Evening star., 1929-06-25

that the principal ret0Fm was btoukAs
about by those who were strangers 10
our craft.
land il beyond question the outstand-
ing reform in British legal history, and
unuuestionably the thing which has
brought about the greatest distinction
between English criminal court pro
cedure and our own. The bar generally
opposed this reform. The laymen
brought 1t about"
All honor to the '1aymen" who have
thus led the way in England 70 ie.
form of the lawyers and the courts!
The way is thus opened for the laymen
the great public sentiment OF the
co,lntry--to override the obstacles OF
self-interest of the mass of practicing
uuibbiers. and demand direct methods
Of assuring promptness ana dfeetness
In the courts.
The looseness of procedure IN jury
trials in America has no paraIeI IA
courts of any other common-law coun-
| tries. Our presiding judge has less
power to advise the jury than has the
| f,,dre of other countries; our lawyer
defending the accused criminal DOM
| mates. while ia an English court ne
occupies a relatively unimportant role
while the Judge directs the progress OF
the trial. The American Judge may De
| fully aware of the bungling OF sub
starltiai Justice" but is peweriess to cut
red tape and so advise the jury, ex-
cept that In his charge he may state
both sides of the law as applied rather
to hypothetical combinations OF facts,
which the Jury alone can determine 10
be true facts, however unskilled may De
the jurymen in analyzing evidence.
The New York Crime Commission
in 1927 reported: Restoration OF the
power of the court is probably tns mSss a,s;s
commission has to offer" Chief justice
Taft has declared that no change IN
procedure in the administrator OF
criminal law in the United states Is
SO important as restoration to judges
in State courts of the power to con-
troll the trial, and to guide the jury
properly in its determinations.
American Bar Association, pleaded IN
recent address before the Iowa Bar
Association for modification In the
rules of procedure that would permit
trial Judge to act as adviser TO the
iurv. rather than assume the rather
humiliating position OF mere nguIe.
head or colorless moderator" He SAID:
''To see that the facts are asceI-
tanned and made clear rather than SUD
merged and obscured: that the law
is honestly and fearlessly applied 10
such facts, and that no unfair ad-
vantage is taken by any party-thls:
I submit, is the supreme function OF
the presiding Judge in the institution
Of trial by jury" 80. .,.ras
But who believes that such cnange
will be brought about voluntarily by
the ouibblers of the bar? Like Othello,
they cry, MY occupations goneE
when the jury can no longer be be-
logged or pettifogged. The reform re-
mains hsre, as It did in England, in
the responsibility of public sentiment
not the hope of the lawyers OF the
class which depends on quibnles tor
its income.
The bubble system in England (now
reformed) was due to conspiracy OF
lawyers and judges to defeat statutory
severity, due to tyrants. but IN Amer
lea not tyrants but the people, througn
elected representatives, make the laws.
1t would be amusing in America, II IL
were not too subversive, to note the
complacence with which opponents OF
the liquor laws attempt to draw paral-
lels between them and the old British
severity and to justify opposition to our
laws on the ground that they are OPP
posed by the majority" and therefore
are, and ought to be. counted as
dead" AS il the vociferous law
breakers proved themselves to be the
majority, by clamor and assumption OF
superiority, when every State, except
two, overwhelmingly enacted the
eighteenth amendment, and every time
the enforcing laws have been consid-
cred in Congress they have received an
overwhelming and ever-increasing ma
iority support. The natvete of the few
in crying loudly to pretend that they
constitute q "majority"--c'es rirei
But the liquor question is only indi-
rectly involved in President Hoover's
broader problem Of respect for all law.
Associate Justice Stone of the United
States Supreme Court puts above even
the reform OF court procedure "the
spirit Of obedience to law, and zeal for
enforcement"
Significant examples Of respect for
our liquor laws are given in the an
nouncements by Sir Esnie Howard,
British Ambassador to the United
states, and the American Ambassador
to England. Gen. Charles Dawes, that
hereafter both embassies shall recognize
the spirit Of obedience to our laws" and
be dry.