New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-04-26
LEGISLATORS AS ATTORNEYS.
A practical, VIOLATION or ENGLISH LAW.

A PRACTICAL VIOLATION or ENGLISH LAW.
To the Editor Of The Tribune
SIR: The maxim that no man can be judge
in his own cause, Memo debet jteT ~ propria
cdusa is familiar to Iboth lawyers and aymes IL is
fundamental rule in the administration OF justice that
person cannot judge in wherein he is interested
however small may DE the Of his interest. In
theory at least this rule prevails in all civilized
tries. have known ii departed from in practice
except in such countries az the republics Of South
America where the judiciary long since ceased
mand respect Nor Is it any doctrine. AS long 20
the reign of James I. it solcmny adudged that
the King could not take any cause whether civil or
criminal ont of any OF his courts, and give Judgment
upon himself; but that must be determined in
court Of Justice according 10 the law and custom Of
England. IN the referred to- the judges
informed the King that "no king after the
Conquest assumed to himself TO give any judg-
ment in any whatsoever winch concerned
the administration Of Justice" The leading in sup
port OF the maxim above referred to is that Of Dimes agt
Tie PrOpreors OF the Grand junction Canal decided by
the House Of Lords in England. In that the Vice
Chancellor granted the relief sought by the Company;
and the Lord Chancellor who shareholder in the
COmpany-ths fact being unknown to the defendant in
the suit-afrmed the order OF the yiceChancelor Il
held appeal the House OF Lords that the decree
OF the Lord Chancellor. under the circumstances, was
voidabe. ami ought 10 be reversed Lord Campbell c. J.,
obscrvng: Is OF the last importance that the maxim,
No mcn is ID be Judge IN MS own cause, should he
u
which he Is party Dut applies to cause III which Ae
ha- an interest
With such rule laid down for the conduct NJ Judicial
officers. and adhered 60 by them with Slctness,
it difficult TO understand why should not be APP
Piled with equal force to the other coordinate depart
mcnts OF gOycrument-the legislative and executive.
Why should members of legislative body vote upon
measures which they have direct pecunary interest
when highest judicial officer the land hear
a cause b"cause he may happen 10 own few shares Of
the defendants rtOcki | know OF only reason. and
that is the QilUmeHnun d5 tRcOHreuHi: 10 exclude in
tercsted votes AZ LEGISLATIVE BODY msht sometimes re-
dute below the number necessary 70 constitute
quorum AMI thus delay the public business. Much OF
rho scandal of modern legislation NAV be traced 20 the
dual character II OF the legislators. very large
proportion OF them are lawyers. There can be
objection this long they honestly devote
their time and talents TO the best interests OF the country
[ an not among those who would exclude the law
yers from the halls Of legislation, and conrde the
law. The evil 10 which | refer i the practice, quite
modern but very common, or members OF the Legs
/ ldtuie and Of Congress accepting retaining fees
lyae counsel in matters lc before the bodies
/ which they members for legislative action Ii
would De- amusing, t painful, notice the
sophsries by which these paid attorneys OF rings and
corporations, who 81 IN legislative bodies seek 10 Justify
The conduct. II j. an evidence or lower standard or
public morality that slc thing Is tolerated for an hour
There was q time when such an act would have been
rated according it, character, and indignant public
would not nave listened 10 the himsy apologies which
now pass with many. There Is Just remedy
for his evil ANA that Is legislation. mean legislation or
the active kind: legislation which will brand tins prac
tcc rs gross violation OF the criminal law; which shall
place the O,nse IN the grade with bribery and per-
imprisonment IN the penitentary. For every such re-
tancr there should be detaner OF the character lnd
Gated. y.
Fbuadc,paia April y, 1875.