The Pascagoula democrat-star. (Pascagoula, Miss.) 1878-1920, 1881-05-06

it~ln tN1 o&&s st0 4cHoo " may 044 Dt
claimed that the bench 10 frser hsn cor
rupt,en thaa h the bar. The placing Of
the judge upoa the beach, from the
members q the bar, does not make him
more capsule, more hsaest, or nero con
scientious. than he was when at the bar.
The Ethiopian cannot change his skis,
nor can The leopard dispsnss with his
.pets.
But. not 10 eostinus this rsi. Of the
subject further, let me revert 10 the sub
ject Of this communication,
FATHERS ON rHK BENCH AND SONS AT
THE BAR"
The object Of this eoauunicstisn 10 10
bring this sabject fsirly sad fhlly T. she
nstice of the legal profsssiea, and 70 the
people OF the Btsts. II u subjees OF
much importance TO IL tseai prsksssiou,
10 litigaats, and to every sitiEsa st the
State.
Il 10 mooteA question with lawyers Of
Mississippi, whether OF not the Law Of tho
State, ~ u u, BY il Isttw, - by its spivSs,
excludes isdge sf the circuit court, and
. chsncellor from presiding In . csss,
and giving jsdgmsnt, In which hin fAshsr,
brother, or son-or indeed, any other sosr
relative is cossssl in the case The yrin-
ciple involved 10 Of % msch importance
that Il is somewhat strange that the isttev
Of eur constitutions, and Of sar statute
laws have for 40 long . time left the mat
tor In doubt. The constitution ef 1882,
put the disqualification Of judge aud
chancellor to preside in case, npoa the
following grounds:
No Judge shall sit on the trial Of any
cause, when tho parties, or either Of them
shall be connected with him by sfinity
or consanguinity, or when he may be In
terested in the samo." kark the word
"iutcrssted." Aud the Code Of 1857 psts
the disqualification Of judge end chan
sellor upon the grounds Of Interest or
other cause
Tho present cssssitstios, that Of 1858,
article 9, section ., contains tho ssme
provisica, cvtafi~.
The code Of 1871, section 536, puts the
disqualification Of 0 Judge" TO preside
In . case, upon the ground Of "Iatercst
or other csuso,n and the "chaaccllor,"
when he may be related 10 either party,
BY aAaniy or consanguinity, within the
sixth degree, OF shall have been celusel
for either party, or be interested 10 the
result Of the suit A 10 the disquali6-
cation Of shsneellor, go section 9Ss Of
the code.
The present. statute, that Of 1850, sec
tiou 3270, makes this provision
mo Judge. chancellor or justice Of the
peace, shali cit In any cause in which be
10 directly interested, or related to either
party within the fourth degree, oemputod
By the rule of the civil Law, OF In which
he has been Of council, without The con-
aent Of the partiss entered Of record"
Thus u b seea that the letter. Of the
law Of the 6tats, - seen IN the constitu-
tiens and the statutes, has been very s~i-
fern in provisions upon this subject
through . long oourse of years. The
constitution and statutes of tho State
have, ~ We ses, placed the disquali6cs-
ton Of judges and chsncsllors, upon
three grounds, distinct in their meaning
aud application, to-wit: Relationship to
either Of tho parties; having been cosnscl
for either Of the parties 10 the suit; and
imfrssf in the result Of the suit.
Upon the two grounds 6rst mentioned,
the Law 10 explicit: relationship to either
of tho "psrties.n and having been coun.
sol for either party. Disqualification up
on tho ground Of interest,"" 10 what is
thought by some, is lett in doubt by the
plain letter Of the law. But, that .
Judge, or chaacellor, who has . en- On.
gagged ~ counsel In . suit, 10 disqualified
70 preaids and give Judgment in that par
ticular suit, upsn the ground Of imtsrsss In
the suit, - k isv y, l think there can
not be, upon just principles, and that
st--- .h~.la c..s n. s,~ d..ls
Isuppose that kississippi is ono Of the
States to which the London Lar Journal
has reference, when IL Gays that, "In the
United Ststes the impressisn has taken
30 deep hold that an attempt has actu-
ally been made to pronounce n father dis
qualified on the ground Of interest, 10
try q cause in which his son is engaged -
counsel"
In the instance referred to by the Lon.
don Lar Josvxal, the counsel was ~ indig-
nant at tho great impropricty, - he
thought, Of tho judge in presiding in .
case lin which his son was counsel, that
he refused to 20 ON with tho case. II
that bo the sentiment Of the bar Of Eng
land, where tho judicial robe 10 regarded
a. . sacred vcstment, what should IL be,
I..... 49, - az.
country, ~ NO uls,sIs nmo, neso .ns
yoags mas NO specisa cna.so.et 'oE Putty,
sna LOT con'c,Sus'ous u.. usc...Es !" onc'.' !.
ousy, .oovc osne. ~ " csls ~ - =. sne oss. "
s'ner oepAf'.'a'. .. .he kose'nmen'.
Tho law OF Mississippi, by its letter,
disqualiics . judge or chsncslier, st jus
tico OF the pssCc, TO sit and try . csse in
which he 10 ist~~fed In the result Of tho
suit. The whole thing, therefore, may be
narrowed down 70 this simple, isolated
poiut.that VI "interest" Then, y may
be well 70 inquire whom 70 . judge inter
estsd, and In what way, Or ways, may he
be interested In . suitS ! lsupposc the
trainers Of the consultation, and the statute
law used the perfect psrticiple. "intsr-
cstcd" In " nsnsl esnss and accsptatiou.
u has no technical applicatsen, nor legal
sense, different from its ordinary meaning
and uss. Istwsf means, simply, a. the
standard authors deane II, "concsrn"-
anxiety - "intersstsd" - "having an in
terest." II, thsrefore. case shsuld come
before judge for trial, and he should be