The Conservative *
for plaintiff or defendant. Upon the
other hand , they are quite frequently a
series of legal propositions , one having
its bearing upon another ; andwhen [ this
is so , it is not only necessary that the
whole series , but also that each separate
instruction , in its relationship to another ,
and to the whole , should be clearly
comprehended.
Judge Less Susceptible to Prejudice Than
the Jury.
If the jurors need the guidance of the
disciplined mind of an impartial judge ,
in the matter of weighing the testimony ,
in order to extract the truth fronrtt ,
and also in the application of the law ,
relating to the "case , to their finding of
the facts , their incompetence for the
duties required of them , can hardly be
denied. Under the jury system , where
the charge by the presiding judge is
recognized as essential to the proper
performance of the functions of the
jurors , it must be regarded as an
anomaly , in the very constitution of
things , that the judge shall be consid
ered incompetent , or ] unfit to reach a
decision upon the facts , and yet shall be
recognized as fully competent to deal
with all the more difficult matters essen
tial to the reaching of that decision ;
capable of acting as guidelto the jurors ,
through all the numerous obstacles and
intricacies that "attend their duties ;
competent to point out to them how to
arrive at'a correct conclusion , yet , in
competent , even , to express his own
opinion , " much less to give a verdict.
Thejjudge , as a result of his vocation ,
and of the experience he obtains upon
the bench , as well as by reason of his
previous training , and that habit of
mind which the exercise of judicial
functions begets , is less susceptible to
improper appeals , to either prejudice or
sympathy , and is more alert to hinder
the introduction in argument of extran
eous matters , than a jury is likely to be.
The unnecessary employment of
juries to try cases , which could be
better , and more rapidly disposed of , by
a single ] judge , or by two or three
judges , is one of the chief causes of the
delay and expense of legal proceedings.
A part of the few , .and'precious hours ,
during which the court sits , is consum
ed in calling the jury , in hearing
various excuses for unwillingness to
serve as jurors , in disposing of challen
ges , and , at last , in swearing the jury ,
but a far greater waste of time takes
place , in trying to make a case of any
difficulty , intelligible to men of little
education , such as are usually found as
jurors , and in the efforts of learned
counsel to delude themto [ work upon
their prejudices , to enlist their smypa-
thies , and so win their verdict. After
'the counsel on both sides have finished ,
the judge is required to go over the
ground again , carefully , partly to undo
what the lawyers have done , and partly
< .
s
to make sure that the jurors understand
the law and the evidence. The effect
of all this repitiou is that innumerable
cases occur , which a judge could decide
in a few hours , but which , when tried
by a jury , occupy several days.
LAWRENCE IUWELL.
Buffalo , N. Y.
JAPANESE RAILROADS.
T. Nagura , of Tokio , the traffic audi
tor of the government rail ways in Japan ,
who has been examining the railroads of
this country , is in Philadelphia. "I am
afraid , " he says , according to the Phila
delphia Press , "that my country has a
hard road to travel before she can even
approach American ideas of comfort
and speed in railway travel. I might
add , also , that the same thing is true of
other countries I have visited since I
began my travels. We began wrong in
Japan. "We built the first road with the
narrow , three-foot , six-inch , gauge , and
we kept on building roads to suit that
measure. It is too expensive a matter
now for us to change to the standard
guage , though I suppose we must make
up our minds to it some day. But we
must order all our locomotives and
equipment made narrow gauge , and it
costs us more. Japan orders almost all
her railway machinery now from the
United States. The orders to Baldwin's
and other firms increase each year. We
build very few engines in Japan. Labor
is cheap there , but we have very little
raw material. "
MEXICO UNDER DIAZ.
Who Can Take the Place of this Repub
lican -Despot ?
Exceedingly interesting , at this time ,
is the story of what President Diaz has
done for Mexico , in the May World's
Work. The change from the man-on-
horse-back , to the prince of peace , the
great development of the country under
his rule , the personal attributes of the
man are all portrayed by J. D. Whelp-
ley , who goes on to speculate as to
President Diaz's successor and the
probable result of his death to Mexico.
He gives these startling statistics of
President Diaz's administration :
Twenty-four years of peace for a
nation of 14,000,000 people , who had
been at war with others , and among
themselves for half a centuiy ; compul
sory education ; religioiis freedom ;
safety for foreign and domestic life and
property ; the creation of a middle class ;
a modern army of 88,000 trained sol
diers , armed with Mauser rifles and offi
cered by graduates of a modern military
school ; representation for Mexico at the
capitals of all foreign nations of import
ance ; an increase from 420 to 8,000
miles of railroad ; an increase from
$85,000,000 to $78,000,000 in the output
of precious metals ; an increase from
$20,000,000 to $51,000,000 in imports ; an
increase from $23,000,000 to $75,000,000
in exports ; the investment of $80,000,000
of foreign capital in cotton mills , and
millions more in breweries , paper mills ,
and many other forms of enterprise ; a
general increase of wages paid for com
mon labor , from eighteen to sixty cents
a day ; a government , the expenses of
which are always within its income ,
and which has an accumulated sxirplus
in bank of $18,000,000 in currency ; a
capital city with 400,000 inhabitants , in
which is now being spent about $10,000-
000 for water , light , sewers and pave
ments.
fire you
Going to
Buffalo ?
CIK
Pan American
Exposition
You ought to go with all the
necessary information regarding :
expenses ,
fiotcls ,
Rates ,
Railroads.
Special attention and rates given
to groups who intend visiting the
Exposition in a body.
All this information may be had
free , by applying to
E. T. HEAD ,
CARE GENERAL AGENT
NICKEL PLATE RAILROAD ,
Buffalo , - leu ) york.
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