Arizona republican., 1917-12-21

fendant, pending his appeal except in cases where the judge of the appellate court will certify over his signature that he be admitted to bail for the req son that the trial court committed a reversible error and pointing out where the error exists.
 This. Judge Smith contends. will give the rich and the poor man the same rights. He further recommends legislation providing that all judgments in civil cases shall become immediately effective unless after an examination of the record. the judge of the appel late court will certify that in his opin- ion the trial court committed reversible error and point out in what it con- sists. Judge Smith claims that 75 per cent of appeals taken in civil cases are solely for the purpose of delays. and that in many cases settlements 1 are reached in this manner.
 He advocates the appointment of ? public defender, whose duties will be to care for minor civil cases without charge
 Stating that he regards it vftally necessary for the welfare of the legal profession, Judge Smith recommends that an applicant for admission to the par should be compelled to have com- pieted three-year law course at d school of recognized standing or to | have studied three years and read law m a reputable law office
 The recommendations made by Judge smith will be received with interest by members of the State Bar associa ton, who have a high regard for his opinion.
 As yet Governor Campbell has not named Judge Smiths successor He stated yesterday that he had no one deIlnltely in mind for the judicial po- sition. He will return from Florence at noon today. but it is doubtful if the appointment will be made for a few days, at least
 Judge Smiths letter of resignation to the governor follows:
 Prescott, Ariz.. December 19. 1917. Hon. Thomas F. Campbell.
 Governor of Arizona.
 Phoenix, Arizona.
 Dear Sir:
 OWlng to the fact that I am leaving immediately for Y M. C. A. war work in France, am rendering my resigna : tion at this time, l desire to avail nv sell of the opportunity of expressing t1 you my hearty appreciation of th,. oillctal cooperation I have received rom you a, all times. I ;,aye serve ! as Judge of the superior court If thic state Tor six years. 1 have contem- plated often, making certain recon mendations concerning legislation for the promotion of justice but am only able to give the subject a fleeting mo- lnent now. l cannot refrain, however rom cahlng your attention to one or two matters of vital importance.
 AS our laws exist at present the re- suits accomplished in criminal proceed : ure are such that it appeared that a man charged with crime not only has ms constitutional rights but an estab- hshed rIgnt to bail, after conviction. upon appeal, thus holding the judgment ot the trial court entirely in allowance ouring the entire period Under such circumstances, 1t goes without saving tlat the penalties of the criminal law are oIten avoided by the rich and powerful, while they fall heavily upon tne poor and weak. With the means to secure pail and able counsel, the one ueiays ms punishment often for years. Wiihe 'he other under the same judg- Hieht langulshes behind prison bars.
 ouch conditions tend to throw dis eredlt upon the enforcement of the entire criminal law.
 recommend that legislation be auopted entirely doing away with the Ilght or bail after conviction of any oeIendant, pending his appeal except M cases where judge of the appellate court' a1ter an examination of the rec ora, Will certify over his signature that m his opinion the defendant should be admitted to bail for the reason that the trial court has committed revers- lnle error, and pointing out in what the reversible error consists
 In all other criminal cases judgments or the court should become effective immediately upon the rendition of the original judgment.
 So on the civil side of the court we Ind the law to be exceedingly lib- eral concerning bond on appeal. This results in throwing the heavier penalty upon the weaker party. It is frequent " the case that a powerful individual or corporation having a judgment against him in a trial court, will by a supersedeas bond secure a suspension of the judgment, and appeal to suc- ceeding appellate court, finally wearing out the other litigant and settling the case for a fraction of the original Judgment
 With successive appellate courts available, appeals often are not de- cided for several years. During all this time the party who secured relief in the trial court must prosecute his rights and have his judgment still in effective.
 Tr aonanr-