Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-06-03
From Common Law of England.

In general, our substantive laws are de-
rived from the common law of England;
from various British statutes, ancient and
modern, and other foreign writings and de-
cisions; from various Maryland statutes
and decisions; from acts of Congress not
locally inapplicable to this District; from
such acts by their terms in force here and
elsewhere; from such acts applicable solely
to this District; and from many ordinances
rules and regulations Of our various forms
of municipal government. To these, of
course, are to be added the federal Consti-
tuition, treaties decisions, etc Our courts
deal largely with the laws and regulations
governing the executive departments of
the federal government, which are located
here. The local courts have the general
jurisdiction of every one Of the state and ter
ritorial courts and of all of them combined
and very much more; likewise of the infe-
rior federal courts throughout the Union.
Our system of pleading, practice and
procedure comes from the common law of
England, from Maryland from the fed
eral laws, decisions and rules, and from
our purely local provisions upon these sub
jects Many of our established principles
of procedure rest only in parole and cannot
be thoroughly learned and applied except
by actual experience in our courts.
We have many lawyers here who have
faithfully studied and practiced the prnci-
pies of our substantive laws and of our
procedure from the time they first opened
law book to the present and who are
past masters III (n6lr PROFESSION. Inelr
knowledge is the result solely of hard work
by night and by day for years Our best
lawyers are always and only those who
have devoted at least from fifteen to twenty
years of critical study solely to our local
system Their mental faculties are Of the
highest order, their application Of the clos
est character; and the results the best OBJ
tainable Their knowledge Of our law is
as near perfection the human mind can
reach or ever has reached In the entire his
tory of this District.
while we have many local lawyers who
are eminently qualified to fill the position
of whom would accept it, yet we have also
many other local lawyers who would now
decline it, If offered to them, solely because
they know that they are not yet qualified.
They know the stupendous difficulties Of
the office Good lawyers do not make pub
lie exhibitions of their ignorance; hence
they do not accept positions which they
know that they do not know enough to
properly fill.
Not Judge, but Pupil.
THE spectacle is always anomalous when
We see a man set to expound the princi-
pies of that of which he knows not. The
expounder-the judge-is in fact the pupil,
while the advocate is the real master. The
litigants must pay the expenses of conduct
ing this judicial kindergarten, nolens vo-
lers. Appearances are upheld as far as
possible, but the inherent weakness of the
arrangement is constant source Of rest
lessness and insecurity. Were 1t not for
the intense gravity of the matter, the situa-
ton presented by an outsider, with the COM
mission in his pocket, assuming the dignity
and knowledge required, and attempting to
tell US what our laws are, is not far short
of the ridiculous. We say little, but think
much. We are not mised We know while
he thinks. He stands alone in the darkness
of his ignorance. We alone can give him
the necessary light. What manner of law
yer Is 1t who will voluntarily place himself
In such position before the members Of
his own profession? What is the outside
man who has ever been born who can ex-
pound to us in a day what we have studied
and practiced and in part made for years
and years?
Again I ask, where can the President
possibly find such an outside man? Where
can he possibly find real lawyer from
outside, who will accept the commission?
Where IS the real lawyer from outside
who can conscientiously accept it?
In the interest. of ALL but not of any
particular candidate, let us have as our new
Judge one Of our best local lawyers, No
ordinary man Is eligible to Justice Bradley,s
mantle. 1t may be added that no one should
delude himself with the belief that our new
code simplifies our laws and procedure to an
outsider. The result Is rather the con-
trary. If one will read the repeal chapter
of the code he will observe its very narrow
ScoDe''