The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-07-09


influence, if rightly eXerted can not fail
to have its proper weight in the enact
ment of wise and useful statutes.
We have been endowed with better ad-
vantages and supplied with better oppor-
tunities than the layman for the per
formance of this task. Our daily prac-
tice and experience is ever presenting to
us the deficiencies and imperfections of
the law, where any exist, and by reason
of these special qualifications it is
sacred duty we owe to the State and its
people to use our learning and experience
in procuring the adoption of good laws,
and the greatest certainty and efficiency
in the administration of justice.
We can never hope to establish a per-
feet system of law or Jurisprudence, but
by sufficient and well directed effort. If
animated and inspired by Il consecrated
purpose. we can at least set up one.
which. if correctly administered, will in
sure to each and every citizen the just
and equal protection of the law.
We should not and must not overlook
the Importance of having the best pro-
cedure by which the law is to be admin
istered and its remedies applied. 1t can
not be doubted that the repeal of the
ancient. and. in many instances, obso-
ete rules and forms of common law
pleading and practice has greatly facili-
tated the application of the principles of
law and equity to legal controversies,
ana has prevented the defeat of justice
by mere technical errors or inaccuracies
in matters of form which do not affect
the substantial rights of litigants. But
even now there are defects and imperfec
tions to be remedied before the law of
pleading and practice is moulded into
perfect system or adapted to the correct
administration of legal remedies.
But our duty does not even end here
We may have the best system of laws
and procedure devised by the wit OF
men. and yet, without an able and ex-
alted judiciary profoundly learned in the
law and endowed with the highest vir-
tues. we will not attain the end for
which we strive. the wise and unsullied
administration of justice. that justice.
which. Mr.. Webster said. is the greatest
interest Of man on earth.
We have been told that we may re-
pose secure under the shade of Il learned
impartial and trusted magistracy, and
we need no more.
Whether this is all we need it is not
for me to say but the claim that Il great
and good magistracy is the strongest
bulwark and defense of the liberty and
rights of the citizens cannot be inl-
pugned.
We should see to it that our judges
are men who, in the language of the eio-
quent Choate. not only know the law
and are upright and well intentioned.
but who will not respect persons III Illdss-
ment standing only for justice.
The judge should be so clear in his
high office that as the ermine rests on
him it can find nothing that is not
winter than itself"
The character of the judiciary can be
made to depend largely npon the intlu-
ence of the Bar, and, therefore, il we
have an inefficient judiciary we must
willingly accept our share Of the re-
sponsibility.
How shall our part I'M this great work
of legislative and judicial reform be full
filled! Individual effort, however well
exerted, will not suffice to secure and
maintain Il good system of laws or an
able and upright judiciary. Each lawyer
CHI 40 SoUuelulIS, DtIHdpS,
towards this end, but only by organized
and concentrated effort can we hope to
attain the full measure of success.
The Bar Association is the ideal, if not
the only plan, that has been devised for
this purpose, and if well organized and
conducted upon basis that will en-
force or insure submission to its authori
ty and discipline | can conceive of no
desired end, land. at the same time, of
elevating and ennobling our profession
by the adoption of better rules and
standards of honor and courtesy in our
daily practice and methods.
Chancellor Kent thought that com
pact organization of the members of the
Bar was essential to the proper support
and maintenance of an effective system
of Jurisprudence.
In his address to the Bar Association
of the City of New York more than a
half Century ago, he used these words:
when we consider the powerful infiu-
ence of the lawyers in our country, when
we consider that to them is committed
the great work of sustaining, if | may
use the expression, the machinery of our
Jurisprudence, when we consider the
ulSutH Responsibility TeStlHS upon InCln,
when we recall the prejudices and oppo-
sition, and l had almost said hatred of il
powerful class of people, we see at once
the necessity of combining sOur intu-
ence, our strength our eloqence in
body or society that shall resist all OPP
position, ard strengthen their work in
sustaining the great fabric of our juris-
prudence. by bringing to it's aid the
powers and influence resulting from as
sociation."
This strong and impressive language
of an eminent jurist which describes a
situation not much unlike that which
confronts us. clearly and eloquently sets
forth the advantages of organization in
any effort that is made to advance and
promote the science Of law and jurspru-
dence which so materially concerns the
interests of the State, and the welfare
of her people.
In this connection we cannot do better
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