Show THE RIGHT OF APPEAL In the public discontent at the often apparent breakdown of our Judicial system sys-tem through the clogging of its own machinery we often hear the excuse made for lynch law But firSt of all that Is no excuse second It Is not fact for as all are aware lynchings are fewest few-est In those l places where the Judicial system is most fully developed that Is where the delays have become most pronounced pro-nounced and Inevitable under the court practice But that those delays constitute I stitute a very serious and often grievous affliction to all concerned and to the community at large all admit and many sugScstlol1s hove been made for remedy That t much of the delay could be prevented by the courts Is beyond question but Judges shrink from Inking In-king peremptory steps which would anger an-ger the bar Among the suggestions for relief none has received as much < attention as one made by Justice David J Brewer of the United States Supieme Court to abolish abol-ish the right of appeal He argues that this right IH not an absolute right neither a constitutional right nor a natural right and In an article in The Independent proves that this Is so What Is called the right of appeal Is simply a statutory privilege one which the State may give and which It may take away It Is one which if given every Individual may Justly call It a right and Insist upon It If not given giv-en then no such right exists As to the natural right the learned Justice most pithily says It is true that incase in-case of u supposed crime the Stale owes to the public and the accused the duly 5f < providing one Impartial and competent compe-tent tribunal to determine the question of alleged guilt as also to every Individual Individ-ual who insists that some right of his has been denied a like tribunni to protect pro-tect or enforce such right But upon what principle of natural justice can it bc saltl that the State also owes in these cases the duty of piovldlng a second sec-ond tribunal to Inquire whether the first has onWl If 1 If 1 I dnou nr > m OHK n duty why may it not also bc contended I that it owes the further one of providing a third tribunal to inquire whether the second did not make a mistake And where Is the limit I But shall there thus be no appeals This by no means follows As the Justice Jus-tice himself says as to this point But it may be said what is the use of appellate ap-pellate courts would not my suggestion do away with all necessity or expense for such courts Parties who make that argument misunderstand my position I believe in granting full power to appellate appel-late courts to review judgments of trial courts but what 1 object to Is the right of the party defeated In the one court to compel such review In the other 1 have no doubt there me case that require re-quire review but whether there be a review with the consequent delay should be determined by the appellate court in the exercise of a sound dis etion l upon fixed rules and not upon I me WIlL OL the ueaten party And he argues that nil the things necessary to enable the appellate court to determine whether the appeal should be allowed should be put Into the record whether brought out In the trial or not as for instance if a witness were asked what some one said and the question should he ruled out nevertheless the answer should be put Into the record but not go to the Jury for it might be that tho an swcr was oC no possible consequence But would not this in effect be an appeal ap-peal in itself this application which might be counted as sure to be made for an order to allow an appeal If so would it not act merely as a step in yet further delay as interposing a trial ap I Peal between the court of first trial and I the appellate court and so Invite yet further delays by the very step proposed pro-posed to prevent delays This matter Is of very high Importance Import-ance in Utah where we have from time to time seen delays that seemed out of ill reason But with us the right of ap peal is not merely a statutory privl I loge as Justice Brewer expresses it It is a Constitutional right So that deep ns tho judicial systems of other States arc In this mire ours is yet deeper deep-er And whereas there might be a hope that In other States a Legislature might he found to put this matter on tho basis which Justice Brewer contends for there could bc no hope that Utah would make such a change and our case will undoubtedly get worse instead of better |