Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1891-03-06
An Uprieht .iudge-Lawyers.


An Upright tudge-Lawyers.
Next 20 The approval OF his own con-
science an upright judge should regard the
good opinion Of his fcllow-citizens. Especi-
ally should he prize az treasure inValu-
able the favorable Judgment OF the mem
beers of tho profession Of the law. Chief
Justice MLRsHALL's familiar declaration
that corrupt and ignorant judiciary was
the greatest curse that God could lntict
upon people is certainly true in the sense
In which that great jurst intended it 20 be
understood.
Good lawyers do not always prove upon
trial 10 be good judges. Nor do the most
learned lawyers ALWAYS turn out to he the
best qualified TO perform the functions OF
the judicial Office, though this latter was
said TO be DR.. BENJAMIN FRANKLIN's theory
on the subject when he proposed that the
bar should be authorized by law to elect
the Judges. The Doctor argued that the
LAWYERS knew who was the. best-quslified
man in the profession for the Office of
sudge and would elect him judge in order
10 get him out of the way. But this argu-
ment assumed what is not true-namely.
that the lawyer having the largest practice
would make the best judge,
Let us say as we pass along that the law
gers are in peculiar sense the guardians
of the liberties of the people OF every free
country-notsbly, the people OF England
and the United States. Sir WILLIAM JoNEs's
famous dictum that what constitutes q
State are "men, high-minded men. who
know their rights, and knowing dare main-
tain them describes the members OF the
legal profession better than it does any
other class in the community, because
their profession teaches them their rights.
Other men have doubts az 10 their right TO
do so and so, therefore. lawyers'oughtto be
more aggressive than other men.
Lawyers do not need to combine in order
10 get big fees, nor for the purpose OF COM
polling the young men just coming TO the
bar to charge for their services az much as
The most experienced and learned members
of the profession. II you call upon old
Lawyer BLACKSTONE TO take your case and
tell him that you can't afford TO employ
him at his price because you can Sc
cure the services Of young Lawyer MANS
yield for q much smaller sum, the old
lawyer will utter never q word Of COM
plant against the young lawyer. nor slight
him in any way because he had valued his
services at a price so low compared with
the foe which the old lawyer had named as
the least for which he would take the case.
The lawyers are able to be thus indepen-
dent, because the public can in most cases
form an intelligent opinion as to their
merits, whereas the public cannot possibly
do so in the case of the doctors, except
perhaps as to their surgical skill. So we
do not wish 10 he understood as censuring
the doctors for endeayoring TO uphold
the dignity and importance of their pro-
fession bv joining together in associations
formed for this laudable purpose.
We have said that the lawyers are in
peculiar sense the guardians of free peo-
pies liberties We add, notwithstanding
what we have just saidas to their high fees,
that the lawyers constitute the cheapest
defence Of free peoples liberties. They
are foremost IN every fight for the rights Of
men. They are not Hessans nor DUGALD
DAGEITYs. In such contests they throw
inside all mercenary considerations. They
become tribunes Of the people, and stand
unawed and unreduced in the presence of
kings, princes, pOtentates, and dlgnltaries
of every degree. There is always to be
found q Sir EDWARD CoKr who will not
swerye from tho line Of truth and justice
oven at the command Of a King. whether
this King be a monarch upon his throne or
JACK ClDE leading the rabble. Whether
the King who would wrong the people be
only an individual or King Mob the good
lawyer fights him TO the bitter end.
We have been led into this train Of
thought by the action of the bar of Rich
mond in recommending for the Office of
Judge Of the new intermediate Circuit
Court of the Omitted States his Honor the
present President of the Supreme Court of
Appeals Of Virginia, LUNsYoRD l.. LEWIS,
ESQ. Judge Lewis comes up to the re-
quirements of this exalted Office. When
he was elected 20 the high position which
he now holds we evailed ourselves OF
the occasion to express our qualification
that 80 good man had been selected by 30
bad party. We added that he would
never DO used as tool by any person in
his party, high or low, leader or
follower. Nobody esteems Judge LEWIS less
now than when he first assumed the judi
cial robes. On the contrary, he has grown
in favor with the legal profession, and now
stands higher than ever before, as ID
abundantly evidenced by the fact that the
Bar Association Of this city has deemed il
its duty to testify that he Is eminently
fitted 10 become judge of On appellate
court second in dignity only to the Su-
preme Court of the United States.
We know that there are other able and
reliable Republican lawyers in the Fourth
Federal judicial circuit. Maryland, Vir.
gina, West Virginia. North Carolina, and
South Carolina constitute that circuit
We could name some of these lawyers
But we viii not. We are satisfied with the
recommendation made by the Richmond
Bar Association.