The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-02-24
Editorial Comment
Justice Lame as Well as Blind
New York Timesl


How many remember who Albert B. Fall was or
is? He figures in the days news as one whose
indictment for conspiracy has just been upheld as
valid by the Supreme Court Of the District of Col.
umba. Little by little, it may to readers
that he Secretary Of the Interior. With
bit more OF painful effort they may recall that he
refused to testify before the Senate committee on
the ground that to do might ncriminate him.
Then the Government employed able counsel to
prosecute him. They got him indicted for con-
spracy to defraud the Government. But that was
two years ago. What has become of the case since
Well, it has been knocking around the courts First
the original indictment was quashed. Then it was
sustained appeal. Meanwhile a new Indictment
had been found Motions to quash it in turn were
duly made For the present they have failed. But
nobody knows what will happen on appeal. And
even if there is trial and conviction, it may be
years before the Supreme Court Of the United
States gives final decision. BY that time, every
body will have forgotten who Fall was and with
what crime he was charged.
Unless concrete instances like this are rubbed in
Americans will not be walked up to the disgraces of
criminal procedure in this country. Nor will its
reform be attained unless the people are made to
see how intoerable is the system. Here is a case
where the facts notorious. All the power of
the Government put behind the prosecution.
Competent and hard working special counsel were
retained. Yet two years have passed, and where
are we? Merely at the beginning of the prolonged
legal game Of hide and-seek which the intricaces
of judicial process have made in the prosecution of
rich criminals in the United States too often ap-
pear to be.
So fragrant scandal of limpng justice ought
to serve as fresh stimulus to lawyers, bar assoc-
ations, law reformers, Legislatures and Congress,
all to unite to bring about some Improvement. The
evils have been stated thousand times. Effective
remedies have been urged. But little or nothing
has been done. Whenever the people get chance
at the legal jungle, as they did last year in this
state in connection with of the Constitutional
amendments to prevent the abuses of appeal to
higher courts they show their desire to cut high
ways through it. They have nc thought of denying
every legal recourse to the innocent but they are
growingly impatient of the endless techncalities
which prevent the guilty from being brought to
speedy justice.
There is no doubt that they would be glad to see
judges display greater energy and promptitude.
English judges have habit Of pronouncng judg-
ment in open court Immediately on the conclusion
OF the argument before them. Shall we confess that
this implies a higher degree of judicial competence
than we can command? Or must we admit that our
criminal procedure has become such maze that our
judges do net trust themselves to- find their way
in it until after they have taken weeks and months
10 thread every misleading trail in it? Either
way, the case for thorcughgong reform is strdng.
How long have we got to wait for it After how
many years may We expect to aee man like, Mr..
Fall brought to justice? Let the American bar,
let the State n gslature let tho Congress Of the
United StateaA q aH,er