New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-01-18
REFLECTIONS ON THE BAR.
DANIEL DOUGHERTY ON ITS INTEGRITY
AND INDEPENDENCE.
AN ADDRESS BEFORE THE STATE ASSOCIATION IN
ANNUAL SESSION Ar ALBANY.
fer TELEGRAPH TO THE TRrBUNEl

who had assembled to attend tho annual meeting Of
the State Bar Association. Martin W. Cooke, Of
Rochester president Of the association presided at the
meeting Among other leading lawyers present
Judges Parker, Mayham and Learned, OF the Supreme
Court: David Dudley Field. William II. Arnoux Luther
Marsh, Charles A. Peabody and General d. E. sickle
Of New York Homer A. Nilsou OF Psughkeepsie; James
f. Gluck and Daniel II. Mcmillan. Of Buffalo; Jshn f.
Seymour OF Utica the Right Hon. Sir John Mellor,
G, C., and Jsha wiaslow, Of Brooklyn
Tho meeting was opened by brief prayer
by the Rev. W. s. Smart, Of Albany, which
was followed by the address OF Mr.. Cooke
He gave the history OF the association tracing its grad
ua growth from precarsus infancy to q sturdy man
hood. The treasury has a balance OF $1,000
and the membership is strong and healthy. The
OF tho association in the Capitol are
convenient and more and more frequently visited
Some change desirable tho pres lent thsught In the
law which permits tho defeated party in difficult and APP
peasd cases to be sadded with heavy costs Other
abuses which tend to bring the legal profession in disre
pute noticed and the argument urged that the rem
edy fer these lay In the profession ITSELF
Daniel Dougherty. Of Philadelphia, read an address
entitled Some Reflections the Bar; Its Integrity
and indie pendence." He said in part:
with dlndence to touch topic OF extreme
dclicacy We enlist in our causes with fervor We
eager to win, but should remember that
bound to be alike faithful to the court to
tho client. The nsel who would knowingly dc
ceive tho court by quoting without qualification
authority overruicd reversed would surely forfeit
It's Confidence and the esteem OF the Bar. Yet l am
constrained 20 say that in professional experience
l have heard men of profound learning and unfair
nIshed honor in oral arguments In Appellate Courts
give undue prominence TO every fact in their favor
and slight II suppress, facts that tended against
them. This cannot DC excused 1t is violation OF
plighted faith. We should in court OF justice DC
faithful even to orr adversary.
The Bar owes duty to itself and the community
10 exert proper influence in the selection of Judges
Tha llp.- of eSSlO rise
scltish-l wish l uld add partSan-cons deratons.
Tho communicable peOple-should look TO the Bar
to guido tho choice. FavOrltism sometimes influences
GoyernorS and controls conceptions The Bar Leces-
sary knows best the capabilities Of its members.
Tho Executive ntrusted with this solemn responsible
ty would be influenced by the Bar in body stating
honor the merits Of those mentioned for the va
cancy. a candidate would rarely be elected TO the
Bench II opposed with unanlmity by the Bar II he
lack the requisite qualities though friend brother
tegrity, industry, patience courtesy ana unruhied
temper. While not insenSible to public esteem, he
should disdan to court popular applause lie should
DO whose firm purpose is to declare the law with
out ear favor or affection, who LOOKS for his highest
reward in his own conscience and in the veneration
that will accompany him through life and follow MIN
weeping to tho tomb.
A monstrous abuse is only now arrestlng public
attention. Candidates for the judiciary in both polit
ca parties have been subjected to partisan assess
mens amounting, 1t is alleged, to many thousands OF
tho purses who infest all the roads leading to
political preferment In our great cities. mat candi-
exiortion is an outrageous nlquy. This inevitably
Will weaken confidence, impair the dignity and may
corrupt tho judiciary Candidates may receive nom,
that they tho highest bidders. This smacks OF the
Pratoran Guard of Imperial Rome, rather than our
Republic.
TIE PRESS AND THE COURTS
approach subject Of supreme importance
It concerns us citizens we'll lawyers. 1t may
test the quick the honor integrity and independence
OF the Bar 1t IS, Shall the newspapers Invade the
sanctty of courts of justice, assa ltgants, intm-
of and
tho judgments OF courtsl Shall they, when they
deem necessary, 1t suits their fancy, or will in
crease their circulation, pour into community their
OF all earthly Instruments the press IS to-day the
most powerful fer good or evil Here in our free land
1t hotrishes In resstless vgor.- 1t is the right
OF political libertythe sleepess sentinel OF the peo
pies rlghts-the tocSn at whose sound mliliors VIII
rise by magic and defend the Republic and ovcrwhelm
IT'S foes. Yet may not the very power OF the press
strike the thoughtful mind with apprehension In
stretch liberty to license? Are there not now pub
LEGATIONS that outrage decency and DEFY the law Ihat
tho details of Gthy vice That spare neither age
fear ont the secrets of The hearth and heart and blaze
them far ard wldo, hat unfeeng world may gloat
at tho sorrows and msfortunes OF poor humamty
That burst the ccremens OF the TOMB ana harrow the
living by bes the dead
There are deeper wrongs from far higher source.
The great journals Of different cities are breaking
down the barriers OF tho past and assuming authority
to comment on, cfltlcSe condemn or appfoye OF pro
oedihgs pending IN cur courts OF justice They pour
cause They condemn the accused before the evidence
is heard, name the amount the verdict ought TO DC
and the way the jury will decide Judges compre.
bending the dIrefu results resist within the limits of
tho law this outrageous interference. Yet s to be
feared that now and then there may be those elevated
to tho Bench by favortsm, devoid OF experience tast
ing for the first the sweets OF popular applause, VINO
caught by the breeze will float with the current Try
tho case and sentence prisoners to please the press
Have we in the year Just past the majority
Of journals OF the metropos-all praise to the ex,
ceptionsleaders Of thought In America, teachers OF
the people, creators OF public opinion, newspapers
controlled and edited by gentlemen of learning wis
dom and probty identified with tho highest interests
newspapers whose combined circulation mounts 10
mion-in adherence OF abuses In the municipality,
in their determination TO uproot ongexstng corrup-
tion-have we not them go away beyond the
range OF legitimate discussion and nhlct the first
great blow ever struck In America al the pure ad-
mnistraton OF justicef
These incessant assaults too recent to require
They are burned into e pFa po2 or sVf
poison Of denuncatlon upon men about to be tried for
felony until tn, "vcinage" was one vast caudron OF
prejudice Week after week, men OF character called
10 court swore that from reading these papers they
woro untitled to be jurors and wero accordingly ex,
more TO secure twelve impartial jurors these attacks
read by tho summoned citizens some hs OF ss ,Gs
preudiced against the man they we're about 10 ny
During the trial the Judge was criticised II not 1e
press opposed Perhaps In the next issue he was
styled righteous Judge II he ruled as they wished
In some of the trials the names OF jurors were pup
shed as suspected In the last and most famous case
the Jury rendered a verdict OF guilty In thirteen man
utes Tho next day at least one OF the Journals dlc
tated that the sentence should be ten years. and
checked that tho verdict Of the jury was the work ana
trinmnh m the press. Ave, when Judge. whose
name deserves TO be printed In letters OF gold and kept
bright forever in despite Of the storm that he knew
would be heaped upon him: for good and weighty rea
sons-te case being ore OF first Impressions, the first
of the kind tried under Tho State Constitution the first
alleged brber over ndcted-granted the stay some OF
the Journals assailed his purity rsnsacked his career
insnuating IL they did not brand, him as orbe aker
Tho Court OF Appeals. calm as the lake that SUM
hers in tho Storm" patiently heard elaborate srgu
ment. carefully examined cited authorities studied
nrined briefs delberated fully, and without dissenting
Voice delivered an opinion that proved that an eiectVe
judiciary TO It's lasting honor will decide the law un
dsmayed by the 1ercest storm that ever DnrSt on an
American court | mention In sorrow. ana WITHOUT
comment that one OF the greatest OF these Journals
tho next day printed a woodcut OF Justice weeping.
and the words You can buy go deal OF law ~.
S1Oo OOOp with all Difference 10 these the g,ea.
journals OF our country. call you this liberty mna'
iI.a. - ,.ririiann ahnvn his fellow. citiZensI