The sun. [volume] (New York [N.Y.]) 1833-1916, 1916-06-30
HOW TO RIGHT A WRONG.
Suggestion Of a Court In which limo
cent Sufferers May Find Redress.

To THE EDITOR or THE SuN-Sir. The
man who finds a solution to the problem
stated by David a. Curtis in THE SUN
of June rs will point the way to a
reform that Is sadly needed. 1t is too
much to hope that the reform will be
made for a long time to come, because
the legal profession and the courts are
almost hopelessly enslaved by the
superstition Of precedent. Because a
thing has never been done Is held by
lawyers to be an excellent reason for
never doing IL, Therefore the innocent
Will continue to suffer the wrongs
wrought by Justice" as you aptly
phrase 1t. until the conscience OF the
public shall be awakened, and that will
be only when public attention is thor
oughly reused by such a discussion as
Mr.. Curtis invites.
Cndeniably there Is great suffering
caused by the Inevitable mistakes of
legal procedure. Men have been i'm
prisoned and even hanged, from time
i~mmemorial. who were Innocent Of the
offence charged. lie who is suspected
days time, or II may be the loss Of his
life. Whether his loss be little or
great. he has. under present conditions,
no redress.
Is. he has practically none.
There is a possibility that he
might. IL his case were glaring enough.
call the attention OF the State to II in
such a way as TO suggest that the
Legislature should make him an appro-
priation. And there is a further and
still more remote possibility that after
many years. II he be persistent enough.
and influential enough. he may secure
such an appropriation. But not one
lawyer In 1--WE hundred could tell him
how to go about Il. and no lawyer with
common sense and a conscience would
advise him 10 try. even supposing he
had the means. fhe state is unQues-
tionably his debtor. out he cannot col-
lecS the debt.
Now this Is a Aat contradiction OF
the legal maxim. There is no wrong
without a remedy II Is a fat ~negation
OF the first principles Of Justice. Law
yers ADM, mat, II YOU pin them to the
point, out they believe and some OF
them say there is no solution possible.
IL you ask them why you cannot col
iect what Is owing you. they say. You
cannot sue the state" And they say
II with a sort of ave as IL the State
were something holy aad free Of all re-
sponsibiiity.
| submit that there IN a solution. II
should be possible 20 sue tn. State. or
better yet. the State should sue itself
in any and ali such cases as are unde-
confederation The name OF those cases
Is legion. Homes are wrecked. careers
are blighted. injuries are inflicted, not
by scores. but by thousands. az A re-
suit OF the errors in the administration
OF the laws. errors ranging from mis-
taken arrest 10 wrongful conviction
Whether there bc one or a million such
cases, the State owes rcparation.
There SHOULD he a court established
IN which the case OF every man whose
innocence appears after he has beer
made 10 suffer should ~. considered
anew. And the machinery Of this cour,
should diner frs'n that Of other courts
IN that II should move spontaneously
No other court will move in any matter
unless II he appealed to Tor action or
decision, but this one should no, wait
TO be appealed 70.
In other words, n should take cog
nizance OF all such cases. Investigate
them. assess damages against the state
when abstract Justice demands such re.
dress. and by publicly proclaiminc tn.
Facts az discovered and recorded. vindi.
cate the Innocent sufferer from tn
Stigma fixed upon him by any mistake
Tor which he WAS not responsible.
The details Of this plan may present
difficulties To- thos. who are bound u,
precedent. but they can he worked out
by some Intelligent Legislator who resll,
desires to benefit mankind and wipe gu,
a stain on civilization.
a STUDENT or Law.
NEW YORK. June 80.