The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1895-02-25
The plain naonla can heain the COM

plant by the foregoing quotations from
the lawyers, and can go on and lay the
responsibility against the lawyers by re-
citing the well-known facts that Congress
has always been ruled by lawyers, be-
cause they have been more than half of
each quorum: the same is true of nearly
every Legislature in nearly every State.
The lawyers admit the case forcibly as
follows: The mind of the lawyer is the
essential part of the machinery of justice;
no progress or reforms can be made until
the lawyers are ready. Their influence
at the bar, on the bench and in legisia-
ton is practically omnipotent.o
The people, and especially the juries,
are cleared from responsibility.
The witnesses, the lawyers, admit that
disorder is increasing; the law is not
respected; murders are increasing in a
terrible ratio. Seven thousand men were
killed in 1898, and 10000 were killed i'll
1894; less than 200 men were hung in each
year.
The lawyers are omnipotent, and re-
| forms will not be made until the lawyers
| are ready.
| Pooh-Bah was lawyer. He talked
himself into the office OF legislator.
| AS lawmaker he made good laws,
| but between sessions he successfully
broke and successfully defended these
same laws, according to his compensa-
| ton. These mental somorsaults resulted,
| as a matter of course, in his promotion to
| the highest office, that OF Judge. There
| he acted as referee over his fellows in
/ their comhats and alternately decided for
or against these same laws. it is related
Of him that he fought duel and killed
! his man; then he admitted that the law
| should adjust all private wrongs, and
| procured the enactment of law against
| dueling. Soon after, without waiting for
the laws delays, he slapped a mans face
and Immediately died. His will con-
| tanned some public requests, but the rest
| OF the bar wished to show themselves the
| equals. ii not superiors, of SO great a
man, and attacked the will SO savagely
| that it had to be settled by compromise
outside the limits of the court.
In ancient times all rules of conduct
could be settled by personal com bat. The
| law consisted Of that which could be
plausibly maintained by the use of all
of the muscles of the body, and not, as
now, by the use only of the muscles OF
! the tongue.
| A little man could hire big man to do
! his fighting for him. AS the system
! grew it was discovered that the profess
| slonal tighter always took large contin-
gent share OF his employers property,
| and that these champions had certain
class privileges to the detriment of the
| plain people. So they were abolished,
and justice was thereafter to be dis
pensed without fear, favor or cost by
officials who should represent the majesty
of the State.
Somehow we are drifting back into the
earlier system. AS 4 class the lawyers DO
not always improve the administration of
justice and sometimes they dehle the pur-
lty of the fountain. They should i'm
prove the ethics OF their own profession.
They should decide how lar an honest
lawyer may go in straining his energies
to acquit his client if the latter is clearly a
nrst-ciass scoundrel.
1t is proper, however, for the public to
say that the results are bad and that it is
high time for these readers of Blackstone
CT al. TO give the people more peace and
protection.
Many Of these professional fighters are
| good men and true. Some were knights
erraut IN olden times. May their tribe
increased May every man and his neigh
Dor be like that modern knight, a Abraham
! Lincoln!
To such the people appeal! Perhaps
they can enact that the defense of all ac-
] cused OF crime shall be confined to one
attorney, a public defender; the commu-
nifty has but one attorney and the purse
! OF rich scOundrels should not be used
against the State in selecting any, or all,
OF the bar for defense.
Perhaps the police may be given more
! latitude IN inducing" a man to confess,
Innocent men seldom suffer, but the law
is very imperfect and innocent men will
occasionally be caught as in railroad acct
cents. In TACT, as matters stand in the
InIted States, more men die by hand OF
! Cain than by railway casualties.
| The examination of the accused before
! ne IS given access To an attorney is a con-
/ tlnuatIon OF the family discipline. Moth
! ers usually give their boys q thorough
/ and private Inquisition before trial and
punishment by the fathers; and some of
US can testify TO the merits Of the system.
Perhaps, when women vote, we may
| have Judge Laura on the bench and. in
some way, she may reintroduce this ma
| ternal and homely procedure. The law
/ yers would lose some OF their substance.
There Is a precedent for this in a case
to be found in Shakespeare's Reports.
| There were ancient and we'll established
laws which gave a right TO a pound of
flesh. a claimant demanded his pound
/ IN court and was upheld by Judge Portia,
who awarded the flesh but Withheld the
! blood. The drawing OF the vital blood
| was assault with intent to kill.
| Are not the lawyers getting their bread
! ana meat by drawing the blood OF the
! community?
| Does not their pursuit of happiness and
HDerty result IN the destruction OF the
| liberty ana happiness of the community?
y certain class OF lawyers thrive on the
! defects OF the criminal law; lynchings are
! thereby encouraged and sometimes inno-
cent men die; always the plain people
! suffer.
The moral effect of the Shylock case
! has been excellent upon one class OF
! bread-winners and its influence should
! be applied to other classes also
a PLAIN PERSON.