The Montgomery advertiser., 1905-07-01

defendant, with reversal In US tayor. when proper and on questions or laW only. and new trial accorded 1t. If It so appears that uronanns the ne9a,vqai in 9Iawq was
 Tt will be replied, in answer to the last Inquiry, that section of our Con stitution, which says, that no person in Jeopardy of life or limb would ne violated by an affirmative. But can anyone be put in jeopardy by an ac- auittal erroneous In law; ana cannot Il statute expressly authorize to the state an appeal, as 1t now does on all con stitutionai decisions on statutes? IS not jeopardy derived rom second trial. when the frs tacquittal was based upon errors of law. one of the delu, sions of the law, which experience ana changed conditions demand should pc redressed?
 "A suggestion may be ventured in a one other respect touching our Judicial sys- tenn. By law. of quite venerable age, the power has been conferred upon tne Supreme Court and approved py ehaGt ment, for the adoption or rules TOT lts tn own and other courts of record. not Tn conflict with other provisions or Jaw. Such power is doubtless. necessary one, and also useful in saving mucn labor to the members of the court But should 1t not be then provided oy statute that no rule. which anected the merits of an appeal and preVente,ui 2 the consideration of such merits, shoulu
  by the party invoking it, or the court to the counsel for the party to be ar fected by 1t, with the privilege or cor recting any part of the record or any thing in connection herewith, as IS allowed by amendments in other courts
 Let not this be resented as adding to the work and duties of the court TOT while the rule may lessen & tneir laoor; n; their exalted place. and the enforce ment of the rule. as 1t now stands while restful to them, may result In loss of life liberty or propret,y ,sst to h,mi ana who has sought by appeal their better knowledge of the law: If correction by amendment so as to make presen- tation of the true merits of the case and have 1t considered thereon, IS need full and right anywhere 1t Is so every where. when courts are made Tor the purpose of seeking, hearing ana oeter- mining the truth.
 Disbnrment of Lawyers.
 The president then discussed the ef- forts of the Association towards the adoption of simpler and more ad- vanced system of pleading In civil ac- tIons and other reforms in law practice.
 Speaking ofSrregulaities on the part of lawyers he said:
 "At the twenty-sixth session effort was made to amend the disbarrment law then contained in sections 59S to 610. of the code, and this was after wards adopted by the legislature. This legislation seems to have met re- sponse in several quarters. By tn- quiries from some other bar associa- tions its necessity was felt elsewhere than here alone.
 Discussing this subject on Rage s2s g, Notes usese this languages: The am bulance chaser has indeed been too much in evidence lately. but the tenn porary prominence acquired will douDtiess soon lead to the practical extirpation of this species of vermin Considerations of public decency. as well asethe common sense of prospec- tive litigants. will cooperate with pro- fessional ethics In restricting, the op- less. the profession itself must in- crease its vigilance. The steps lately taken in Alabama are worthy of emu- Iatfon In other quarters. There the Bar Association procured the passage or an act making 1t a misdcmeanor and disbarable Offense for an attorney by his emmissaries to solicit practice. It is also made the duty or the state SO licitor to prosecute such offenders up on the complaint of the State Bar Association of its Central Council. The nigh character of the gentlemen comprising this counsel is sufficient guaranty that no prosecution will be undertaken where the facts have not been fully investigated, while at the same time 1t affords an assurance that no real culpTit, however prominent or of punishment. She value of this piece of Legislation is already shown by the fact that more than one of fender has voluntarily surrendered his license to practice. There may be similar statutes in other State, but