Salt Lake Telegram | 1934-02-17 | Page 4 | The Judicial Mind

THE JUDICIAL MIND 1 MINDA A FEW days ago two men with definitely determined past records for evildoing court and sentenced were ere convicted in iu police to o serve thirty days in jail each for or a brutal assault upon a peaceable and reputable citizen Thereafter it seems the jailbirds brought to o the attention of the court that the they had Imd n a chance hance to go to work The court ordered the themen themen themen men released after having haying served five days of their sentences I The jailer honored the thc courts court's order The ruffians are now at large and so far as may be determined no one knows whether er they went to work or if they did if they continued d at the jobs or if JU Judge Be Harrington was made the victim of a ruse The case is important in principle In the first place the court expressly acted without warrant of law Modification of sentence in such cases is not a prerogative of the court but of the mayor and city commission which is authorized by Sec 15 of the laws of Utah to remit fines or release s convicted con con- Dieted of violations of cit city ordinances Any nY appeal of the case after aLter having been once di disposed dis di posed of b by the he city judge would have to be betaken betaken betaken taken to a higher court and any application for cl clemency mency would havo have to be taken before the city commission The fhe law definitely was wasso BO so written to protect society from an abuse of power Both i its letter lette and spirit have aye been disregarded in ip this case If courts generally made a practice of bf selling sel sei- ting ling the law aside a wide and lucrative field would be he opened up to shyster lawyers and fixers who are not prone to overlook any opportunity op to circumvent the law It would open up the field too for those who seem scent to acquire influence and who can ean soften official hearts hearth regardless of public interest In view of the pressing need and wide wide- i pread read demand for law aw observance it is not too mu much h to ask that the courts themselves stay within the law lav and thus wield an inS In- In nce ence calculated to bring about respect for the law v aw and the courts In this particular case it i is not of record that any official has moved to inform the theiler j jailer iler that he was not lawfully bound pound to honor an n unlawful order of the court nor has anyone anyone any any- one ne moved to recapture the convicted lawbreakers lawbreakers law law- breakers br akers and imprison them to serve the remainder remainder re re- re- re of their sentences which were lawfully lawful lawf ly imposed and which are arc still in ill effect inasmuch inasmuch inasmuch inas inas- much as the power to nullify them docs does not rest in the court imposed them A A. showdown on this case case would establish a needed precedent