Baton-Rouge gazette. [volume] (Baton-Rouge, La.) 1819-1856, 1842-12-03
THE BENCH AND TIE BAR.

| ~ In Tho "Taw Rrporfer' for MaY last, pub.
lislled IN Bastnit. VIC find an abe article WIN
| Tho above TIE. The Bench and The Bar
| whtfh aaetaa ~ apttieahlp 10 orr Southern rs
10 opr NarlIer4r luilclal tribunals and we
hnrefoUe copy the tolln~ine extracts;
"tll,e neeessy and utility Of The legal pro.
esaion having been recoe uised by legislative
enactment, and the members Of 1t restored to
an ~eonniity Of rights and privileges with their
+ Ilow. c,lizens-~And, by the law nt the land,
all parties l'tlgant having Alright to be heard
il all otrts by eeunsel--we propose TO cehsl-
der the nature and extent Of this right.
ain the first place, as the Judges Of our
courts hold their Offices and discharge their
functions by virtue Of PROVISIONS IN
s~ttution Of our commonwealth, and OF laws ell
acted in conformity with those provisions,
counsel also derive their rights and authority
from the aanc hich sources; the latter, acting
within proper limits. standing at the bar IN AID OF
their clients, ara surrounded and protected by
constitutional guarantees, IN The same sense
and The same extent as the forntef, though
elevated to the bench and charged Wth Inc
high duties and and respon Fibljtles @! pres!-
ding in those tribunals. We intend, there
fore, n what VIC are about 10 say, TO CONSIDER
The beach and the bar as co erdinaie branches
of our judicial system, both equally essential
to the due administration of justice; and we
shall speak of their correfatiye rights and du-
ties.
"The great business Of courts ii, to hear
parties, their aftegat}sns, evidence, and argu-
ments and as this whole matter is managed
through the agency OF counsel, tie right OF
counsel is, in factF the right Of their clients TO
be heard. Still this right is not without limi-
talon and qualification. All organized bodies
must az necessity have established rules aud
modes Of proceeding in The transaction Of the
business before them. Tothese counsel must
conform. The presiding Judge being charged
with the Ynaltenance OF good order, and with
the proper despatch Of business, he, like all
/ other presiding officers, is TO be treated with
resnect and decorum in all Proceedings before
HIM. The rules Of law, as 10 the kinds OF erl.
dence and the manner ofsbrlnging it before
the court or jury, must also be observed.
These limitations and qualifications being sa-
tisied, in all other respects counsel may con-
duct their causes according 10 their own dis
! crefion, for the good of their clients. AS to
the sort of evidence, (t being competent by
the rules Of law,9 and it's quantity, tie length
eftime occupied in the argument whether to
the court or jury. and the number and kind OF
arguments, all these are matters for the sound
discretion and counsel, and they may and must
decide upan them, having in view nothing but
The true Ihtegest OF those whose agents ana
resreSen atiyes they are. As to all these,
F~e:5ic4lv,the rcaft have TO right to interfere.
,gea y way Of advice or suggestion.
"Ezsriag there general principles in mind,
!, NAV 4. Vel. 70 consider some OF the ways
i. vfrcfh III ~ Of counsel may Le,~ perhaps
sometimes are, Yiofated
"Tb- Judges Beng responsible ter The des,
patch Of tle h~azlness 9 taeiF esuEts, and
bound to eve all parties g hsariaa IN then
tura, I'D mast NJ our courts Lsag greatly
zresssd ard ogeEslf5sssd ~Ith aases, it is
aatasa thai ;he presiding adge Should at al
tines s anxaes 70 asEr Eress with al
rsa.es asFe s7e. in lie zaatfers seFore him
This feeling be brings sirh mn az fe aseepds
+. the beach in the mofa.ns !; it remains with
HIS, and dses not leave him when ha gees t.
hi. chamber at erenlng; it nag be Taid ,o b