Page:The Green Bag (1889–1914), Volume 08.pdf/230

 The Supreme Court of Mexico.

205

United States, to say nothing of the una cases on appeal, are submitted in writing or nimity of a verdict of guilty in such cases, by printed argument. which is still required in most of our States, In the courts of last resort an oral argu and the proneness of appellate courts to ment is an exception, and is only allowed show their superior astuteness by picking upon motion to that effect granted. This, I some minute flaw in every appeal in a capital believe, is true of the Supreme Court of case coming up for review, has satisfied the Ohio and a few others in this country. public in this country that there is very As in all countries where the civil law little protection from murderers to be found prevails, the courts decide cases by finding in our courts. Con the facts and stating sequently, in the the legal result aris United States the ing therefrom with number of murders out giving reasons. last year was ten In short, no opinions, thousand five hun in our sense of the dred, being seven word, are filed, and times as many as in there are no prece 1885, an abnormal dents. Whatever growth for eleven may be said in favor years. And of this of our system, the ten thousand five civil law system has hundred, only one three distinctive ad hundred and two vantages, and there were executed by law, may be others, j. If less than one in one an error is made in a hundred, while case, it cannot be double that number quoted as an authori were hung by Judge ty for the repetition Lynch. In Mexico, and reproduction of with its twelve mill the same error by ions of people, less that Court or any than five hundred other. 2. There are PRUDENCIANO JlORANTES. murders were com no groaning shelves mitted last year. filled with lengthen The civil law is substantially the same ing lines of reports, wasting alike the time that prevails over a large part of Europe — and the pocketbooks of the legal pro the Code Napoleon. All evidence is taken fession. 3. Instead of wasting researches down in writing, and there being no jury, to ascertain the number oftimes judges the cause is argued before a bench usually (whose capacity, impartiality and training of three judges, who find the facts and the are usually unknown and necessarily in law, and from whom an appeal lies to another capable of being weighed) have expressed bench in the appellate court, who review views on one side or the other, the legal mind is permitted to expand by arguing the findings on both the facts and the law. Argument (except in criminal cases, each case as it arises, upon the merits and before a jury, which is of course oral) may "the reason of the thing"— not upon its be oral or in writing, but most usually the fancied resemblance, more or less accurate, argument in civil cases, and in criminal to other cases which may have been rightly