Evening star., 1927-08-25
Judicial Delays.

In the course OF an duuIeSS SeS'C'
day at the annual convention of the
Commercial Law League of America,
at Atlantic City, Charles II. Tuttle.
United States attorney for the south.
ern district of New York, contrasted
the efficiency of American commerce
with the efficiency of American gov
ernment. He said that while Ameri-
can commerce moved to the conquest
Of the world, American justice too
! often moved with leaden feet, even
within its own circuit. Citing the
Sacco -Vanzetti case as an example, he
summarized the situation in the fol-
lowing language, which should be Sc
riously taken to heart:
When over six years elapse between
| indictment and execution in a notable
murder case, the law itself is really
| the thing tried and condemned. There
| by a grave injustice is done to the
defendants, whether guilty or inno-
cent; the law loses much of it's terror
| for evildoers; organized effort to dis
credit our institutions themselves re-
suits, and sober-minded, honest citizens
are filled with anxiety as to whether
justice, which Is so slow and doubtful
Of itself, Is really justice at all. Many
| have called for reform of our criminal
| procedure, but the recent incident has
convinced public opinion that a change
| is no longer a matter of mere reform,
but of national safety. Otherwise we
are certain to allow an accumula ton
of political grievances in the bank of
discomfort upon which every species
Of seditious men may draw at pleasure.
Most of the delay in the judicial
procedure, notably in the Sacco-Van.
zetti case, is due to the liberality of
the law toward the accused. He is
given every possible facility for ap-
peal. He is granted delays for the
preparation of his applications. His
attorneys are treated with the utmost
consideration. Extensions of time are
permitted. and when appeals are de-
| MED further appeals are allowed.
When the Sacco-Vanzetti case is an
alyzed it will be found that most of
the time elapsing between indictment
and execution was consumed by the
defense rather than by the prosecu.
ton. The courts themselves are slow,
but largely because Of the grace grant
ed to the appellants. In the trials
themselves, too, there is undue pro-
traction in consequence of the dispo-
sition Of the courts to allow the de.
fense the widest latitude in examina-
ton of witnesses and the presentation
Of evidence.
Justice Is not the more sure for
being protracted in procedure, nor is
it more certain through multiplication
Of appeals, chiefly on technicalities.
Inasmuch as the defense IL always
allowed ample time for the prepara-
ton of it's case, in the obtaining and
presenting Of testimony, the plea of
new evidence" Is rarely valid. In
only the most exceptional cases is 1t
needful to reopen q criminal case to
hear additional facts Of value bearing
upon the question Of guilt or limo.
cence. Yet this plea is repeatedly
made and delays are caused in hear
ings on this point.
II the law has failed of efficiency in
America through hardness it Is be.
cause of unwarranted and actually
dangerous consideration for the ac-
cused. In the present research that
is in progress for the purpose Of short.
ening judicial proceeding the feeling
generally prevails that the reform
must come through curtailment Of the
facilities for delay which the law now
permits those who are presumably
guilty.
Out of the Sacco. .vanzetti case.
which affords so striking an example
Of dilatory justice, may come change
for the better, a change that will not
lessen the opportunity of the accused
to establish his innocence and will
prevent such scandalous spectacles as
the lapse Of years between accusation
and punishment or release.