The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1888-04-27
FRIDAY, APRIL 81, 1888.
NEWSPAPERS AND LAWYERS.

In Harper's Monthly for April,
George William Curtis has some
sensible remarks on recent denun-
Citations of the press by some New
York lawers. He says =
"The press is the greatest public
power in the country. 1t is practi-
cally responsible only to itself, that
is to stay, to its view of its own in.
terests. Undoubtedly it depends
upon public opinion, but it is the
most powerful agent in moulding
public opinion. In its comments
upon trials and judicial decisions
the newspaper sometimes abuses its
opportunity and its power. But
the abuses and wrongs in the adj
ministration of law which it pre-
vents are infinitely greater than
those of which it is guilty. The
assumption that bar and bench are
moved by the spirit of Hooker's
familiar passage celebrating Law,
"Ier seat is in the bosom of God,
her voice the saving of the world"
''is magnificent, but it is not war;"
1t would be delightful as chaff at
the dinner of the Grand Jury, and
it is even more enlivening as grave
discourse before the assembled bar.
The orator has described in glowing
words the wrongs sometimes COM
mitted by the press; but he seems
not to have considered the greater
wrongs which its fore criticism and
censure arrest. What the press die
in the Sharp trial was to keep clear
y uvrurs rrrnn me acfnaI facts
and to insist that man undeniably
guilty should not go unwhipped o.
justice by any trick or mere techni
cality of the law. The forms of law
must be carefully observed, ant
judges are not to be denounced foI
observing them. But when stric
observance of Them tends to q plail
miscarriage of justice, it is higl
time to revise the forms. Th
course of the press fixed this trutl
in the public mind. 1t was onl
insisting that guilty man shoul
not escape by stretching the form c
legal procedure.
When q rich man went to his Law
yer and asked whether he coul
take certain course, his lawyer r.
piled that undoubtedly he coul
take it, but that it would land hi
in the State prison. 'EXactly,
returned the man; "now l want
know, how near / can come to j
and keep out" And the lawy'
told him and charged accordingl,
The revelations of the last four yea
have demonstrated that it is vel
profitable for lawyers to show Bnav
how much crime they can comm
without going tot prison. 1t
an Immense offence, an abuke
the profession of law much mo
monstrous and anarchical than al
misconduct which can be truthful
charged upon the press.
The course of the press in Il
Sharp case was undoubtedly gre
public service. 1t disclosed abus
in the legal profession which will !
less frequent hereafter. 1t taug
lawyers that there is another a
count, besides their bank accoun
which must be considered in Il
practice of their profession.
taught men, who believe that th,
can buy legislation and lawyers al
juries, that there is a press viii,
cannot be bought, and which W
turn the light of public contem
upon the names and characters
briber and bribed. A great orat
said scornfully of a great lawye
that thieves inquired of his heal
before they began to steal. 1t w
terrible arraignment, because
implied moral recreancy
one of the most sacred
trusts, recreancy to which ey'
The ablest and most hpnorah
advocate may be craftily solicite
A high-minded lawyer might wise
remind his brethren of the abus