The Pascagoula democrat-star. (Pascagoula, Miss.) 1878-1920, 1881-05-06
A LEGAL QUESTION.
=. gathers on the Beach and Sons
NJ the Bar"

x..,.na the grand source Of American
= s..ms. Iu.t now, to be waking Up
,,on . IO.x night. upon . question In
,.l,iux Important principles Of lac and
IA. :, embraced In the above heading:
sr..h.r, on the Bsneh and Sous st the
Bar
n,, ,ts,ed, In . Leading 4 msr'ean law
,.uruaL to-wit; the Alh=ny Las Jssr.si,
,s,, Oh. Loudoa Lac n~s s.ys'
.Iu incident in the Bristol county
,,.r, raises question which We think 10
,f,hs utmost moment 20 the bench and
the bar. A con Of the judge Appeared -
counsel before him, and the counsel on
An, othsr aide declined 70 20 on with the
,,,,. as We gather, on that ground alone.
We think the judge wss wrong In sug-
,r,,i.g that this step could In any sense
be an in,ult to him"
Al.o that tho Lsndss Lsw Journal. In
commenting upon tho sas incident,
says:
aIn tho United States, the ispressisa
h.s taken 90 deep . hold that a ssts@pt
h.. actually been made to Prsaoanes .
father disqualified on the ground Of inter
eat. TO try . cause In which his soa 10 en-
gagged - counsel"
The Albany Lac Journal, commenting
upon the practice which gave rise to the
Incident in the Bristol county court, Eng.
land, aud most emphatically eondemning
the practice Of fathers presiding in cascs
ip which their sous are counsel, quoting
largely from the said English journals,
s.ys: "Both journals, (ths Losdsu Lsr
I;m,s aud the London La~ JssvwaD agree
in the conclusion that tho constant prac-
,Ics Of fathers presiding in casos in which
their sons arc counsel is highly inaprper."
"To say that . barrister should never aP-
pear in court prrsided over by his father,
nav BE- anrsasonabls, but We must en-
phsticslly condemn the prsctice Of bar
ristsrs adopting . court in which 10 prac-
tiee, over which their fathers do pr~sids,
or may preside slonc.'
This is the deliberate though caRtiously
expressed opinion Of eminent legal su-
thority Of England, whore Il has ever
leen almost an adsge that . Judge. like
the king, "can do no wrong And the
position of thsss easneut English authsr-
itss upon the merits II the Issue in volved
In the Bristol cssaty cssrt, RnWlsud, 10
endorsed by the leading law jenrnsls In
the United states.
In the Unised States. the current Of
public sentiment is refcroacc ~ those In
authority, aud moro especially In reference
to matters and principles pertaining to
the judicial department of the govern
ment, 10 quite differeas 10 that entertained
in England. In this ceastry, IL 10 the
prevalent sentiment Of tho people, with
whom, and In whom all power, political.
ly, 10 lodged, that the highest function
Arios In the government may err In the
discharge Of their Official duty, and hence
the constitution c1N lse United States has
the highest Office in the government, to
four years, 90 that, II the president should
prove unfsithful to his trust, OF wanting
IN capacity, he may be retired 1t the end
Of his term, by the people, who have In
oil things, politically, supreme authority
In the government.
In the United States, the judges, like
all other fnnctienaries, arc amsnable TO
tho people for their Official condset. The
judges Of the supreme court Of the United
States, though appointed for life, or dur
Ing good behavior, are, nevertheless, sub
jeet to impeachment, and to be removed
from ofIice.
Honesty is tho best policy" and when
IN officer proves himself to be dishonest,
aud corrupt, II Is the right, and the duty,
not to say policy Of the people, to remove
him from Office, in tho way provided by
the constitution.
There can be no good government In .
State In which tho people hold . loose
rein upon the conduct Of men who have
been chosen, for . time, to sdministcr the
laws. Corruption, in high places, 10 tho
bane Of sll gOvernnents, and the history
of oil civilized nations proves that mis-
rule in government, has generally had its
origin in the arbitrary rulings, and, l
might say, corruption of tho judges.
Probably no department Of republic
can government 10 20 corrupt, aud cor
rupting, in its arbitrary rulings - the
Judiciary; and moro especially, this 10 the
case in state whore the judgcs are not
elected by the people, nor directly amena-
bic to the people for their conduct in once.
The judges arc taken from tho list Of
prscticing lawyers, and Il has mover been
aprevalent idea with tho people Of this
country that lawyers, N class, are more
honcst, and more consc ieu tious In the dis
charge Of Official duty than are other
elasses st citiEena; - farmsra, mechanics.
and tradesmsn. The education, legally,
and business OF the lawyer are In conflict
With sle due administration OF the law.
he end Of the law is, cwtais pssisAssSt
ior its violation. "Dt pssss ad psscos.
nef. ad omsss psrpeRiatn Violations Of
ios law ara punished, that othsrr, know
ing the penalty. may be det~rred from
committing the samc or other ofiensss.
The business Of the prscticing lawyer,
very often, 10 to prevent tho punishment
oi violaters Of the law, and 70 turn
mem loose upon the community unpun-
lsned, and, In consequence Of their 90.
qu'ttal, encouraged, .asther. to - and
commit the same, or . 1,Ailar, and even Z
gloatof offense. And 1t IL 70 b regretted
mat some lawyers, especially thsss who
hsvc had nuch practice in tbs dsisnsa ol
s.nminsis, aro not very scTupulous ~ d
snc means, necessary to be employed Ia
sncct IN acquittal Of their elicnts. Car.
.s,n'y, however. there are many houor'
sole exceptions 10 this charge Of prone
ass IN the profcssioA to psss the boandl
professional dnty, IN this respect
pst, q the christisn u sasd To grow ID
s'sce by an upright walk and . godlJ
conversation. 20 may the lawyer. b. q
opposite walk, and much unrighfsoul
saik, grow and harden in ain. and bscoms
ssnoss to the commission Of crime
nencs We may yeasonably suppose thai
swyers, b say the least Of Il, are = liable
"es led away from the path Of prcprist]
~ lhsir professiosal duty, - any othsl
s,sss Of citizens, and that Judges, having
voon transferred from the bar 10 Oh.
osnsh, without any special interpretation
=, Divine Providence, In the regensratios
vi, " ,heir hearts and minds, are subject
s'''b TO the same human ffailties-pfria