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 The Doctrine of Harmless Error

29

'5 technicality run mad and gone to seed.

granted, by any court of the United

We decline to be bound by, or to follow, a line of authorities so repugnant to reason, so demoralizing to respect for law, and so destructive to justice. The

the ground of misdirection of the jury or the improper admission or rejection

habit of reversing cases upon techni calities is a very convenient one for

States, in any case, civil or criminal, on

of evidence, or for error as to any matter of pleading or procedure, unless in the opinion of the court to which applica

appellate courts, for by so doing they

tion is made, after an examination of

can escape much hard labor and all responsibility for their decisions, for a

the entire case, it shall aﬂirmatively appear that the error complained of has

violation of some technical rule can be found in almost every closely contested

resulted in a miscarriage of justice. 1 U. S. Comp. St. p. 715. No writ of error shall be issued in any criminal case

case. "We believe that appellate courts should faithfully and fearlessly do their duty. and decide every question pre sented with reference to the substantial

unless a justice of the Supreme Court shall certify that there is probable cause to believe that the defendant was unjustly convicted. 1 U. S. Comp. St.

merits of the case in which it arises. In this way only can justice be ad

p. 575.’

See Green Bag, October, 1908,

p. 525.

The same recommendation was

ministered.

Ignoring justice and de

ciding cases upon technicalities has not only largely lost to the courts the con

ﬁdence and respect of the people, but it has also greatly alarmed the profession of law itself. "No one can say that the members of the American Bar Association are sen sationalists, or are wanting in learning or ability. It is eminently a conservative body. Yet we ﬁnd them crying out

adopted by the New York State Bar Association at Buﬁalo, on January 28 and 29, 1909. February, 1909.

See

Green

Bag for

“While the above resolutions are in stronger language than our statute upon

the same subject, yet they are protests against the same evil, breathe the same spirit and tend in the same direction.

While we do not recognize the action of the American Bar Association and of

against and proposing a remedy for this

the

evil. At its last meeting at Seattle, “'ash, it recommended to Congress the

authority, yet we are pleased to know that views which this court has re

New York

Bar Association as

following amendment to the Revised Statutes of the United States: ‘No

peatedly expressed in written opinions have found such impartial, able, and

judgment shall be set aside, or new trial

conservative indorsements. ”

Reviews of Books MARTIN'S LAW OF LABOR UNIONS A Treatise on the Law of Labor Unions; Con

Liining a Consideration of the Law Relating to Trade Disputes in All its Phases, Internal Ad -' “on f Unions. Union Labels and a world"; of,zppmved Forms of Headings, In

Martin, Reviewing Editor of Cyc, and author of Adverse Possession, Appearances, Costs, etc. John Byrne & Co., Washington. Pp. xxv, 455 + forms 122+ table of cases and index 72. (36.)

N this age of strikes, boycotts and lock I

outs,atreatise on the law of labor unions

is very timely. , . junctwn-I

and

Restraining Orders.

By

W.

A.

We do ﬁnd statements on