The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1874-06-11
JUSTICE AND LAW.

The law books are full Of nice points-fin
points-ihe LAWYERS say, and We notice thes'
fine points are frequently raised 10 blint
justice and cheat the goddess Of her dues
A gifted Irish attorney, whose name ",
cannot recall At this time, remarks that j
makes great difference in the law whethe
Won say Mccarthy, come out here" o
come on, here, Mccarthy" but without at
| tempting 10 explain the delicate legal poin
involved in the Irishman's proposition, ",
pass on to observe that the practice OF Law
in Kansas courts under the State statute,
has been too much given to the introduction
OF justice-chealing subteringes. The lawyen
have practiced on the presumption thai
their clients and the courts cared little fol
Justice, 50 long Is vigorous, 'red hot cas-
was prepared for the entertainment of the
court and the edification OF the jury. In a
word the Kansas bar has been in the habit
of running things with reckless disregard
Of judicial decorum, and professional pro.
prietv. Too much latitude has been tolera-
ted, and too many clever little subterfugeS
advanced 10 delay the administration of JUS
tice. In this criticism We would not include
all the LAWYERS of the State, for the bar OF
Kansas embraces within its membership
many gentlemen OF large abili les and scho-
las;ic accomplishments, and altogether, rep
ressnts as much virtue and integrity As the
same number OF men belonging 10 any other
profession. But the bar is responsible for
much that has brought discedit on the
practice of law. Ii it has not given coun-
tenance 10 improper practices it has failed
To rebuke them with sufficient severity. II
it has no, encouraged extortion from clients
and prolonged litigation At the expense of
justice and right, il has signally failed to
condemn such departures from professional
Moreover, the statutes of the
Stale have been frequently changed to ac-
certain eases, and by unfair and
practices OF this character,
the ends OF justice have been defeated. and
homes! clients defrauded.
Ignorance OF the law, il is said, excuses
no one, hence all should be familiar with
the requirements OF the statutes. 1t is a fact
de.ying contradiction that no human being
is capable oi mastering the mysteries of the
Kansas statute books. Nobody is familiar
with the laws Of Kansas. They are changed
every year, and 10 attempt to become famil-
lar with them on so short an acquaintance
would breed the utmost contempt.
We are glad TO observe, however, that
Judges Miller and Dillon, ,f the United
States Court, are doing a commendable work
in educating the bar OF Kansas to a proper
OF discipline. In their rulings they
wholly disregard trivial technicalities and
the numerous little informalities that are
frequently interposed as obstacles in the
path of justice. They sweep away small OBJ
ject on. and by their consistent and COM
prehensive rulings command not only the
admiration and the respect of the profession,
but win the esteem and confidence Of those
with volumes OF legal
lore. They permit no pettifosging, and
none OF the shrewd dodges so
frequently and successfully practiced in the
lower courts. \ witness may 60 10 the stand
with the assurance that he has not to lie
made the victim Of an inquisition to CRAFTY
the vulgar desire OF a crowd OF court loung-
ers. 1t affords lis deep pleasure 10 say that
the leading Kansas lawyers themselves
the worth OF this example. and do
not hesitate 10 express the;- 80: '..:-.:iOn
Of it. They feel that iro:e sd discipline
has been needed in Kansas practice, and
Know that it will assist in elevating the
Judiciary of the State To a proper apprecia-
ion al It's responsibilities and possibilities.