St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-03-22
list by throwing the dust Of scandal is pro-
cedure hardly recognized in the code Of legal

| list by throwing the dust of scandal is pro-
cedure hardly recognized in the code of legal
ethics.
An attempt to excite prejudice in the mind
of judicial officer is an effort to poison the
fount of justice. Without extending the an
alysls, 1t becomes apparent how foreign to the
due and proper conduct Of judicial proceed
ings are the personal examinations and re-
examinations, the comments churlish and re-
torts discourteous. commCely designated by
the term personalities" Aside from these
considerations, the controversies to which I
have adverted render the conditions surround
ing any investigation wherein they may &C.
cur disagreeable to judge, jury and all others
entertaining just ideas of propriety who may
be present They detract from the dignity of
judicial proceedings. Furthermore, they tend
to diminish that respect on the part Of the
general public for the legal profession, which
1t should always be the aim Of members Of
that profession to inspire and to maintain.
The traditions Of the legal profession re-
quire Of counsel appearing before the court
high degree of courtesy and chivalrous
elevated and consistent effort to promote JUS
tice.
In conformity with these principles the
statutes OF our commonwealth, defining the
duties and obligations Of counselors at law
(Gen. Stat. MIMI, A. D. 1894 sec. $3.50, pro-
vide that such counselors shall abstain from
all offensive personality and to advance no
fact prejudicial to the honor or reputation Of
party or witness, unless required by the
justice, of the cause with which he is
charged
This obligation is assumed under the sane
ton OF an oath couched in these words,
viz:
the constitution Of the United States, the
constitution Of the state of Minnesota, and
that will conduct myself an attorney and
counselor in the courts Of this state in an
upright, courteous and gentlemanly manner
to the best OF my learning and ability, with
all good fidelity, as we'll to the court as to
the client; that | will use no falsehood or
deceit. nor delay any persons cause for lucre
or malice. So help me Cod
Upon hearing the examinations INDUCED in
by counsel in the cause mentioned l directed
formal investigation regarding the truth
of such ordinations, to the end that, if
found true. the bar might be edited by the
application of Salutary discipline to the law
yer thus convicted. Among lawyers the same
code of honor prevails as among other gentle
men. And that code provides that the ut
terance Of an accusation carries with 1t an
implied assurance of ability and willingness
to prove such accusation. Otherwise the &C.
cusation, although offensive, would be utterly
vain YoX ct practerea nihil
Acting upon these principles, took official
cognizance of the informal accusations made
against ]. NJ. Hawthorne, Esq, and ordained a
formal investigation affording ample opportun-
ity for presenting and verifying such accusa-
tons. The accuser has, much to my regret
declined to avail himself Of that opportunity.
No formal charges have been presented; and
Willingness so to do has, by written docu-
ment deposited among the records Of this
court, been expressly discaimed. The inyesti-
cation has, therefore. come to naught, and
Mr.. Hawthorne is entitled TO be held as guilt
less and such is my decision.
1t is my hope that this incident, serving as
it does for an illustration OF judicial disappro-
baton of unprofessional personal elimination,
may prevent repetition of the scandal in
which the incident had its origin.
No positive penalty or censure will be i'm
posed upon any individual in this affair.
Courts should, far possible, follow
benign and conciliatory course in regard to
the conduct Of their officers, trusting to admo-
milton rather than to compulsion, in the hope
that so far as concerns members Of learned
and liberal profession, they are open to that
benefcient influence necessarily exerted by
reminder Of the honorable obligation which
their professional oath and professional status
impose upon them as ministers Of justice.