New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-02-26
Bv ARTHUR TRAIN.

Nv thesis is that the limitations "'
criminal justice to-day are TO be found
rather in the way il is administered
than in the system itself. We PRIDE
ourselves upon the fact that ours is
81 government Of laws. and not of men
Eut the fact remains that all laws
however perfect, must IN the enc De
administered by imperfect men. There
is no such thing as government OF
laws and not Of men. on may nave
government more Of laws and less
Of men. or vice versa. Sooner or later
Won come 20 a mann the Nhite
Uouse. or on the woolsacs, at a desk,
or in a blue coat and brass buttons
that "a. TO the man behind the laws.
Crime is only a manifestation or the
Individuals unwillngness TO bow TO
the will of society. lnfracuons OF good
taste and Of manners. civil wrongs
SINS. crimes are in essence one ano
the same, differing only IN degree ne
man who goes out 10 dinner without
collar violates the laws OF soclai
usage. # he entirely dlsIObes and
LIZ. the streets he commits a crime
II simply depends on how much clothes
he has on what sort Of offence he COM
mlts.
The complainant IN criminal case
"a not infrcOuently quite as bad as, II
not worse than, the defendant. And
have shaken hands with many d Grim
inal who was crimina. from praise
D.. worthy though mistaken motives tha'
is TO say, who had assumed 20 take tho
law into his own hands and punish an
offender for fear that the law would
fail 20 do IL for him. The only sugges
ton ] would make 10 such is that II d
man elects 90 pursue this course ht
should be ready 90 take the conse
Quences Ike a gentleman and q sports
man.
Sin and Crime
We hear d great deal at the presen
time about the inability Of the crimi
nal law 90 punish financial dishonesty
They say that while 10 Is easy enough
20 ioCh up man who steals q loaf o
bread, 10 is exceedingly difficult 4
send TO jail a man guilty of com
merclal fraud which does not fragrant
ly trsnsgrCss some penal statute tina
the big banker or retailer Is more o
a criminal than the little thief.
The flaw In the proposition, how
ever. is the obvious one that they ar
confusing moral obliqu.ty and sin witt
crime The banker Is worse IN tn
eyes Of God, and perhaps in the eye
Of the citizen, but, as Il matter OF fact
10 may be much better for society a
whole swiftly TO punish larceny v
e armis, which is calculated 10 caus
an immediate breach Of the peace, tina
80 eXpend large amounts Of the pub
lie funds and Of the time of hlgnl
paid public servants IN unrayelHn
complicated situations where som
phases Of the statutes protecting prop
mr. "a q Z
the ingenuity OF the prosecutor ma
make them appear to have been trans
crossed. II IL took SIX months
prosecute a man guilty Of an ordlnar
petty larceny we would be obliged
adopt some entirely different metho'
In other words, inherent 10 this sy'
TEN. as 20 any other system, are oil
vious limitations.
Besidcs, IL is only common sens
that iuries will not enforce laws VIII
which they are out OF sympathy
which represent a higher state OF me
rality than that on which the Juryma
conducts his own affairs. The mutt
tude Of criminal statutes yearly er
acted only hamper the admnistrauo
Of the criminal law.
The pages Of the New YORK COD
abound in evidences Of legislative as
sininity. That such statutes ar
passed - due to the hurry and care
iessness with which bills are intro
Cuced into the Legislature and the dis
inclination Of judges, prosecutors an
members OF the bar 10 give the tim
necessary 10 conscientious preimi
nary investigation Of them. The alb
sence OF a system Of preliminary bar
risters such as they have IN England
under which IL is the business o.
trained men 20 study all proposed leg
islation, makes much Of our law ian
tastic. An ounce Of prevention ~
criminal legislation may be worth sew
sral tons Of legal opinions written IN
connection with a statute which should
never have come into existence.
New York Results Satisfactory.
The general results in New York
County are satisfactory. Counting
pleas Of guilty as convictions. the per
centage Of convictions 20 acqUlttals
during the last fifteen years has grad
uAlly increased from about 90 per cent
20 nearly 20 per cent.
The reason for this may be the in
creased efficiency Of the courts, more
care in finding indictments, or in great
or liberality IN oismissing indictments
already found. Probably il is due 70
all three Of these causes. The District
Attorneys Office Of New York County.
disposing as II does Of about 1000 in
dietments a year, pounds out justice In
quite bUsinesslike and methodical
way and with a considerable degree Of
accuracy.
Undoubtedly this result is due 70 the
fact thai our judges take an active
part in e.. trial Of the case while yet