South Bend news-times. (South Bend, Ind.) 1913-1938, 1914-02-02
LETTERS OF THE =
PEOPLE. =
X X X !; X X X x X X X x

To the Editor of The News-Times.
Ever few days since the unfor-
tunate collapse of the Shively-Honer
building on 5. Michigan ST., some
thing has been said. in one or the
other OF our daily papers. about "A
grand jury investigation. And now
comes the corOner's report blaming
the architect ana instructing the
prosecuting attorney TO take the mat
ter before the next grand jury Ii
strikes me that the coroner IS uOing
more than his duty when he pre-
sumes 10 issue instructions or even
suggestions to the prosecutor.
am not, nor is the firm of Slick &
Slick, retained or employed IA behalf
of Architect Schneider. but 1 am not
one Of those who believe in trying 10
ind a victim upon whom to shoulder
all the responsibility for this regret
able calamity. Mr. Schneider is an
upright, moral CONSCIENTIOUS citizen
and an able, efficient, and careful
architect.
lie may have made a mistake (as
10 this / am not able 10 judge), but
suppose it be admitted for the pur-
pose OF argument that he did; what
of Ct? Are there any among his
critics who has not If every man
who erTs in Judgment. even though
his error is responsible for injury TO
others, is to be held criminally re-
sponsible. our jails will soon be filed
with those for whom they were
never intended.
But a mistake in calculation even
though il may constitute negligence
is not criminal. To be criminal it
must be such wanton and gross care
lessnesS as to constitute n reckless
disregard Of the rights and safety OF
others. That there is such a thing
as criminal negligence there is no
dispute. but that Mr. Schneider was
not 50 grossly negligent as TO be
criminally responsible hardly needs to
be argued.
Almost every day. in our very
midst, death results from some negl-
gent act yet no one thinks of GRIM
inal responsibility. and indeed. it is
frequently most difficult to Xix the
civil liability Not long ago a street
car on S. Michigan St. running at a
very high and unlawful rate OF speed,
crushed the lie out of young
mother and her baby girl.
soon after a Lake Shore fast train
rushed across Chaplin st. a. from 80
TO 40 miles an hour, struck and in
Stantly killed a man who was re-
turning home from work. Only a
few months ago a lineman i'm the
employ of one OF our public utilities
companies. came in contact with a
live wire charged with a heavy volt
age, and was instantly killed. Yet no
one ever thought of asking that the
grand jury make an investigation
preparatory 10 returning an indict-
ment.
How many men have met with IA
talities in our local factories during
the past few years? Fatalities due
10 the carelessness or negligence OF
some other person: a foreman neg
lectS 10 guard a saw or tighten
pulIy a superintendent forgets, to
warn his workmeD of a weak place in
"a scaifold. "a fellow workman over
looks "A loose bolt or nut and some
poor Fellow. who is not i'm any wise
10 blame. goes down.
You say this is wrong and should
bee remedied. Admitted But the
remedy lies i'm the civil courts. not
the criminal No grand jury would
return an Indictment and no petit
jury would ever convict And the
reason is that it is one OF the
fundamental laws that every one is
presumed 20 be innocent of any
crime until IL is shown that he is
guilty beyond all reasonable doubt
And this is as it should be. None of
tN b ~ bNNA AtAtAA tlN - NJ MINIS 10 Ht
judged by any other rule.
Belief I'm fair play is one of the
most admirable traits OF the Amer
lean people. 4 little more charity
and less inclination % howl grand
jury at the least provocation. would
la my humble opinion. Ice more in
keeping with progressive institutions.
The lives that have been forfeited
cannot be restored. The bereavement
Ell frinds and relatives cannot be
lessened by persecution under the
cloak prosecution. It is as much tie
duty OF "a grand jury 90 refuse TO
return an Indictment against one i'm
uocent OF crime as to return a true
bin against "a criminal.
Surely our criminal dockets are FUN
enough with cases against real cul-
prits without encumbering them with
charges against our best citizens. IT
all the men I'M this state. Who are
more criminal at heart than W W.
Schneider. were in jail. there would
be very little room left.
-THOS. w SLICK.