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tiously without getting any benefit so far as his familiar triple phenomenon of child—jam, general health is concerned. The value of cupboard, doctor. exercise is in proportion to the total amount Perhaps the most important changes of all, of work done. The larger the muscles the so far as the body is concerned, have come in more work they can do. It is chiefly through the matter of our daily occupation—the way using the muscles of the legs and trunk that we get our living. The “natural” way is the results for the system as a whole may be se primitive way-hunting, climbing, divingcured. Take big movement of the big muscles. forms of vigorous bodily activity. The body

Swinging a pair of light Indian-clubs may was intended to carry on a large amount of be interesting and pretty, but it does not have physical work, to be constantly exerting inmuch to do with the health. Twisting the tense muscular effort. trunk from side to side, bending forward the We don't live that way now.

The conditions back, are types of exercise that bring results. of our industrial civilization have put an end The majority of popular sports call for such to it. Machinery does most of our heavy movements at these. It is the big movements

work for us. We live by our brains. We walk that count.

a couple of miles or so a day and sit in chairs

the rest of the time. MEAT, DRINK, AND THE TABLE

But this has not had much effect upon the Hunger is an instinct, and an instinct is the character of our appetite. We are often hunlog-book of thousands of generations before gry for the kind of food that would only suit us—the record of their experiences. Hence a body under constant exercise. There are it has some authority. It is more likely to be those among us, too, that are inclined to eat right than the latest health - food advertise more than is good for them: to be candid ment.

who like to stuff themselves. Now stuffing But there are cases in which we cannot was a normal habit to our ancestors. They trust to our instincts without danger. The had to take their food when they could get it fact that an instinct has come down to us from and trust God for the next meal. And it was prehistoric times, when men lived differently easy for them to steal away into some quiet from ourselves, makes its directions occasion retreat and sleep undisturbed until the stomach ally out of date. It hasn't adapted itself to any had done the main part of its duty. The of the special conditions of modern civilization. digestive organs, accustomed to coarse work It sticks in the old rut and calls as strongly as

and violent exercise, were able to cope with ever for satisfaction; but it does not speak with the situation.

Ours are not. Fine headthe same authority. Our present needs may work and coarse stomach-work don't go naturdemand something quite different.

ally together. Here again we meet with a Take the case of the average child and the special problem. sugar-supply. There's no doubt but that he Much scientific effort has been expended of is too fond of it. His appetite is a very bad late to discover experimentally what kinds of guide in that particular matter. But the food are best adapted to modern conditions. explanation is simple enough. Remember the The results of these experiments are certainly high value of sugar as an energy producer. interesting and suggestive: but whether or not Remember too how rarely it occurs in the simple they have proved all that is maintained for form in nature. For our aboriginal ancestors them is open to question. sugar was a hard commodity to get; fruits and One thing, however, they have made perhoney were about the only sources of supply. fectly clear, and that is that the majority of us Yet their bodies needed it. Consequently a eat a much larger quantity of meat than we strong, instinctive craving for it was developed need-more, indeed, than we can get any posin them-strong enough to make them ready sible good from. Meat twice a day is enough to surmount obstacles and face danger in its for anybody, and for most of us, once a day pursuit.

would be better yet. There is no doubt, too, Conditions have altered since then. We are that such foods as grains, nuts, fruits, and vegenow provided with a practically unlimited sup tables, should take a much more prominent ply--enormously beyond what we actually place in our diet than they do. Beyond that need. Yet the instinct remains still loyal to it would be dangerous to preach as yet. the old rut. All of which throws light upon the No man knows what kind of food or how

much food another man needs unless he be and if a quantity of food be taken in, it simply personally well-informed about his case--- remains undigested in the stomach. and he may not know even then. A man's Worry, hurry, unsettled mind, low spirits, own particular make-up is the prime factor all tend to delay or to stop the activities of the in deciding questions of meat and drink. But alimentary canal. This has been neatly shown there are several ways in which one can tell by an X-ray experiment upon the digestion of pretty accurately whether he is getting the most a cat. A certain amount of subnitrate of out of his food or not. The first of these is bismuth was introduced into its stomach bethrough keeping track of his weight. Every fore feeding. This substance is impervious body ought to know what his own normal to the X-rays, but is harmless to the organism. weight is the weight at which he accomplishes Hence it was possible to watch the action of the most and feels the best. The averages the stomach while the digestion of food went given in a life insurance table will serve in a

on there.

As long as the animal was kept rough way, but not so well as a table of one's nervous and excited, all the movements necown variations. It often happens that the essary to digestion were stopped. best weight for a particular individual differs Students who go at hard head-work immeconsiderably from the general average. diately after meals often suffer from indigestion.

By keeping track of the weight from week So do letter-carriers and other people whose to week and comparing it with the standard, meals are followed by prolonged physical every alteration of the general bodily con exertion. Indeed, any kind of effort which dition can be discovered and attended to. forces the blood-flow away from the alimentary The time will come when every up-to-date region is injurious after hearty eating. bathroom will be equipped with a pair of scales. On this account it is worth a very special effort

Another way of discovering a defective con on the part of every man to compass one meal dition of the digestive organs is to thump the each day which shall be leisurely, uninterrupted, pit of the stomach with the finger. If it make and cheerful. The arguments for this are not you wince and double up, it shows that some based on digestion only; they have to do with thing is wrong. The presence of gas in the the mental health of the individual, and with stomach is also a sign of faulty digestion. It the welfare of the family as an institution. means that there is fermentation going on. The dinner table is the centre of the family

Something, too, is indicated by one's state life, and the family is the social unit. The of mind. If you have a feeling of depression common meal draws all its members together and low spirits without any apparent cause, it under informal and familiar conditions, where is time to inquire into the food-supply and what mutual interests and companionship are especthe body is doing with it. A good digestion is ially promoted. Even if a man have no home a thing to take pride in. It ought to be cher

it is his business to make himself ished conscientiously. The trouble with many a member of some household. of us is that just so long as we're not disturbed An energetic effort to leave one's work and by what goes on in our alimentary tract, we responsibility behind in the office or at the abuse it outrageously. There will be counter, a leisurely bath and a change of price to pay for this sometime.

The worm clothes, the deliberate resolution to be agreeable turns; and so does the stomach.

and to make the meal a pleasure for all con

cerned, even though it costs an effort--this is HOW AND WHEN TO EAT

not only good for the digestion and the whole There are a few plain facts about how and state of the body, but it also serves a social when to eat which it would be worth a man's purpose of the greatest importance. while to keep in mind, even when well.

It is the fashion in some quarters to sniff at If you are in a hurry, eat lightly. There is the pleasures of the table as if they were esno virtue in gulping down a large meal just sentially of a rather inferior character. Perhaps because it is meal-time. While the mind is they do not belong in the loftiest rank, but they actively engaged in the details and respon are perfectly normal; and more than that, sibilities of business, the digestive apparatus they afford a natural medium for the real interis in no condition to undertake heavy work. change of ideas, for real reciprocity. The blood supply is drained off elsewhere, The after-dinner state of mind exists only giving all the contribution it can to the brain; after dinner.

of his own,

a

JUSTICE

THE DEFECTS IN OUR ADMINISTRATION OF JUSTICE THAT HAVE BECOME A
NATIONAL REPROACH-THE NEED OF NEW METHODS OF SELECTING JUDGES AND
JURIES—THE HAND OF PUNISHMENT RESTS HEAVILY UPON THE FRIENDLESS
THIEF BUT LIGHTLY UPON THE RICH ROGUE-HOMICIDE ON THE INCREASE

BY

HUBERT BRUCE FULLER

THE figure of Justice blindfolded seems lected independently of political considerations.

eminently fitting in this day, not that The construction and application of law is not

she may distribute her favors with properly a matter of opinion or expediency. even hand, but that she may be spared the The law is, to a certain extent, an exact science, sight of the crimes committed in her name. and its interpretation should not vary with The scales balance with mathematical pre- party preferences. Subserviency to bosses cision in the figures that adorn our court and political bias should be banished from the houses, but there the analogy fails.

judicial system. We cannot properly leave the question of In short, judges should not be elected. They enforcement or non-enforcement of laws to should be appointed for life, or during good mere individual discretion. Therefore the man behavior, by the governors of the respective behind the law, more than the law itself, has states, upon the recommendation of the Bar come to be the vital question. We cannot associations. They should be required by tolerate the theory that every man should be statute to relinquish, while on the bench, all come his own court and jury, to determine for interest in commercial and business matters, himself what laws are to be obeyed and which and they should be retired at a specified age are to be ignored. The financier of easy con on a reasonable salary. They would thus be science deplores the liberties taken with the independent of politics and above the influence law by the ordinary highwayman, but does of personal business considerations. not hesitate to tamper with the statutes against

OUR GRAND JURIES ARE NOT INDEPENDENT monopolies, combinations, rebates, and pools.

We are sometimes told that laws cannot be The jury system is looked upon as an Ameristrictly enforced without working hardship. can birthright, but in practice it becomes at As a nation we have long been guilty of in times a ready means to subvert justice. The difference and careless thinking on this subject. “grand jury” has so far departed from the purEnforcement is the best test of a law, and is pose of its institution as to be, almost uniformly, the road to repeal of a bad law; if unpopular a mere adjunct of the office of the prosecuting it will not long remain on the statute books. attorney, thus failing to perform the duties

to which its members are sworn. WRONG METHODS OF SELECTING JUDGES

A New York judge recently found, upon There is less room for criticism of our judges investigation, that the average time given to than of our method of selecting them. The the cases reported to him by a grand jury was annual salaries of the judges of the courts of six minutes. In many cases the grand juries record in the various states do not average over are too prone to follow the recommendation $5,000, which is less than the income from a of the state's attorney in returning a “true bill,” successful law practice. Naturally, able law and in such cases, upon the suggestion of a yers can hardly be expected to make the single man, the reputations of honest men may financial sacrifice or to adopt the methods be blasted for life. The grand juries, by the necessary to secure a place on the Bench. logic of their existence, should be largely in

The candidates for the judiciary should be se- dependent of the prosecutor, and, in a measure,

was

ex

of the court itself. Their sworn duty is to and further the ends of justice, has proved a investigate any form of lawlessness that comes ready shelter for the guilty. to their notice, whether specially instructed by The injustice and folly of the system was the court or not, or whether the matter be pre disclosed and emphasized in a recent case sented by the prosecutor. If an officeholder growing out of the Chicago strikes. Eleven be suspected of wrong-doing, if bribe taking weeks were required to secure a jury to try men be rumored, if there be indications of unlaw indicted for assault; 1,929 veniremen were ful combinations, the grand jury should take examined; a venire of 2,000 men the initiative, if necessary. But the average hausted and another of similar proportions grand jury merely passes on the cases pre called. Some 1,100 men were rejected for sented by the prosecutor, inspects the county "cause.” Two months and a half were rejail, reports to the court, and is dismissed. quired to find the “twelve good men and true.” Even this routine work is often performed in The lawyers asked nearly a million questions, an indifferent and perfunctory manner.

even devoting half a day to the examination of

one man who was at length rejected. Many THE FARCE OF TRIAL BY JURY

of the questions propounded reached the utThe petit jury system is susceptible of gross most height of absurdity, with the result that abuse. The jury may be packed by office some 1,800 men failed in an “educational test” holders and their partisans, in return for ser that would have disqualified an assembly of vices rendered. Men, infirm, dull-witted, or scholarly men. The cost to the county, to even of doubtful honesty, may sit in the jury- the date of securing the final juryman, was box and watch the slowly moving hands of $16,000; to the date of conviction by the petit the clock, bored by proceedings which they jury, $35,000. either view with indifference or are unable to The first juror accepted, and several of his grasp.

associates, were virtually prisoners for two The intelligent man of affairs is no more months before the trial proper commenced. desirous of serving on the jury than is the This fact alone would tend to make any tricky lawyer to have him serve. He generally prospective juror think out a disbarring prejpleads press of business and is promptly ex-udice. There was nothing complicated about cused. And so we have the professional jury- the case; it was simply a murderous assault, man showing up in court, term after term, and recorded in the daily papers and widely read. deciding issues beyond his mental grasp. One The common knowledge of such abuses should judge, at least, has found it necessary to furnish be sufficient to bring about the doom of the his bailiff a list of talismen with instructions ordinary methods of securing a jury. that certain ones should not be allowed to sit

agree

that an accused man should be on cases in his court, because of their notorious surrounded with every rational safeguard. incapacity. Recently a judge, after twice This should not, however, include the absurd warning two jurymen to keep awake and pay and outrageous methods employed by lawyers attention to the proceedings, threatened to in the weeding-out process as applied to juryjail for contempt the first juryman caught The very purpose of the rule is to exnodding.

clude those who may be in any manner prejExisting methods of procedure intensify the udiced, and those who, from ignorance or evils of the jury system. By the operation of otherwise, are incapable of understanding the peremptory challenges, the mere exercise of a evidence and drawing rational conclusions. whim may determine the selection of men to try If the same rule should be applied to courts,

The defendant in criminal cases we should be afflicted with judges as well as (particularly in cases of manslaughter) is al- jurors who will not read the daily papers and lowed an unreasonable number of such who cannot reason independently or clearly. challenges. This encourages the defendant's Law and logic seem to part company on the counsel to attempt to exclude men of force proposition that all who read are so narrowand character-even men of ordinary under minded that a conclusion once reached would standing and mentality—and to substitute not be changed or modified by testimony. In men without strength of character or average short, the theory may be correct, but the praceducation, and subject to outside influences. tice is often an affront to common sense and This system, instituted to protect the innocent an outrage upon common justice. The net

All

men.

а.

case.

result of such methods is to encourage the plied criminality, baffle all inquiry into matters belief, already prevalent among criminals, of his knowledge. that if the wrong-doer have sufficient money The frequency with which justice has been to hire a lawyer who knows the ins and outs of throttled by this device is apparent only to this system of criminal procedure, he may defy those who are actively engaged in the courts the law and make of it a mockery. Thus of law. Conviction of bribery is found extrial by a jury of one's peers is often only trial tremely difficult because, generally speaking, by a jury of irresponsibles, or by men who are all having knowledge of it are, in a manner, to be given $2 a day as a political reward. guilty. In prosecutions for offenses involving

graft,” those who should be the most valuable SNAP-JUDGMENT IN POLICE COURTS

witnesses for the prosecution are exempted A serious abuse of quite another type is from testifying. Oftentimes witnesses unfound in the lower courts where cases are blushingly pretend an incriminating guilty railroaded through with scant attention. In knowledge, merely to serve their friends or the police court of a large city in the Middle guard their own selfish interests. West, 235 cases were disposed of in a single A law, such as has been placed recently on day. Sentences and discharges were dealt the statute books of New York, withdrawing out at the rate of one in less than a minute. the right to refuse to testify on such grounds, In many instances the prisoners were not al should be enacted in every state. The spirit lowed a hearing and did not even know what of the present provision could be preserved disposition had been made of them. Then in such an act by forbidding the subsequent again, in some instances, cases are continued use of such self-incriminating testimony as a from day to day and from week to week. Even basis of criminal action against the witness. where the offense charged is a misdemeanor, Such a change would meet all the demands of punishable only by a small fine, cases are often justice. It would at the same time make availcontinued for the twentieth time, despite the able in all cases the full powers vested in courts request of prisoners that they be brought to to compel unwilling witnesses to testify. The trial.

hand of every prosecuting attorney would be It is in the police courts that our foreign 'strengthened, no innocent person would be element often receives its first impression wronged, and one of the greatest engines of of American justice. Every community of injustice would be demolished. foreign-born citizens has its leader, or “boss."

BONDSMEN ARE NOT RESPONSIBLE Often dishonest, he preys upon their ignorance and receives money for the avowed purpose of The straw bail bond iniquity is widespread "greasing the wheels," and "fixing the officers.' throughout the country. Professional bondsOf course the money goes into his own pockets, men, parasites that infest the haļls of our court but the newly arrived foreigner believes he has houses, find lucrative occupation in bailing bribed an official. This has become a serious prisoners for fees. If the bondsman can show scandal in our large cities. Another evil is the that he owns the amount of property prescribed tendency in some police circles to insist that by law, the officials are forced to accept him because a crime has been committed some one, as surety. As the laws now stand, such perguilty or otherwise, must suffer. The records

son may execute a bond one day and sell his afford instances where men have been con property the next, leaving the bond utterly victed to sustain the theories of the police. worthless. Often it is suspected by the police

and known by the bondsman that the criminal IMPORTANT TESTIMONY EXEMPTED

intended from the first to flee. In such cases The law, or rule of criminal and civil pro the professional bondsman sees to it that he cedure, which exempts a man from giving shall not suffer. There is need of legislation testimony that may incriminate himself, is that will make criminal bonds more binding. prolific of injustice. It is one of those safe The chief feature of such a law should be a guards provided by law to guard the interests provision that when a man becomes bondsman, of the innocent, but which works out largely notice of that fact shall be filed with the county to the advantage of the guilty. An unwilling recorder and such bond shall immediately witness may at any time find refuge behind this become a lien upon the bondsman's property. privilege and, at the expense of merely im The law should further provide that a for

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