the Judges of the Supreme Court
are appointed by the President.
It would better SubServe the ends
of justice if all judges were ap-
pointed by him, together with
the Acknowledgement, who should
be member of the Commission,
ex-fficio. The judiciary or the
Philippines above all others
should be absolutely independent.
This is impossible when they owe
their appointment aud tenure of
Office to the Governor General,
who is very powerful and I'M
portant parsonage. His acts
under the law, and sometimes
outside the law, together with
the policy of his administra ton
often come before the courts, and
it is not unnatural to find the
judges more or less subservient
to that executive authority toI
whom they owe their promotion,
assignments, and tenure of Office.
1t was also a mistake to ap-|
point a native Fiscal for each
province. In the first place they
have with few exceptions proved
incompetent, and in some cases
corrupt, and in the second place
they have been a large and En-
necessary expense to the already
overburdened taxpayer. What
should have been done was the
appointment of an American
lawyer as Fiscal or District At
torney for each judicial district,
with Filipino assistant to be
trained under him with view to
his succeeding, to the position.
This would have made for hon
est, efficient, and fearless adj
ministration of justice, and have
abviated the expenditure for
salaries of about sixty percent of
the present number of Fiscals.
But the administration was not
looking so much for efficiency
and economy, as it was to please
the natives and keep them quiet
with political soothing-syrup.
Furthermore it was not only a
mistake, but a weak concession
on the part of the authorities, in
retaining Spanish as the official
language of the courts. 1t was
done at the behest of mere
handful of Spanish and Filipino
lawyers; for not more than three
per cent of the people know any
Spanish. The English language
] L 4, l.