The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1893-08-17
DUTY OF LAWYERS IN REGARD
TO LEGISLATION.
j. Allen Watts Address Before
the Virginia Bar As
ISOLATION.

]ect or in the treatment OF it. I am
we'll aware that 1t is vastly more easy
to criticise than to improve, to destroy
than to create, and that the effort to
improve by the destruction of time-hon-
ored institutions and the substitution of
the new has often proved disastrous,
and that che conservatism OF our pro-
fession has often been public benefit
in preventing the people from rushing
off to the worship of new and false
gods.
Granting all this, however, am con-
strained to say that, in my opinion. the
disinclination to change, the love of the
old, the established and time .honored
has been carried too far.
The student Of the history of our pro-
fession will be struck through all its
periods with this fight against change.
The collegiate training of lawyers was
bitterly opposed for years; the
| long, protracted ard unaccountable
| fight made for the preservation OF the
barbarous jargon, French, Law, Latin, is
one OF the most remarkable and yet
most characteristic Of the struggles Of
our profession. Growing into use
through the exigencies of the time it
became in the opinion of the profession
almost part of the law; abolished in
one reign and restored in another, and
even to this day phrases and words re-
naming in use. The fight over special
| pleading, the different kinds of actions,
procedure in chancery and at common
law is still going on. A sutton is still
denied justice if he appeals to the
chancellor when he should have ad-
dressed himself to the Judge, and is
| thrown out of court for no other reason
than that he filed bill instead Of n
declaration. although justice would be
subserved, delay avoided and the gen.
eral good accomplished by a different
To quote from the last number of
| Green Bag:
! The same officer sits as chancellor
and common law Judge and he deals out
common law or equity according to the
side from which he is approached. He,
therefore, resembles the heathen god
Janus of the double face, or Mr.. Fac
ing both ways in the Pilgrims Pro-
gress. BY an appeal Of his better self
he can mitigate the rigors of the com
mon law by the application of the milder
and moro benefcient principles of
equity. Like Mr.. Orator Puff he has 1.-TWO
tones to his voice. SO If he finds when
approached on his common law face
that he is bound to grant the demand of
the plaintiff, but feels that it would be
unjust and inequitable to do so, he NAV
allow the defendant to PROSTATE him
self beneath his equity face and solicit
him to restrain himself from pro-
nouncing the dreaded Judgment of his
common law mouth. 1t is like praying
the deity to restrain his wrath, but with
a moro appreciable result. A Vermont
lawyer, Hon. Joel c. Barker, OF Rut-
land, thus describes this marvellous
procedure:
LIN Vermont, where the same man
presides over tho county court and court
of chancery in the same county, we
often have the judge saying from his
high seat of honor and OF Justice to q
sutton: THE law compels me to decide
this case in your favor and TO award
you sum in damages, but such a judg-
ment would be an insult to Gods JUS
tice; you have taken wicked and mean
advantage of your opponent and your
recovery Is a wrong and sin, but your
adversary has no legal defence to your
inquitious persecution OF him; therefore,
as chancellor, | hereby restrain and
enjoin you from proceeding further in
your action and forcing me to do such
manifest wrong to your victim"
This description of the versatility OF
the legal judge OF all work reminds one
OF Steerforth's description OF Doctors
Commons in David Cppperfeld."
you shall find the Judge in the
nautical case the advocate in the clergy
mans case, or contrariwise. They are
like actors; now a mans Judge and
now he is not judge; now he's one
thing, now hos another; now he's some-
thing else, change and change about"
The violent acrimonious and pro-
tracted fight over the laws relating to
married women is another familiar in
stance. They could be multiplied
almost indefinitely. That they can be-
30 multiplied is not, in my opinion, a
credit to our profession. My purpose
here, however, is not that of q critic;
l am not here as a fault finder, and /
do not propose speaking in that spirit.
With all our faults the profession Of
the law is, perhaps, next that Of the
teacher the highest of all profe ssions.
1t certainly demands closer applica-
ton, brighter intellect and courage
and self-reliance to degree that is
unknown to any other profession. 1
recognize and appreciate its glorious
history, its battles for human right
and human freedom, honor and revere
its great leaders and take an honest
pride in being sn humble member of
such glorious company. I cannot
help realizing, however, that practi-
cally every department OF human knowl-
edge has made greater advancement
than have we. The wide domain of
science is rapidly extending it's
boundaries from the stage coach, the
sailing vessel to the steam or electric
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