Buchanan County bulletin. [volume] (Independence, Iowa) 1869-1891, 1878-11-08
THE BENCH AND BAR.
that Both may Read with
Profit.

The Dubuque Times, appropos of the
movement by the State Bar Association
to disbar Ex-C Chief Justice Cole, for al
legged unprofessional conduct, in writing
letters to his clients in which he charges
Judge Dillon with practices unbecom-
ing his high station, and at the same
time joining others in public vindica-
ton of Judge Dillon's professional in
tegrity, takes occasion to make some
pertinent and pungent observations re-
garding the general subject of the rela-
ton of judges and lawyers, and espec-
tally some practices that have become
prevalent among the legal fraternity,
which are not calculated to exalt the
profession in the estimation of high
minded men. The Times says:
If it isn't etiquette to do what
Cole is charged with, is it etiquette for
a lawyer to make a sycophant of him
self to fawn upon the Judge and fatter
him? Is it etiquette to offer him brides
either of money or votes, or nominations
or anything else? Is it etiquette for
lawyer to talk with the Judge about his
case, either before or during the trial of
it? or even after the trial? A hundred
kindred questions will readily occur to
the committee which they can answer
in their treatise
We appeal to members of the bar if
in every important trial there is not
among the counsel nervous unrest lest
" the other side " should get at the
Judge, should pour batteries or prom
Uses into his ear and warp his judgment
by indirection. Is there not among the
members of the bar debasing compe-
tition for the friendship and good will
of the Judge? To be sure it shocks
the moral sense to read letter of Judge
Cole to his client, proposing to go on
visit to the home of Judge Dillon, and
there, by unfair practices, obtain the
desired judgment or order, playing up
on the other side, says Cole, the game
they have been playing on us; but is
this sort OF practice exceptional in the
case of Cole? When he was on the
bench himself he had the same expert
ence. He remembers how he was fawn-
ed upon and Toasted by men who in pri-
vate denounced him. He remembers
how the lawyers approached him out
of court" how they lent him money
and fattered him. He had some right
to think it was a part of the regular
practice, and that if he didn't adopt it
he would be at disadvantage. Let us
have chapter on the Etiquettical Re-
lations of the Bench and Bar
Perhaps the judges would give the
little assistance in the
of their work. In fact. it
seems to us that the judges are them
selves responsible for much of the deg
radiation of the bar. They do not suf-
sustain and encourage high
minded lawyers in their efforts to exalt
the character of the profession. For
instance, some lawyers will not CON
verse with the Judge about case ex-
cept in court and during hearing.
They have too much respect for them
selves, for the Judge and for the digni-
ty of the bench and the bar to do so.
Now, let the judges show their appre-
citation of this high toned practice by
simply stating that the low toned prac-
tice will not be permitted any longer
One hint will be sufficient; for the low
toned scheme is dreadfully afraid of the
court, and will cringe at the simplest
nod of the Judge. We do not mean to
say that all who converse with the Judge
about their cases are low-toned lawyers;
many who despise the practice, have
adopted it in self defense, and would be
glad to see it abolished; but we do say
that the lawyers who will condescend
to adopt it have greater advantage ov-
er one who will not A pitiable sight
is it to see lawyer shadowing Judge
for fear the other side may get to him.
Let it once be understood that the
Judge does not talk with lawyer or eli
ent out of court about a case, and he
can then have perfect freedom to choose
his own associates and friends among
the lawyers without exciting the jeal-
ousy or suspicion of any
Every lawyer in Dubuque knows
that in preparing his case with his col
leagues the outside influences which
this side or the other may be able to
bring to bear upon the Judge are can
vassed and discussed as much as the ev-
idence which is to be produced at the
trial; that personal intimacy and friend
ship with the judges is obsequiously
sought after and ostentatiously paraded
as business advertisement; and we see
the effect of it in the case of Judge Dill
lon, one of the very strongest men in
this country, as lawyer, as judge, as
a man; a magistrate above reproach,
man ambitious to win the highest hon
ors of the bench by hard labor by much
learning, and by judicial uprig htness
thrown upon the defensive by little
creatures who bound webs of suspicion
about him, while he was reposing calm
ly in consciousness of massive power.
See this strong man vexed and angry,
struggling to free himself from the spi-
der threads of the Liliputians. All
this because he gave an old friend and
former colleague on the bench a wei
come to his house, and allowed him to
talk about his case.