The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-06-25
TO BENCH AND BAR.

The New York Court Of Appeals has pro-
CT aimed the startling doctrine that "the
forms of law should not be used to subvert
the criminal law of the State" The occa-
sion Of this departure from what has seemed
a settled practice was the consideration of
a motion for a new trial in the case Of
Jugiro, Japanese convicted of murder.
In denying the motion, the Court proceeded
to warn attorneys and counselors that they
are under duty to act in the admnistra-
tion Of justice, and that they cannot con-
sistently with their duty engage in vexa-
tious proceedings merely for the purpose of
undermining final judgments and defeating
the behests Of the law. To the average at
torney, so far as we may judge from prac-
tce, the doctrines laid down will be new.
Very few of them seem to think that an adj
vocate is under a duty to aid in the procure
ment OF justice. Their business is to win
cases. If they lose in one court, while con-
scOus that the result is Just, duty to their
Client they urge, requires them to take the
case to another court. If they lose in the
court Of last resort, the same duty requires
them to get a new hearing. The public is
shocked, or would be if not used to it, at
the proportion of cases which run the CANT
let Of the court and find their way twice or
three times into the Supreme Court. A de-
eision in that court is only good until the
court reverses itself. A technicality can al
ways be found upon which former decision
may be reversed. a New York paper says
that the case of JugirO has been appealed
three times to the higher court IN the State
ana twice to the Supreme Court of the
United States. The attorneys threaten to
take it to Washington again, and can only
be prevented by fear of cons equences. The
Court Of Appeals gives them something to
think of in the following:
II ought to be a subjecr OF inquiry, therefore,
whether they can thus become the allies OF the
criminal classes and the Toes OF organized s0cl-
ETY. without exposing themselves to the disci-
plinaiy powers of the Supreme Court.
Attorneys who exercise their ingenuity in
getting their clients free without regard to
the fac: of criminality have not regarded
themselves as the "allies of the criminal
classes" They seem to think. and possibly
do think, that they owe a higher duty to
their clients if they are criminals than to So
ciety. 1t is the "other fellows" business
to convict theirs to acquit. Experienced
law-breakers who have money invariably
employ attorneys who recognize no duty to
the public. They have no use for a eonsci-
entiOus lawyer who considers himself under
a duty to aid in the administration of JUS
tice. OF course it is in the power of the
courts to discipline INSCRIPTIONS attorneys,
but the power will not be exercised. IL at
tOTneys should act upon that principle one
half the courts would be closed within a
year and three-fourths of the attorneys out
of job. The Court of Appeals does well to
sound a warning. Its patience may natur-
ally be exhausted at the third consideration
of given case. The line must be drawn
somewhere, and if drawn at a third appeal
no very large number OF "allies of the GRIM
inal classes" will be debarred from prac-
tice.