Omaha daily bee., 1899-03-05

time for the observance OF old world customs
and ceremonies and today we find hardly
a single custom to remind US OF the imposing
pomp and circumstance CT the British courts
OF justice.
The cardinal rule Of American courts and
the American bar is amply expressed by one
comprehensive word, viz, Business" The
simple but imperative rap OF the balif's
gavel e1eCtually calls to attention, and then,
u~ntrammeled by Evolutionary forms OF pro-
cedure, u~nhanpered by rules Of professional
etiquette, unadorned with official garments,
flowing robes and powdered wigs. and finally
unaggravated BY the jealous demands of
patents of precedence, and the envious bick-
erings OF the junior and inner bar, the
American tribunal, without frills or fun
merry, forthwith precipttates itself into the
bowels of the docket and proceeds to the
instant dispatch Of business.
In Great Britain and Canada the titles
rendered the judiciary, differ with the grades
OF office. For instance, the justice of the
peace shares with the mayors of cities and
towns the respectful address of your wor-
ship the LEGAL Judge ~reioices in the title
Of your honor" while the high court
Judges are reverentially approached under
the name, style and title Of my lord"
Embarrassed by Greatness.
Occasionally the extreme OF obsequious-
ness is reached, as in the case OF a Toronto
waiting maid who. bewildered BY the in
structions OF her mistress adjuring the luck
less waitress to address a visiting judge as
My Lord" startled the assembled guests
and the dignitary referred to. by ejaculat-
ing, as she stood quaking behind his chair,
My God, won't you have some potatoes
OF course no English turnkey would have
| Eruru bIaI nvar tho TINA Worn ..NyT ~
which rolls so glibly from the tongue of an
old country mental, but then the privileges
OF Canadian maids in this respect are sadly
circumscribed.
But the titles and honors incident to a
successful career in the practice OF law are
by no means monopolized by her majesty's
Judges, though, Of course, elevation to the
bench, being a life appointment, is regarded
as an honorable goal for the barrister's
ambition.
The legal profession in England is divided
into four classes, headed by the sergeants-
at-law and followed in successive degrees Of
merit by queens counsel, barristers and
solicitors or attorneys-at-law sergeants-at-
law "a corruption OF the ancient title
'servientes ad legem." in cOntradistinction to
the ordinary barrister or apprenticius ai
legem) wear a skull cap Of white silk, and
formerly enjoyed the sole right OF practice
in the court OF common pleas, but by a
recent enactment: they must share that
privilege with their brethren al the bar.
Queens counsel, who are chosen by the
lord chancellor from barristers OF sixteen
years standing. while they are the profess
sional equals Of sergeants, must yield place
10 them in social and state functions.
queens counsel wear a silk gown with a
distinctive hood, while a member OF the
junior bar must content himself with a stuff
gown, and sit without the inner bar OF the
court. Queens counsel are presumed TO be
perpetualIy retained by the sovereign, and
cannot, without a special license, defend a
prisoner. or in any way accept a brief
against the crown. Among other privileges
sergeants and queens counsel may address
the presiding judge as brother
Solicitors, on the other hand, are
OF a separate profession. and do not
class with the gentlemen Of the
long robe; they are not permitted to
plead in court except there be an entire
absence OF barristers. their work being more
the preparing OF pleadings, arguing pre-
liminary motions and instructlng counsel for
trial, for the professional dignity OF the
English bar will not permit OF personal
dealings with the client, all fees and in
structions coming from the solicitor, who
prepares the brief and hands it to the
barrister with the amount Of the retainer
inscribed on the back Of the document.
Fees Are Only Rewards.
In England and The colonies the merceuary
reward OF a barrister Is. regarded as a
qulddam honorarium voluntarily bestowed
By a grateful client for services rendered
and TO aid in this benevolent purpose and
at the same time spare the bushes OF the
recipient there was attached to the back OF
his own gown a small pouch or pocket, into
which the client could dexterously transfer
his acknowledgements. AS a barrister cannot
bring action to recover fees it is safe to say
the majority Of present day lawyers secure
themselves by insisting on payment in ad-
vance.
In British domains there exists an esprit
de corps and pride OF profession, the alb
sence Of which has been frequently remarked
by American lawyers with regret. In
America the court deals with unworthy
members Of the profession and settles the
claims OF aggrieyed clients as in an ordinary
lawsuit, but British bars invoke no judicial
aid; they have committees Of discipline
whose duty il is to report all cases Of mis-
conduct, such as uuprUfessional advertising,
undignihed solicitation Of business, dis
honesty, collision, etc. to the benchers Of
the inns, who suspend, reprimani and dis
robe at pleasure, though, Of course, the
courts may always be appealed 10 in the
event Of an injustice being done.
Four times a year, under a royal commits
sion, the judges go on circuit, holding an
assize at each OF the county seats through
out the country, and there the barristers
flock, in the hope OF r~etainers from the
solicitors who have briefs at their disposal.
In fact a young b~arrister depends entirely
for a start in practice on the recognition Of
a solicitor who will entrust him with a
brief and thus give him a chance to win his
spurs. The court is in charge Of the sheriff,
who. in full official uniform, consisting OF
cooked hat and belted sword and spurs, re-
ceiyes the Judge and escorts him 10 the court
room, where the bar is assembled 10 meet
him in full paraphernalia OF wig and gown.
Then follows considerable bowling and scrap.
ing between bench and bar, when the sheriff
removes his cooked hat 10 read the commits
sion Of assize, the court crier makes procla-
nation and business proceeds in order Of