The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1894-05-01

Orleans.
One of his services on the public side
clergyman has been tainted by .
homeopathic dose of the poison Yet
still claim forour profession that, rel
atively speaking, it is as high in COM
parison with the rest of the community
as ever.
.'3. Much Is said about the decline
of forensic eloquence. but the PROPOSE
ton that true elOquence is losing its
force and power is not. to my mind,
true. Elosuence can never die or fail
of its effect, il it is real eloquence;
that is, such form of speech as is best
calculated to rouse and stimulate the
dormant passions of men. Demosthenes
was eloquent, and so was Lincoln;
their style Of oratory was different
because their audience was different.
The true orator will now produce his
effect whenever he has found and is
able to use the key which unlocks the
breast of his listener, and subjugates
that listeners viii to his own.
"a. do not think that codification
in New York has been a success. The
code of civil procedure has grown from
a tiInid shrinking baby, dressed IN
three hundred or four hundred brief
eections, into an aggressive, self-sufi-
Gent octave that has puzzled the
courts, bafaed the lawyers and ruined
the clients for half century. pre-
sumo, however, that prescription has
given it place in cur system, and that
no efforts on the part of the bar. or the
community, will dislodge that code.
LAS to the criminal code, it has prob
ably worked reasonably well. AS pun
ishments are arbitrarily fixed and
should be certain, it is reasonable
enough that an attempt should be
made to formulate into code form the
criminal law of the state. As the
judges of our criminal tribunals seem
to be satisfied, l presume, that, with
occasional notifications, that system
will endure.
'As to the proposition Of enacting
our common law into a civil code, I
think that the good sense Of our peo-
pie is opposed to it. II it has taken
hundreds Of volumes of judicial de-
cisions to constrce rules of practice,
what would il be If all the relations
and interests Of the citizen were de-
termined or sought to be fixed in a
single code? Where would be the
certainty of such a code, with an
annual legislature tampering with
every section upon the slightest provo
cation? How would the system be i'm
proved when the judges undertook in
lengthy opinions to construe the sec
tions? And how long would 1t be be-
fore the language of the code itself
would be lost sight of. and justice, dis
couraged and baffied, would go back
to the old system to search. for truth in
the decisions Of the courts? It seems
to me that until the evils of our
system are proved to be very much
greater than they are, we should bear
with the ills we have rather than fly to
others we know not of.
G''Empirical attempts upon the health
of our body polite are too risky and
expensive to be conducted without
great circumspection. It is usual to
cry that lawyers are opposed to code,
because it would bring the law within
the reach of the layman, but no per.
son of average intelligence and ordi.
nary fairness viii believe this. If he
does, our experiment that have
alluded to above in the way Of code
procedure ought to send him off with
silence and shame into solitude and
penitential meditation.
~. see no objection to the admis
sion of woman to the bar, but do see
great injustice in excluding her If she
Is fit to assume it's duties 1t may be
that she may help to 'overcrowd the
profession but that Is no answer to
her claim. Why should she not, II she
has the ability, seek for an honorable
livelihood in the same ranks with heI
male brethren2 Portals may not be
common. but why should not every re-
fined and intelligent woman have q
chance to become one If she likes? II
is indeed a weak and pitiable plea on
the part of man to say that there Is
no reason for him to expand and grow
fat, and that therefore the weaker
bodied sisters must be left out This
is mans argument, but not a manly
one.
10. What amount practitioner of
ordinary ability. education and good
fortune may expect is question Chat
does not admit of any answer. What
do you call ordinary good fortune, for
instance? Does It Imply good luck,
wealthy relations, an honorable name
and other elements. which, happily
used, may lead to success? The scale
is a wide one; the gamut runs
from nothing to an annual for
tune. There are lawyers in the
large cities-I speak especially of
New York-whose ANIMAL income
would be respectable estate OF itself
There are others fairly intelligent and
well educated who would be infinitely
better OF, as frst-clsss artisans. Men
are born free and equal. says our Dec
laration Of Independence. and truly,
bu. after they are born the rule stops
running. The blind goddess and :he
chances OF life create different oppor-
tunities even for men whose claims
would seem to be equal When you
consider, however, the enormous di-
versity IN the gifts Of men and the lot
terry OF favorable chances, 1t is wise TO
stop guessing.
III. Arbitration has shown ftseh .
simple and easy process Of reaching .
Of disputes without delay
and expense. II has found favor with
the various associations OF men who
ere united for business purposes The
eksrges which Il has
Of late years been fashionable 70 make,
The desperate attempt OF young men 70