The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-07-09
A LAWYER : TALK TO LAWYERS.

A LAWYER = TALE TO
The address delivered yesterday before
the State Bar Association by w Burton
Smith. OF Atlanta, was advanced and pro-
gressive to an unusual degree. yet it stop
pea just short of suggesting any remedy
for evils who's existence II clearly recog-
nized. Ar instructive feature Of the adj
dress was that in which the speaker
pointed out how much both the English
and the American people owe 10 the Ro-
mans for laying the foundation and, in
part, rearing the superstructure of the
common law. 1t is not unusual for the
whole system 70 be claimed as Of Anglo
Saxon origin, but this is clearly wrong.
AS the speaker said: The fact that for
400 years Rome controlled Britain. and for
l,lO0 years thereafter the only learned men
we're the Roman priests. and the only
learning came from those imbued with Ro-
man law. is enough to show that law 10 be
Largely responsible for the common law.
The further fact that what is called COM
mon law is unwritten and receives its bind
ing force from i~mmemorial usage, and that
its origion is indefinite, shows that many
Of its roots must run back TO and through
the period of Roman rule in Britain. The
principles OF the Roman Pandects. COM
piled in the sixth century from the opin-
ions. writings and decisions OF the old
Roman jurists. by order of Justinian,
found their way into England and left an
impress that has outlasted the Roman en-
pire by many centuries"
The general tone OF Mr.. Smiths address
was pessimistic in that he called attention
TO defects in the theory or practice of law
for which he suggested no remedy. He
spoke strongly concerning the cumbersome
forms and verbose phraseology that prevail!
in the profession. Gould a mechanic" he
said. hold his position in a machine shop
who wasted time in carrying out his work.
as a lawyer does in drawing a deed? Could
he excuse himself from the modern meth
DDS of work by saying the method he uses
has been followed from time i~mmemorial?
Could he disregard the uses of steam and
electricity because his forefathers had done
so? And yet we, the greatest of all pro-
f~essions, whenever we draw d deed or ap-
prove one. are guilty Of an act so absurd
that our clients could not for a day retain
in their, employ a mechanic who was SINH
larly stupid" Such an arraignment as this
OF obsolete legal forms and methods comes
with more force from a leading member
of the profession than it would from a lay
man, yet it is probable the speaker would
join with other lawyers in opposing a
| sin Vli Zoo tfop Of tho forpoc Of lon 70 o.
extent that would divest it of the mystery
that impresses laymen with a sense OF
their littleness in its awful presence. The
speaker also deprecated the blind follow
Ing of old presidents and ancient decisions.
but he did not attempt to show how they
could be got rid of.
As to the personal status of lawyers now
adays. compared with former times. Mr..
Smith thought the old-time lawyers had
the best of it. Fifty years ago." he said.
the lawyer was a leader with influence,
weight and power. yet if the ten leading
men of to-day in influence are named, there
is scarcely a lawyer among them" He
mentioned Pierpont Morgan. Rockefeller,
]. ]. Hill. Carnegie and Vanderbilt. leaders
y HHduCSs viz nave 5ASdlCi AniuclSC Nld
any lawyer who can be named. For a
lawyer this seems to concede too much.
Ii is doubtful if there ever was a time
when good lawyers counted for more in
great affairs and emergencies than they do
now. Most of the political leaders OF the
day are lawyers. The man who is making
more history than any other American is
Judge Taft. president of the Philippine
commission, and two of his colleagues on
the commission are lawyers. President
McKinley's secretary OF state during the
war with Spain and the chief draughts-
man of the treaty of peace. Judge Day.
was a lawyer. No person with a proper
appreciation of what constitutes true in
huence would think of rating either of the
railroad magnates or m~illionaires named
by Mr.. Smith above such men as the law
yers here named. The judges of the SUI
preme Court are welding more potential
and beneficial influence than any similar
number of millionaires in the country.
They may not fill quite as large a space
in the public eye for the time being. but
they are filling a larger space in history.
Great lawyers WELD as much influence as
thew ever did.