Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1915-01-14

Court may be that the Judgment on the
whole case was right, yet prejudice is
presumed because OF the error. the case
| Is reversed and back 1t goes for a re-
| trial. 1t 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 conyic-
| ton that the verdict was right, 1t goes
| back to take the chance OF some other
error beng committed and another jury
bringing in verdict that is wrong.
| While courts are fallible and very liable
| to err the jury is practically infallible,
their verdict almost unimpeachable and
establishes the fate of the litigants as
firmly and immovable as the rocks OF
Aside from chancery cases the SUI
preme Court Is court for correction
sumed to be prejudicial. the astute
lawyer often makes every effort to get
error into the record" If he can sue
coed and the result of the trial Is not
presumption In his favor. The error is
presumed to be prejudicial to his client.
1t may be. but IL ought not to be con-
ciusively presumed So The contest in
the appellate court centers around the
question as to whether or not there was
error and the substantial rights OF the
parties may not be involved at ali.
When you get at the bottom fact about
the matter the rule under consideration
does not require of the trial court JUS
tice but infallibility. This whole thing
appears to me to be wrong. II the
court on the whole case is satisfied that
the judgment Is just. the one that ought
to have been rendered. they ought TO
let IL alone Notwithstanding the error,
and litigation should end. Matters of
practice ought not to be exalted above
matters of substance" This course we
pursue inevitably results in inefficiency
OF legal administration. 1t brings about
disregard OF law and contempt for IL
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 1t has enacted a law pro-
viding 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 II shall appear on
the whole case that the error complained
or has seriously affected the substantial
rights of the parties.
The time sometimes taken for the
selection of a jury Is cause of delay,
useless expense. absurd farcical. The
grounds of challenge for cause are given
by statute. A few questions in a few
minutes are sufficient to determine a
should be given authority to control
and limit the examination, or, better
still, he should have the authority to
examine and pass upon the qualifications
of Jurors for the trial of the cause.
i again repeat what I 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 a cause through the courts
interminable.
The law forbidding counsel to COM
ment on the fact that the defendant in
a criminal case declines to become
explanation as he can of the facts pro-
duced tending to establish his guilt
should be repealed. It Is entirely Just
to him to suppose that IL he could ex-
While am speaking of laws and what
1t seems to me ought to be done de-
sire to say just word about the law
enacted by the last General Assembly
providing for the non-partisan nomina-
ton and election of Judges. l believe
1t ought to be repealed.
Pardons ana Paroles.
In a pamphlet separate from this mes
sage which ! make part hereof by
reference 1 have reported In full all
cases of remission of fines and forfeit
lures and of combinations, revocations.
granted, with the reasons therefor.
Summarizing the report:
l have referred to the Board of Parole
for investigation and recommendation
upon the question of granting a pardon
nine cases of life men for murder In the
first degree. In each case they reported
adversely to granting pardon. l have
granted a pardon in one such case.
upon the Recommendation of the Board
and fifty-nine from county jails.
l have restored to citizenship from
parole SO and upon the Recommendation
OF the Board 224 There have been one
revocation, forty-nine combinations and
twenty-four remissions of fines and for
FIXTURES.
The Eosd Law.
The road law passed by the last legis
lature has been rapidly growing in the
favor of the people within the last year.
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
encouraging, indeed. 1t may be found
necessary at this session to amend IL
In some minor particulars to make II
more flexible and workable but only in
such features of II as experience has
proved necessary. The essential prin-
ciples and provisions OF II have been
found to be right and the solid founda-
tions 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 a greater degree perhaps than
in others. There are also places where
the Improvement of the roads involves
the cutting down of hills at an unusual
and exceptional expense In order that
this expense may be met and the i'm
provement made and in order that the
work of hard-surfacing roads may be
undertaken at once Ii has been suggested
that you make provision that counties
may anticipate by a majority vote their
road revenues by issuing bonds. 1 deem
the suggestion very good one and
recommend that you make such provi-
sion. lit would be entirely optional with
each county-a majority vote of the
people authorizing II.
In some States the law has provided
for special assessment road improve
ment districts somewhat after the anal
ogy of our special assessment drainage
districts. I believe II would be wise and
would encourage the building or the best
and most permanent roads IL you would
authorize the establishment OF special
assessment road districts. Provision
tcould and should be made for portion
OF the cost to be paid by the public, a
portion by those whose property would
be specially benefted-each property
paying in proportion to the benefits re-
,ceived-taking into consideration the
with reference to the Improved road, all
the elements of convenience. easy access
to markets and such like; Here again
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-
tons. They are only in line with the
times that wants to lift these States out
OF the mud. greatly enhance the value
of the lands, save enormous sums Of
money in making markets easily and
quickly accessible at all times and espe-
cially when prices are best. l am adj
vised by one who has made careful
study OF the question that there are
only two States In the Union besides
our own which do not provide for bond
issues for the construction OF permanent
roads. Such portions Of our State as
cheerfully and enthusiastically avail
themselves OF the provisions of our,road
laws will rapidly forge ahead In wealth
and community development. The last
two years has already made this ap-
parent. The next few years win make