The border vidette., 1928-01-21
Q TEMPoRA. 0 MoRes, o PsHAw

1t has been approximately four
years since the country was ap.
priced of the scandalous attempt
of Harry Sinclair and A. B. Fall,
then secretary of the interior, to
rob the navy department of the
supposedly rich Teapot Dome
oil fields.
Yet neither Mr.. Fall nor Mr..
Sinclair have as yet seen the in
side of penitentiary, and the
entire judicial machinery of the
United States has been set at
naught by Vaccinations either
within or without the judiciary.
Despite the fact that the I'm.
tied States supreme court, held,
in restoring the oil reserve to-
the government, that gross fraud
was perpetrated on the United
States by it's then secretary of
the interior and his associates,
the criminal branch of the, Judi
ciary, apparently has been un-
able to function.
Now the wires carry the news
that the trial set tor January 26
will be postponed, for two re-
asons, first, that the contempt
trial of Sinclair and Burns will
be unfinished, and, second, be-,
cause the defendant Fall is i'll.
If memory serves right the de-.
fendant Fall was too i'll in his
Washington hotel to attend his
trial with Doheny until doctors
employed by the court made
their examination.
It seems q paradox that the
cause of the former mistrial of
Sinclair and Fall should operate
to their advantage in securing
another delay, yet, seemingly,
that is what is happening. The
court pparently was we'll enough
informed during the first trial of
the activities of the defendants
with the jury. to call mistrial,
yet it has been devoting weeks
to hearing testimony bearing
upon the action of Sinclair and
Burns in impeding the cause of
justice. t's.
Inasmuch as actual contempt
must have been committed to
justify the declaration of q mis-
trial, ID appears to be establish
ing a new precedent to accord a
trial to anyone guilty of actual
contempt.
O, the times and customs are
creating situation that Is rap.
idly bringing the whole criminal
Jurisprudence under contempt,
as being unable to cope with
modern conditions, and yet the
trouble can be located absolute.
|ly in the hands of the courts. !,
Our laws aud criminal procedure
are patterned after the British,
yet a search of the British pro.
cedure for 400 years will fail to
divulge such an unconscionable
delay as has occurred in the oil
cases.
The people who are clamoring
for more Jaws to insure speedy
and exact justice should inform
themselves that sufficient laws
are on the statute books to guar
antea exactly what they are
striving for providing a judiciary
is secured that is responsive to
the modern demand. i
Under q new California statute
the court may empanel a jury of
intelligent men and women to
try Hickman, unhampered by
the dilatory tactics OF lawyers.
Except where otherwise provid-
ed the courts of any state in the
union may do likewise, and yet
the spectacle is constantly pre-
sented of weeks wearing away
as the attorneys block the i'm.
panelling of intelligent jurors,
and the courts sit supinely by,
refusing to exercise their com.
mon law right of impanelling g.
jury of II good men and women.
The federal courts. being ap.
pointive and not elective. are
not as responsive to the peoples
will as are the state courts, yet
their prompt functioning in
criminal cases, especially of the
Fall-Sinclair type, represents.
one of the greatest governm mental
needs of the day.-Douglas Dis
patch.