New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-02-15
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS

y, his clients for which the merchant the physician,
even the preacher may well envy him. The Dis
honesty to which the writer refers IS not pccuhaN
one and does not refer to the m,maHacemeui oi the
vast moneyed interests in the hands of lawyers. IL
Il in relation 10 those inner moral qualities IN Wh'A
M man is capabe OF judging another; qualities when
are too ethereal to be reduced to material form 700
subtle to be moulded into dchl.'e SUPP
TOO. spiritual to he defined in the i"n
eiage CT men," The writer assert'-H snEI''
tive interrOgations assert anything I'M,
morality. in its finer and more spiritual phases ana
conscience in It's fainter and delicate prompneS
are comparativelv strangers to those engaged III an
active practice OF the law, while ihey arc - ,n
gagged, The charge OF even tins nooIueu anu ,1,,
naratvey mild form Of dishonesty l. based on .WNo
apparent misconceptions one I'm rialI0h 20 l!IL ""'
Ia tho prOpcr method Of conducting tein Nr NtrcIc
thinks that it is the duty Of LAWYERS - pe"cI ~,
wbose motives are good. He also considers II part
OF the lawyers duty TO disclose Iac'S auH P,,n,t
IN n better light reference 10 Mr.. Greenes Illus
traons may throw light on his IDEAS oi INC u"'S
Of lawyers.
"A man. says Mr. Greene seeks to be relieved
from the fuflment Of burdensome contract Decduc
at the time OF making the contract he was u"
days or a few weeks under the age OF tWehy'oho
wears How many attorneys are there at any bar
who on application for their services in the matter
would say TO that man: 1T is true that the law
will relieve You from that Obligation but Ill iolor
YOU are bound fulfil It, however burdensome IL may
be- You cannot retain my services in an cioll Oh 'h''
kind Contracts with minors, except IN certain c">c'
arc properly frowned upon by the courts becau9'
bows and girls are supposed TO be too lar SUBJECT %
the influence of older persons and so far lacking III
discretion that their contracts are not cnlor'eaOle III
the courts II any chooses then to trust minor
he rests his claim 10 recover not on any legal oD8d
ton but on which may or may not be supporter
by moral considerations \ person who under su'h
has IL
he desires TO recover it, rely on the good fath OF
the person who owes the money. If he goes outSHe
OF the province of morals and invoices the aid OF the
courts he seeks the tribunal and 1t Is not OILY
right but every lawyer would consider 1t duty to
see that courts used for purpose for which
they were not intended. The courts not de
signed TO compel the performance of every moral duty
but to enforce legal obligations. The same theory,
which is that universally held by lawyers applies in
The case of debts the collection of which j, sought
than six years after the debt is due. The qucs-
ton which the lawyer aud the judge have to decide
is not whether the money is due but whether the
case is one in which the law will enforce payment.
The duty of lawyer in the presentation of his case
III court is equally clear, at least to the legal mind
II is not u find every decision both
sides of every case but TO aid the judge
who will have the final decision of the by laying
before him all obtainable precedcnts on the side
which he is contcndins for Is correct. The judge
would not be aided but rather hampered, if in brf
cases which tended support opposite theory
from that which the attorney endeavOgrd 10 uphold.
Judges greatly desire the assistance OF able counsel
riVen case hut thai both sides having been fairly
presented he may be enabled t. decide 10 which
the greater merit Mr.. Greene refers 10 technical
objections made in criminal cases. II is true thai
most lawyers believe that is the duty Of the attorney
70 take advantage of technical questions in the inter
right that the guilty person should be punished. but
that he shall be convicted according 10 the strict
letter of the law y wrong admission Of evidence
person VINO was un4uestionab{ guilty. but lhc evil
Injury in other case. The safer rule to follow
IN the interest Of justice at large i to see not only
0hat justice Is done, but that it, adInnstaon Is cor
rect in principle and is not deyiated from IN any
l. business men or other members Of the community
and they frequently in friendly way advise clients
to their moral obligations; but when matter be
comes subject OF judicial controversy II mus be &c
cided according to the rules Of law and with those
morality in its finer and more spiritual phases may
have no more to do than with the question to
whether shall walk downtown in tic morning or
ride in a horsecar.
The Law Journal has been fortunate in the editor
whom it has secured to succeed Mr. Connolly, who has
recently been appointed an assistant TO tie Corpora
ton Counsel Wilbur Larremorc, who has consented
10 undertake the work is a of eX-Judge LarIem0rc
Although a comparatively young man. lie has already
an established reputation, both referee and Il
practitioner in the courts Friends of Mr. lauemore
have expressed apprehension that the dnIic, Of
this place would interfere with the continuance OF hs
law practice; but they need lave no such fears
Austin Abbott, as editor for many years OF The Daily
Register" which the predecessor Of The Law
Journal" demonstrated what an active indu- ti'uN
and able lawyer couh do IN mat way, W.thoul lh,cl-
fering with the conduct Of a large ana lucrative Ia"
practice Mr.. LarrcInolc Ia, tae methods AM tran.
duties Of the editor IF daily law journal are JIM
they do not necessarily absorb great deal of his
time each day In fact IN ne h,na, Oh sn'I hca a
becomes in reality relief from The strain OF strictly
professional labor, and a sort Of mental rccfeauon'
The fame Of our police justice, has reached even
to the insular EYti~her and London Law Noic,1
quotes some Of The Trbunes criticisms Of MAJ Or
Grants recent appointments. Law Noes ADDS ;
THE method Of appointing oar own magistrates is
not PERHAPS an ideal one. bUt-Wc Is TIN, one OF The
things they do better in America Perhaps it is
not, but Law Notes may remember that We have
not a Recorder who the Recorder OF London dl
rcceuty mat ne nag ao!.eu eI,Ct",t T"I M S
Judge -prsuminN 81 Mtitr 'ouI, " ,I i.,-
Guided. our magistrates clerks do not defend criminals
IN the trial courts. after the magistrate, with whom TIE
clerks sit have held the criminals FOR tdl' NO Zee
nor costs have any place M the administrator %
cuii"ns Of criminal, are not allowed. Their, are some
things which they do not do better IN England th'i
they do here.
The Law Reform Committee of the Illinoi, Bar AsSo-
citation made "A report recent meeting advocating
several changes in The law. one important nnova-
ton suggested was the registering Of titles 20 real
estate 50 that property could be Transferred at less cX
pense than under the present system. The members
OF the committee in their report gave details Of The
exuense of nScrring titles guaranteed 10y title
panc,, and reflected especially upon the custom Of
charging extra fees almost a. large a, the original
amornt every time that the prone tv in>arcd was
transferred from person u another or new mort
gage was obtained. The usual system # searching
by LAWYERS is scarcely moe expensive I'm the end than
the title guarantee system, and either 81 them makes
the burden of Purchasing small spots OF ground c>Ic
cially in the suburbs buricnsomc t. the purchasers
The Illinois LAWYERS suggested the adoption Of system
OF registering titles which is now in force in Australia
New South Wales, Tasmania and in some OF the Euro
pean counties. 1t Is an ingenious system under which
titles having trivial defects be rendered safe and
transfers may he made at small expense.
The Australian system Of registering titles is de
scribed in Tie Harvard Law Review \ land owner
who chooses to avail himself Of The Registration act
may. if he desires, apply 20 the EesistcrGcner1l
giving an abstract Of the title. the deeds. and certified