Evening star., 1928-06-10
BY ]. A. SPENDER.


TT is often said that British and
Americans derive their ideas of law
and liberty from a common source.
i That undoubtedly is true, but it Is
not true that considerable part of
the American Constitution is an inher-
tied reaction from British eighteenth
century institutions.
The fathers of the American Com
monwealth believed the British Parlia-
ment to be an instrument of tyranny in
the hands Of the king and his friends.
They saw innumerable officeholders
firmly intrenched against the popular
will and riding roughshod over 1t at
the dictation of the few highly placed
persons. To insure the reign of law by
a Supreme Court; to substitute an elec-
tive President for a hereditary mon
arch. to make him responsible for ad-
ministration and TO keep Parliament
within its bounds as legislative assem-
bly,, and TO render all off1ceholders liable
to election and dismissal at the hands
of the electors seemed to them the way
of liberty and democracy. They we're
thinking III terms of small community
in which most men we're known to their
neighbors, and they did not foresee that
the elective method applied to an i'm
mense country would place upon poll
ticians and political parties burden
which Is extremely difficult for them to
carry, and which would lead inevitably
to what In modern times Is called the
spells system.
For Permanent Officials.
There are many American practices
which an Englishman would like to see
imported into his own country, but this
Is certainly not one of them. He IS
under no illusion about the superiority
of British over American human nature;
he is simply thankful that his system
of permanent officials removes politi-
clans from temptation TO which, II
they were exposed to 1t, Englishmen
would be no more proof than Americans.
And especially is he thankful that his
judicial system is as far as possible re-
moved from politics, and that his
judges, public prosecutors, chief con-
stables and commissioners of police all
hold permanent appointments subject
to good behavior.
II an Englishman seems to be COM
placent on this subject, 1t Is largely
that Americans make him so by their
almost universal admission that his sys-
tem makes for better and speedier JUS
tice. II is explained to him that the
same results cannot be expected from
judges who are poorly paid and liable
TO the hazards of electioneering as from
the highly paid permanent occupants OF
the British bench, and that state at
torneys and police officials who owe
their positions TO political parties cam
not be expected to act with the same
promptitude and disregard of conse-
quences as the corresponding officials
fTN DVst tafs tu FNr.fTz tai 1Vft az
in the Supreme Court and a few other
exceptional cases in which judges are
appointed In the British way they enjoy
the same respect and have the same
authority as the most eminent Of their
British confreres.
Laws Delays Complained OF.
There Is no complaint which is more
often conflded to the traveller i'll Amer
lea than that of the laws delays and
injuStices. Again and again have had
1t poured into my ears by casual ac-
nC1intances on trains or In hotels, and
there Is no subject. except possibly pro-
hibition. to which conversation more
certainly recurs. The complaints cover
the whole ground. II Is said that clever
lawyers constantly defeat or delay JUS
tice: that rich men who can afford to
employ them have far better chances
than poor men who cannot: that judges
have no power to sweep aside techni-
calities or prevent counsel from befog-
ging juries; that the power of clemency
vested in State governors is misused
through weakness or favoritism.
Talking to group of men on West
bound train. I at last understood the
American irritation at European COM
ments on the Sacco and Vanzetd case.
I said that what had most struck Eng
lish people about this case was the
seeming callouSness OF executing the two
men after six years, to which they re-
piled IN chorus that II I we're an Amer
ican should see II In totally different
light. should see the absolute neces-
sity of making 1t clear to criminals that
however long they might succeed In
lodging justice they would not In the
end escape. After the impartial review
of the evidence by men like President
Lowell. no one coull have any reaSon-
able doubt that these men were guilty.
and II guilty then the fact that they had
escaped for six years with the aid Of
misguided and sentimental people could
not be allowed to weigh in their favor.
On this point I might take II that
American opinion was unanimous, a.. |
In the present state of criminal Justice
sentimentality of the kind I seemed TO
favor would be fatal.
Part Newspapers Play.
We went on to discuss the part played
by newspapers In criminal trials. and
suggested the ad0DtiOn of the English