The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1873-05-24
LAWYERS AND NEWSPAPERS.

Law HERS AND NEWSPAPERS.
Not long since, a discussion arose and attracted
considerable attention in the United States,
between the editor of an influential newspaper of
Massachusetts (SIr. BOwles) and q leading New
York lawyer (AIr. Field,) which embraced two
points that ought not only to be clearly defined,
but strongly impressed on the public mind. Ono
Of these points was the limit to which Il lawyer
might 90 in serving his client, the other, the
range newspapers may take in discussing events
in which personal character is involved. Both
champions took extreme ground, and we shall not,
for that reason, refer particularly to their contro-
versy, further than to eliminate q few observations
of practical use.
There are differences among lawyers as to the
p~ropriety of defending persons who are clearly
and ~palpably in the wrong, even when technically
and legally they may be in the right. Some will
accept such cases-perhaps the majority will
others will not. Probably as a matter of advan-
tage in the long run, it is wise for a lawyer never
to accept a fee nor take a case which he believes
to be a wrong one, even though he may see how
he may successfully carry it through. And the
reason of this is that a lawyers character ia in
time affected by the class of cases he advocates.
Il L ~ NOiiC ~ NC HclitlhlJ DCAiSfbu tiNfl Lt VIII
take Il desperate case for a large fee, his influence
with juries will be impaired, and ne will be COM
PEELED to resort to extreme or questionable meas
ures in order to carry his case. On the other
hand, if a lawyer has established the reputation
of undertaking only such cases rs he really be-
lieves to be just and right, this one fact will go a
great way in influencing both court and jury on
his side. Before he examines q witness, his adj
vocacy will be pre%sumptively in favor of his
client, though this rule may not TO be sure
always apply in criminal cases. Even where q
lawyer may undertake 4 questionable case, he is
not bound either by his professional oath or
honor as n lawyer, to use any but Legitimate
means in conducting his suit. Only in extreme
cases, where the lawyer is morally certain Of the
righteousness of the cause he is advocating can he
be in any sense excused for resOrting to anything
like tricks or artifcc. There may and probably
arc cases (more especially in Hawaii nei) where
persons with q superior knowledge OF law involve
a person not thus informed in evil tolls, and seek
to escape by turning upon a really innocent party
tho vengeance of tie law. The legal disadvan-
tage may be on one side, the moral and actual
guilt on the other. Such cases form exceptions
TO general rules. But i'm cases where there is a
moral criminality, it is certainly and ~palpably
wrong to afford them moro than such n defense as
will not subyert justice. Doubtless there is much
wrong of this kind perpetrated, and there are
lawyers who are aiders and abettors ofcriminality.
They do as much towards fostering crime as do
the perpetrators of crime. As a rule, however,
such lawyers will be recognized and placed in
their true position, and as a rule also, they will
not be even financially successful.
In regard to newspaper responsibility, n good
deal of discrimination is necessary. Reckless and
malicious SANDER should never be tolerated, nor,
on the other hand, should a newspaper be afraid
to speak plainly when occasion requires. News
papers in these days are not merely disseminators
of news,-they should be guardians of public
morals and cOnservators of public rights. These
latter functions are quite as important as tho
former. The faithful performance of these duties
necessitates allusion 10 persons in cases that legit-
imately arise for public criticism. But there can
be no question that newspapers should strictly
refrain from invading the sanctity of private life,
unless when q clear public necessity requires it,
and to fail TO do this duty when so required, is
weakness. When a journal falls short IN this d.
rection. it soon comes to be regarded as a nom
descript, and generally has little decided eharac-
ter and less influence. On the other hand,
violent and in~discriminate abuse usually reacts
on the Journal using it, and reduces it to the
same low level. When the rrotire which prompts
the course ola PAPER is just and good. it will rarely
be found TO transgress; the reasons will be obvi-
ous, and will generally be found to consist in a
misrepresentation OF facts which, when pointed
out, will be promptly and checrfully corrected by
any r~ight-minded journalist. Where the motive
is pure and right, the journal that is withal indie
pendent and outspoken will command influence
and respect. Where the motives are venal, their
true character will soon become known. After
all, the fnHe Of 4 newspaper generally carries