The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1916-10-10
TECHNICALITIES

EGlEOr star. many OF our lnLClII-
gent felIow-citizens seem to arrogate
to themselves the possession of a
keener sense of justice in Judging OF
the merits of litigation than is pos
sessed by any judge, who may read
the law with care and listen to the
sworn evidence. Such people are gen.
orally quite content to found their
judgments upon partisan assertions,
not made under oath, and they usually
arrive at a very satisfactory concius-
ion long before any actual evidence Is
taken; for the very obvious reason
that the party to the suit who fears
for the merits Of his case has every
incentive to becloud the issues by
false assertions, and to impugn the
honor of the Judge who must give
judgment. Using the term sTechni-
caIities" with the generally accepted
meaning, we are all agreed that it
speaks well for the honor of any man
to manifest desire to waive all tech
nicalities that may be in his favor In
the adjustment of differences, but
frequently technicalities are strongly
interviewer with merit; nor is it for US
to suppose that the judges and the
juries are any less anxious to do jus
tice than we are. 1t is we'll for every
man to hope to do his neighbor JUS
tice; it is better for him really to be-
lieve that he can do his neighbor JUS
tice, but If such belief ripens into a
delusion it is apt to sweep him to dan
gerous lengths. Beware of espousing
the cause of any man who not only
fears one judge but who condemns all
judges, and who calls upon you in
advance of proper inquiry to PREJUDICE
in his favor.
While this warning may apply to
Mr.. Cats, it is not an invention of
mine brought forward to get votes
for Mr.. Knott, but it announces a
very ancient and very safe rule that
it would be well to follow in any civ
ilized country in the world that holds
rank in honor and intelligence above
that Of the Turks.
But it is said that the courts are
controlled by technicalities. To this
| + reply: So was Martin Luther in in
augurating his fight on Catholicism,
and in bringing on the great Reforma-
ton, which is responsible for the re-
lligious faith of Mr.. Cats as well as
| that of the most of US. Our chances
to escape the pains of hell rest on a
technicality.
But for the very fine spun techni-
IcaIities of Luther there would prob
ably be no Baptists, no Methodists, no
Episcopalians, and in short, no Prot
estants to protest"
In the present status of affairs Mr..
Cats resembles Martin Luther in two
respects: He is against the pope, and
he is resting his case on technicality.
As do not enjoy the acquaintance
| of Mr.. Cats, I will be excused if j
fon1it to mention any other resemblance
which he may bear to that great re-
formed. But they both rest their
leases on technicalities, and only tech
nicaIities in the case of Mr.. Cats.
Technicality number one: Mr.. Cats
has or did have certificate of nomi-
nation, while he and his attorneys adj
nit that since the date of the GER
ltificate some errors have been discoy-
Tered.
Technically number two: Mr.. Cats
and Mr.. Knott both claim to be nomi.
mated by about 10000 votes out of a
total of about 10000; a most glaring
technicality, when, in country where
the majority is supposed to rule, any
man is found to assert his election OF
domination by one-third of the votes.
But they both rest their claims or
i the technicalities of the Bryan pri-
mary law, for no man can convince an
American citizen that a minority car
Iof right select for the majority.
1t is obvious therefore. that some
Iof Mr.. Cats friends would now ane
forever deny all courts the right te
lenforce any technical rule in investi.
lgating the technical claims of Mr.
Cats in opposition to the technica,
claims of Mr.. Knott.
All tyrants have in all ages despis.
ed technicalities, and while they arr
sometimes overWorked, their main of
flee is to aid in the accomplishment OF
justice, and they are generally the
potential bulWarks Of individual
rights In every free country.
The judges are sworn to uphold tht
law that our representatives make
and Il any of you will but read /
volume of the Florida statutes, it vii
| be seen that ninety per cent of the Law
lis purely technical, that is, it does no
relate to abstract or moral rights.
| The same laws that fix your right.
lrestrain and frequently hamper tht
judges in the administration of JUS
tice.
am with you for justice and fol
simpler laws, but remember that bu1
/ for the technicality employed by thu
Iartful Portia, Shylock would have GU
| from Antonio's bosom the pound o.
flesh as nominated and called for il
the bond. William Hooker.