New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-11-25
NOTES FROM LONDON,
ENGLISH AND AMERICAN LAW-MR. LOWELL
LITERARY INCIDENTS.


Something like a panic set in among English bar
listers when the rumOr went forth that Lord Cole
ridge was in favor of admitting solicitors to prac-
ticc The Lord Chief-Justice, said those who pro-
Tossed TO know. had been converted by what he had
aeon in America. He had become convinced that the
existing English distinction between baTristers and
solicitors was invidious expensive prejudicial to
the interests of clients and to the conduct of causes
in and out of cout and ought to be abolished.
And he meant to abolish it. How he would abolish
it, or where he would get authority TO allow solicit
tors TO argue causes before him, not explained
But stories went forth of a meeting Of judges, and
of a conference on Wednesday morning between
Lord Coleridge and some of the leading members OF
the bar and for time very extraordinary things
were believed.
leading article in The Times of this morning
puts quietus upon this story. No such CONFER
ence, we are told in tone of authority, has taken
place, and one must not leap to the conclusion that
we are on the eve of another revolution Yet, IN
his speeches at st. Louis and elsewhere the LORD
Chief Justice spoke with very great warmth or
affection of some sides of our legal system and IT
is quite possible that he and his cOmpan-
IONS who have seen or heard how law Is
administered elsewhere among an Engiish-speak-
ing people, have carried away some impressions
which may have practical effects hereafter" Spite
of this rather suggestive admission, this article is,
WHOLE protest Dtlldll VI lhO pdl any
AUGMENTATION of the legal system of
England The hand of the barrister, that
privileged and powerful parsonage, may be
traced in every line. The American system is
roundy denounced Intricate though English lawis,
cries he it is simplicity in itself in comparison with
that in force in America, where any group OF few
millions of persons is subject to different set OF
laws; in which conflicting jurisdictions impinge
upon OF overlap each other in perpexing manner;
II |, "a e for n lltiQate
with States, and individuals with States TO an ex-
tent of which we, happily know nothing" The VOL
umes of English Statutes he maintains are as noth-
ing compared with those of the various
States from Maine to California Enghsh
reports are but handful compared with
the "acres" of State reports, any one OF
which il may be an American lawyers duty to con-
suit And so on This CHASTITY picture is obviously
drawn by a man who knows little of the real dis
tinction between separate States, OF OF
the real distinction between State and Fed
eral jurisdiction. He believes, apparently, that
the Maine lawyer in order TO try cause
between the citizens of Maine must know all about
the law of California, and of all the States between
the two. He declares that the legal monstrosities
of Baron Parke's days are most respected, not IN
England but in the United States; " in some State
of the Union where the English Common Law, as
understood before the Declaration of Indepen-
proceedings superannuated here are still in active
operation do not see what we are to understand
from this unless that the writer believes the Dec
laration of Independence to have been subsequent
to the time of Baron Parke, who died in 1868.
In no country of the world, continues this sim
euar advocate certainly not in the United States,
and perhaps in the history of Jurisprudence,
were technical forms allowed to have less effect in
preventing Justice being done than here in our
nDa
he has to say about the rules of evidence, for ex-
ample and their effect in preventing justice being
DONE Speed, too, has become prevailing virtue
in English courts; since perhaps, Lord Colerdge
argued the TichbOrne case, or to take an example
from this very year, since the Belt case, with Its
six OF seven weeks of jury trial. and the overthrow
of its verdict still in suspense.
And yet on the vital question of barTiSter and
solicitor this barrister makes admissions for which
his brother barristers viii hardly thank him.
When one sees a trumpcry dispute about few
pounds occupying more or less, in turn. the atten
ton of an educated solicitor, beyy OF trained
clerks a learned Queens Counsel, and one or more
acute juniors each getting, of course, some reinun-
Grafton for his share of the work. 1t IS dihcult 10
resist the conclusion that division of labor is here
carried to an absurd extent and that justice might
have been done without calling IN 50 many sKlued
assistants. so,
that the legal profession as a whole IN England
will accept any sweeping reform whichis not forced
upon il from the outside. There is not trades |
union in the world powerful as tins of English
LAWYERS. 1t is the opinion of the one whom am
quoting that hints may be obtained from study OF
the ways in which justice is done i'll New-York or
Chicago but that they relate chiefly TO the rules
and etiquette of the legal profession. In other
words, English lawyers may learn from their
American brothers something for their own benefit
nothing for the benefit of their clients and the pub
lie in general.
The nomination of Mr.. Lowell for Lord Rector Of
the University of ST. Andrews seems TO be seriously
meant A large meeting Of students resolved TO
support him, and if Mr.. Lowell consents to stand
there is every probability of his election. Mr.. NAL
locks TO oppose him. 1t cannot be great honor to de
feat Mr. Mallock but it is considerable honor to be
Lord Rector of a Scottish university. The Daily
Nees remarks of Mr.. Mallock that he has clever
ness but the results TO which his cleverness leads
him exhibit curious blending of the ethics OF
Theophile Gautier and the philosophy Of Cardinal
Newman" Mr.. Mallock. l should say, now per-
forms useful function, offering ready example
of the promising young man who has failed. Not
many years ago Catholicism hailed him as the
Youthful ST. George who was TO lay low the Dragon
of scientific scepticism But il is not the Dragon
who has been laid low.
Lord Reay was also named as candidate, and
would be a strong one. But Lord Reay, according
to telegram of this afternoon, has declined to OPP
pose Mr. LOWELL graceful act which will do Lord
Reay no harm either in Scotland or America.
Mr. Labouchere, unlike his friend and competitor
Mr.. Yates, says that he has very little sympathy
with Miss Hogarth in her protest against the pub
LEGATION of the Ouvry-DIckens letters, which first
saw the light in THE TRIBUNE. "Mr. Ouyry"
continues Mr.. Labouchere, twas just as good a
nudge of what ought TO be published as Miss
Hogarth is and il would seem that he intended the