The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1930-08-16
Maybe He Is Right


Maybe He Is Right
.,,, rohhers casually tour North Dakota KNOCK
.u off, , hank here and another there, the sta'e O 60
He VA ..~o.. 81 Devils Lake and hears numerous
speeches. ..,-
,.s Of, address by H. A. Bergman, rres-
-. - Tho M,>;toba Bar association and a ieaoe' ~
S~.ss;,, ,eoa, circles. His talk related to the oileiei"o'
he,y,een the American and Canadian systems % "oAA'N
istering Justice, both civil and criminal
peinc q polished gentleman, Mr.. Bergman a "us.
IL - Comment on the puerne futility OF Amei'
,ca.s efforts to deal with its CRIME "". ~
oho,t the comparative excellence OF AZ"
this resnect. Except to discuss the JUDICIAL phases "
crime. he made no suggestions regarding "e ""'~l'
However. what he did say was enough 10 give ~ 49,,
a.,.otss LAWYERS. lawmakers and citizens a great oea''
of food for thought ~
~, tho trial OF both civil and criminal cases. CANADIAN
:" Wv" onnoirted nv the dominion or federal gov
80 49,, .rd Maid by It. They hold office tor lie anu re-
To- ners;ons when they can no longer work. MAJ. 0e1s-
80, den,ore6 the fact that judicial appointments eeie.
.,,u y made as rewards for political service "Nu ~
r,;tted that the Canadian bar mas occaSloAanS N
+ered Judges whom it would give almost any"ill'e 'oee
rsd If" compared to North Dakota JUDGES CANADIAN
Judges are very well PAID. ...
xr,ere the North Dakota system OF electlhg Judges 40
r,rer,or. Mr.. Bergman was very frank to ADMIT the 'ac''
49,. :. .,.o nointed out the advantages OF the Canaolah
but ne dlSO OAAN~ O"
system. ..s.,s no
rnr one thing. he mentioned that Canadian JUDGES De-
ing amounted for life, devote all their time 10 ILL" *
and even political appointees frequently oe'o!ne eooa
,udges. They have much greater power IMAM Juosee !.
Mort, Dakota and are not Handicapped by the ecl'i0'"'
.,,es regarding evidence and procedure which encompass
,,does in our state courts. He admits that the American
e n.ro,ts greater scope for brilliant advocacy by a
awyer but hints, also. that the OanaoA"n oS'~" -"
>o,coS Justice more accurately.
outlining the modus operandi of Canada IN dealing
with criminal cases, Mr.. Bergman reciteo the iact 'ia'
there is less hocus pocus about getting a jury; taat d
trial. once over, is over and appeal is made extremely OIL
ficult: that new trials never are ordered Tor purely tech-
nical reasons and that the criminal. once sente'ceo'
serves the full term imposed on him.
And then follows an observation which our lawmakers
might well take to heart and ponder over. 1t is that III
Canada the penalties imposed for various crimes are
much lighter than the penalties imposed for the same
crimes in North Dakota and other states. WnaL
would be regarded as a light sentence here IS thought 10
be a heavy one in Canada. where a three-to-five year
prison term is regarded as unusually severe. only the
hardened criminal, whose record shows that ne mas en-
barked on a criminal career as a means OF getting q live
lihood. feels the full weight of the Canadian law. And
he gets it in full measure.
Having outlined these controlling facts, Mr.. Bergman
asked a few rhetorical questions. They were:
"1s it not more likely to create a feeling of greater
respect for the criminal law and its administration when
it is known that a guilty person. brought to trial, is rea-
sonably sure Of:
81. Being convicted.
20. OF receiving a punishment that even he must
recognize is nothing more than what is fair under all the
circumstances.
IS. OF staying convicted and actually serving the mod
crate sentence that is imposed"
Objections to heavier sentences, as outlined by Mr..
Bergman, were:
Il. The imposition of statutory safeguards of a mighty
technical and inflexible nature to guard against the pos
sibility Of an improper conviction.
q. It makes juries hesitate to convict, except IN a
copper-riveted case.
IS. It makes appellate courts hesitate to uphold con-
victions when the purely technical rights of the accused
have been infringed, and thus leads to the severe, and,
what some may regard as the excessive, punishment Of
the few and the escape Of the many"
There was more along the same line with a great deal
of pertinent information. Much of 1t was Of the same
general nature. At no time was Mr.. Bergman a legal
evangelist seeking to convert us to the Canadian system
of jurisprudence. He was merely a well-informed man
discussing the differences between the two systems.
But what he said lends further strength to the already
well-settled conviction of many citizens that what
this country needs is fewer laws and the efficient
administration Of those which really are necessary for
the protection of the common veal; that the courts were
Instituted to administer justice. not to give lawyers an
opportunity to display their brilliancy; that whether or
net a man is convicted should rest upon the facts Of the
case. not upon the skill or lack of skill Of a legal advo-
cate; that the system of imposing heavy sentences and
then not enforcing them is something of a legal mockery
At any rate there is this to be said for the Canadian
system. The banks there have money in their vaults just
as do the banks in North Dakota. But no Canadian
banks have been robbed lately.
Tackling the Home Problem
President Hoover applied his commission policy to the
solution Of one of the most vital problems d the times
in this country when he named a body of citizens to in
v~estigate the laggardness which has crept into home