Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-07-09
TELLS NATIONAL ASSOCIATION
FIELD or Work 70 DRoAp
Not Elected Msreiy 70 Give Opinions on
Law Points-Arsuss for Mers AIDE.
auats Secret Service Organization Of
States to Aid in Tracking GRIMM.
ais,
pecial to Times-Republican.

hotel, President George COSSon. OF
Iowa, this afternoon delivered notable
address on The Attorney General" in
which he treated of the office in its
historic aspects and in Its recent mod
ern development as the avenue thru
which the people protect society and
safeguard all public interests.
President Cosson took the advanced
ground that by and thru the office
many reforms can and will be accom-
plished and 1t Is of vital importance
in the movement for effective reform
OF court procedure. Progress and re-
form must come more thru administra-
ton Of the law than thru new legis-
lation. The attorney general can be
great factor in this movement. His
commission IL from the people. He
possesses common law as well as stat
utory rights and duties. He is more
vitality connected with the preserva-
ton OF human rights and property
rights than any other public official.
Under the common law, the attorney
general represented the government
which was the king-today the attor-
ney general represents the govern
ment which, under a democracy, Is the
people" Continuing Mr.. Cosson said:
Under state governments. his d.
rect commission from the people. eth
er biennialiy or quadriennial!y, his d.
rect and vital connection with every
phase Of the state government and
with crime and criminals. peculiarly
fits him for the duty Of representing
the peoples interest without in any
manner causing him to overlook the
fact that a defendant charged with a
crime is citizen Of his state and ma
ton and entitled to the same protec-
ton as the mass of citizens not
charged with crime.
His Field 10 Broad.
IAN attorney general should there
autcmaton. His greatest service to the
state will be that which IL not express
ly defined by the constitution or by the
statute. To a large extent 1t will be
that which is not or can not be paid
for. Hundreds Of lawyers in every
state can argue cases in the supreme
court upon appeal and follow prece-
dents in advising state officers. These
duties. however, even II we'll perform :
ed. do not make an attorney general.
His possibility for usefulness 10 meas
ured only by his initiative. his breadth
OF sympathies. his insight into human
affairs. his acquaintance with business
and commerce and his mental acu-
men. One Of his greatest services will
be to see that the criminal laws of the
state are fairly. impartially and fear
lessly enforced in every part of the
state. and thta local officials perform
the duties Of their offices.
I'm this connection very peculiar
responsibility rests upon the attorney
general in bringing about reform in
court procedure. The evils Of the tech
nioalities Of the law and the laws de-
lay have been denounced for years and
even for ages and centuries and yet
reform is extremely slow. This is due
to the natural conservatism Of law
yere and the peculiar conserva tism Of
courts whose guiding star IL that OF
precedent. l do not mean to decry the
use Of precedent. Undoubtedly there
must be certainty in the law. What I
object to is the application Of a rule
when the reason for the rule has failed,
or the extension of a precedent to new
cases involving new or additional facts
which should cause new presidents. A
precedent should be a means to an end,
and not the end itself-a guideboard
pointing the way, not the destination"
Evil Of Tschnieai,tiss.
President Cosson referred to specific
Instances Illustrating the evil Of the
technicalities of the law and quoted
some statutory efforts at remedy;
also suggested that the number OF
statutory offenses be reduced and there
be reform in regard to the plea Of in
sanity. lie inin:ns;.cd the Importance
Of the recall Of judges
Turning to other phases of the sub
ject Mr.. Cosson continued:
"In this country the popular imagina-
ton is filled with the necessity for leg
islation. If any evil is to be corrected
or any reform promulgated. then public
mind Is satisfied II congress or q state
legislature passes an act covering the
question. In the more highly civilized
countries Of Europe they have learned
that the administration Of government
Is quite as important. II not more so,
than legislation. This is fact Of very
great Importance and the several at
torneys general whose duties acquaint
them with every branch Of the state
government and every phase of admin
istrative law know very we'll that fair
law well administered is better than a
good law badly administered. This Is
the secret Of the efficiency of govern
ment in foreign countries in dealing
with all forms Of crime including the
trust question. The reason why our
state governments compare SO unfav-
orably to foreign countries il not be-
cause our laws are inferior but because
Of inferior or in many instances no adj
ministration.
8scret Service Inadequate.
Take the matter Of dealing with
ordinary crime. We must apprehend
the criminal before we can prosecute;
then prosecute before we can punish
Our form OF punishment. while much In
need Of reformation. Is equal to that OF
any foreign country. The difference is
with our methods OF prosecution. one
form Of administration the evils OF
which l have Just called attention, but
the comparison. IL much more unfavor-
able when we look to our method OF
approximations.
~ = hardly state IN the union