Daily Republican., 1879-10-07

remedy. II is also usual in the Su-
perior Courts to have attorneys and
advocates or counsel as assistants.
The duty Of Counsel is as well to as
sist the court as it Is TO represent the
witness Of the parties. The act of as
sembly says that in the cause by and
through a public trial we shall hear
the allegations and proofs Of the parties
and shall determine according to the
very right Of the matter. In the prop
er discharge Of this solemn duty, We in
this case Just as much as any other
case, are entitled to tie assistance Of
the counsel of the contestant and the
incumbent.
A distinguished, modern writer, in
discussing this important subject,
says:
"The advocate is part and parcel Of
the whole machinery of administering
justice, as much so as the jury, the
Judge or the prosecutor. He forms an
integral part of the whole contrivance
called the trial, and the only object Of
the trial is to find out legal truths, so
that justice may be administered" In
this trial 1t has been found most desir-
able to place the Judge beyond the par
ties, to let both parties appear before
him, and to let both parties say all
they can say in their favor, so that the
truth may be ascertained without the
judges taking part in the inquiry and
becoming interested in the success of
either party.
The advocate is essentially an ami
Gus curiae" the friend Of the Court, he
helped to find the truth, and for this
purpose it is necessary that all that
can bs said in favor Of his client or in
mitigation ofthe law, he stated, because
the opposite party does the opposite,
and because the case as well as the law
ought to be viewed from all sides before
a decision be made.
What member Of this City Council
would take a cause of their own even
of the slightest amount, into any OF
the Courts Of this State, and undertake
to conduct it himself without the as
sistance of council. To do so volun-
tarily would be simply the act Of a fool.
But what would any of you think of
and how would you feel toward that
court, which would deny you the as
sistance of counsel when you came to
them under the law asking for justice.
Could any even the meanest person
in this State be denied this right by
the court, without procuring an i'm
preston SO profound, that compared
with it any other case of present polit-
ical difference, would subside into in
Significance.
If any Judge would do such thing,
he would have to begin by forgetting
that Justice whose cause he was then
to administer; and every tradition and
principle of that venerable body Of
law of which he is the chosen magis-
trate.
If any Judge would so far forget
what he owed to himself, his own self
respect, and the lofty station he occu-
pied as to deny Counsel to any parry,
he would at least have before him the
peril ,of impeachment and removal
from his Office, and not less the right.
eosu indignation of an outraged people.
Let it be understood that any Judge
or Court have the power and the right
to deny party the assistance OF coun-
sci, and ruin would overwhelm the
party whose representative in the legis-
latuie would refuse by statute to reme-
dy so great danger and wrong. And
yet this Court, we sitting here as a
Court, we Judges having more power
than any ordinary court, invested
with the power to try both law and
fact. We both judges and jury under
our solemn oaths and holding in our
hands the scales OF everlasting justice
herself we are asked at the dictate of
caucus to do this unutterable thing !.
If then the rule, the general, the uni
versal rule give to parties the right to
be assisted in the trial by counsel, and
if there is nothing i'll the nature Of this
court or the language OF the statute
creating tito give it in this respect any
power different from the power of any
other court to deny party this right,
let me ask in all seriousness if there is
anything in the nature of this case to
talk it out of the general rule and to
make it proper and right that these
contestants as parties and We as judges
should not have the assistance of coun-
sci.
This case involves both private and
public right. If Mr.. Evans were law
fully elected as member of Council for
the 5th ward, he is entitled to his seat
there, with all its rights, duties and
emoluments.
If Mr. Evans was lawfully elected to
this Council by majority of the citi-
zens of the 5th ward, then it is their
right, and the right of all the citizens
of this municipality to have him repre-
sent them III this body, and to show
his Judgment, his discretion, his service
and his vote in the performance of all
the duties belonging to member Of
this Council.
The sam. is to be said Of Mr.. Car
michael if he were lawfully elected. On
the other hand if Mr.. Carmichael was
not the choice of majority Of the citi-
zens of the 5th ward, but if his neces-
sary majority was made up of people
not qualified to vote, then he is here not
of right but of wrong, and he repre-
sents not a constituency, but the men
whose illegal acts put him here.
No more important cause can come
before court, not merely this contes-
tant or this incumbent asks you, to hear
upon his right that this people stand
here asking you to pass when their
right and praying righteous judg-
ment at your hands.