Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1895-11-03

The discussion by Hon. John A.
Howard and Col w. w. Arnett upon
the thoughtful and meritorious paper
read by Mr.. Forest w. Brown recalled
forcibly to mind some thoughts con-
tanned in the annual address of Presi-
dent w. P. Hubbard. In the course of
his remarks, Mr.. Hubbard said:
THE training and experience Of a lawyer
are such as to interfere with his ndivdu-
ality. In turn he represents all sides of all
legal questions His training thus Is mani
fold and while the field of his research is
hroadened. his excursions into il are more
frequent and diverse. but they are neces-
sarilv less persistent and their results less
permanent. His Investigations In his daily
practice. too. are guided by the course Of
associate and opposing counsel and con-
tYOlled by the influence of the Judge.
Another hindrance may be found in
the fact that most Of us are practically,
though perhaps unconsciOusly, on both
sides of the same questions. Take the
laws delays for instance. Half the time
they favor our clients, and as lawyers
grow olderand are more often found on DO"
defendants side than on the plaint'f'r
II may be that more than half the two
the practical instinct of such lawyer is
content with the present state of afr ii~-
''The lawyers individuality must be d.
Welcomed in spite of his methods of work
and what seem to be his personal inter-
"Tbese meetings of the profession serve
10 Introduce us TO a broader clearer view
OF the real. deep interests OF the profession
and the public. If they do not also serve
A. initiate and secure sweeping reforms
tbev do at least in time bring us to appre-
ciafe the efforts of those who are willing
and able TO accomplish those labors If
"a LAWYER has the courage and genius TO
rof ont of the rut Of everyday practice;
IF he takes time from trying cases TO write
a book or draw a general statute, to at
tack an abuse or try 10 reform n practice,
ne ought to find. ana sooner or later Will
end i'm an association of the thoughtful
MEMBERS of his profession that encourage
mont and aid 10 which he has a right.
That association VIII welcome men such
NJ the Grecian State used 70 ask OF Sparta
Tor Generals. Emerson reminds us that
,tbev did not send TO Lacedaemon Tor
r0onder" and PausaniaS or BraSldas was
Jisnatched by the Ephors.
The idea sought to be conveyed by
this citation is. that Mr.. Howard, when
he gave voice to sentiments conceived
nv Col. Arnett to be violently antagon-
ietic IN the criminal classes-to the de-
PENDANT on trial-did not speak as a
prosecuting attorney, endeavoring to
chang his man" by hook or by crook.
He did not. perhaps. even speak as a
LAWYER. but rather gave voice TO the
growing popular SSu1lliOAO 81" ''S
among thinking men, at least-that IN
der existing laws and existing forms
of nractice the defendant has a great
advantage. and that. as a result. so
cietv nj large is inadequately protect
AGAINST the class called criminal Some
what broadened for the sake Of easier
statement and comprehension, he would
have il recollected and kept prominent
" I'm mind that the criminal, by the nat
ural operation Of his lawless act, puts
himself in antagonism 10 society. and
thus deserves far less consideration
than he now receives. As a result, the
law fails. as was pointed out by Mr.
Brown: Justice fails. was as pointed out
bv Mr.. Howard. and "the best element
Is impelled 10 get up a lynching. as was
pointed out by Mr. Ewing. Col. Ar
nett's proposition is perfectly defensi-