The Oskaloosa herald., 1915-01-14

MEA

is reversed and back ii goes for q re-
trial. II Is upon the Theory that II
cannot be known what the jury might
have done IL the error had not been
made. So, Notwithstanding the convic-
ton that the verdict was right. It goes
back to take the chance OF some other
bringing In verdict. that Is wrong.
While courts are faliible and very liable
to err the jury Is practically infallible,
their verdict almost unimpeaehable and
establishes the fate of the lltigants as
nrmly and immovabls as the rocks OF
GibFaltsF.
Aside from chancery cases the SUI.
preme Court IL a court for correction
OF errors. AS errors are always pre-
sumed to be prejudiclal the astuts
lawyer often makes every effort TO get
error into the record" If he can sue
ceed and the result Of the trial Is not
presumption In his favor. The error is
presumed to be prejudicial 10 his client
II may be, but 1T ought not to be con.
clusively presumed So The contest in
the appellate court esnteTs around the
question as to whether or not there was
error and the substantial rights of the
parties may not be involved at all
When you get at the bottom, fact about
does not require 81 the trial court JUS
tice but infallibility. This whole thing
appears TO me to be wrong. If the
court on the whole case is satisfied that
to have been rendered, they ought to
let 1t alone Notwithstanding the error,
and litigation should end. Matters OF
practice ought not to be exalted above
pursue inevitably results in inefticiency
of legal administration. 1t brings about
disregard of law and contempt for 1t
among all classes OF people. Convictions
in criminal cases are nullified because Of
presumed prejudice on account of error.
This General Assembly ought not to
adjourn until ii has enacted a law pro-
vidtng in substance that no judgment
shall be set aside or reversed or new
trial granted on account of error of the
court or error in any matter OF pleading
or procedure unless il shall appear on
the whole case that the error complained
of has seriously affected the substantial
rights Of the parties. -
The time sometimes taken FOR. the
selection of jury Is cause of delay,
useless expense. absurd, farcfcal. The
grounds Of challenge for cause are given
by statute. few questions in a few
are sufficient TO determine
jurors qualifications and the court
SHOULD be given authority to control
stilL he should have the authority to
examine and pass upon the qualifications
of Jurors for the trial OF the cause,
again repeat what'f said two years
ago that the time for taking appeals
should be greatly shortened. / see no
reason why the law should make the
procedure of u cause through the courts
The law forbidding counsel to COM
ment on the fact that the defendant in
a criminal case declines to become a
witness in his own behalf and give such
explanation as he can of the facts pro-
duced tending to establish his guilt
should be repealed. 1t Is entirely just
to him to suppose that If he could ex-
plain he would do so.
While am speaking of laws and what
1t seems to me ought to be done de-
sire to say just word about the law
providing for the non partisan nomina-
ton and election Of Judges. / believe
it ought to be repealed.
PardonH ana Paroles.
In a pamphlet separate from this mes
reference L have reported in full all
cases of remission of fines and forfeit
lures and Of communications, revoca tons,
restOrations, suspensions and pardons
granted, with the reasons therefor.
Summarizing the report:
have referred to the Board of Parole
for Investigation and recommendation
upon the question OF granting d pardon
niue cases of life men for murder in the
first degree. In each case they reported
adversely to granting a pardon. l have
granted a pardon in one such case.
/ have granted ffty-one suspensions
"
and fifty-nine from county jails.
| have restored to citizenship from
parole So and upon the recommendation
Of the Board 224. There have been one
twenty-four remissiOns OF fines and for
FIXTURES.
The Road Law.
The road law passed by the last legls
lature has been rapidly growing in the
nf ha wi N no 10
For the first time in the history of the
State has real, permanent progress in
road repair and road making been real
lied. The outlook for the future is very
indeed, 1t may be found
necessary at this session to amend i'll
In some minor particulars to make III
more flexible and workable but only inl
such features of it as experience has
ciples and provisions of 1t have been
found to be right and the solid founda.
tons for good roads in Iowa, and ought
to remain.
There are some localities in the State
where the question of hard surfaced
roads is engaging the attention of the
people to greater degree perhaps THANH
In others. There are also places where
the cutting down of hills at an unusual
and exceptional expense. In order that
this expense may be met and the i'm
pFoVement made and in order that the |
WOTk Oh HATu-SuTIaclHB FOAuS may De |
undertaken at once 1t has been suggested
that you make provision that counties
may anticipate by majority vote their |
road revenues by issuing bonds. ! deeml
the suggestion a very good one and
recommend that you make such provi-
sion. 1t would be entirely optional With
each county, majority vote of the |
people authorizing IL. ~
In some States the law has provided
for special assessment road improved
ment districts somewhat after the anal
Ogy OF our special assessment drainage /
l believe it would be wise and
" ould encourage the building of the best
and most permanent roads Ii YOU would
authorize the establishment of special
assessment road districts, Provisionl
could and should be made for portion
Of the cost to be paid by the public, q
portion by those whose property would
be specially benefited-each property
paying in proportion to the benefits re.
into consideration the
of It's value. its location
with reference to the improved road. al I
the elements of convenience, easy access
this would be entirely optional with the
people to be included In the district
The method of establishing TO be care.
fully worked out by the law. There
IS nothing new In any of these sugges.
lions They are only in line with tbs
up.to-date spirit Of the
times that wants TO lift these States outll
1f the mud. greatly enhance the value 4
1f the lands, save enormous sums OF
money In making markets easily and
quickly accessible at all times and espe.
gised by one who has made CAREFUL
study of the question that there art
only two States in the Union besides
)ur own which do not provide for bono
ssues for the construction OF permanent
g.. H. r.f f.aar 49,. IL