The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1905-12-23

nj ing VI the discussion Of my SUB. !
ANh ieot upon tho nteriis. I desire 20
submit a motion 90 require TIE pleader
to make his legations more definite
ana certain. Our association is COM
posed Of lawyers from both oklahoma
ana our sister dependency, indian Ter
ritory. As members from oklahoma. no
uncertainty exists. but as members from
Indian Territory We are led TO inquire
which bench" AS 70 the bar rcfcrreo
10 ia my subject. the REVERSE Is the
rule. no the members from indian Ter
riiory where but one bar exists, no un-
certainty arisSs but as members from
Cstiahon,a where "the bar Is so vastly
comprehensive, we desire 60 be advised
which Bar" desire 20 be further
advised whether II Is expcctcd that Ia
tho consideration Of "rhe Rcations of
the lscnch to the Bar shan discuss
facts ana conditions. or cuuine s--v r1
marks exclusively 70 theories. But in-
asmuch as my training and experience
in the last few ycars have better htted
na for expounding theories than dealing
WIN facts ] think l had better reverse
sha usual and ordinary rule Of the pro
fosslon aud discuss tho phase Of The sub-
ject with which I am most familiar
The relation OF the bench 20 tho bar
should be intimate, confidential, c0ur-
teous and friendly No lawyer however
able and skilled. can properly represent
his client and inteligonuy present his
cause to q judge against whom he Is
personally hostile. And no judge, how
ever just and righteous. can as Impair
italy determine ptopDsltious presented %
him by a lawyer ia Whom he has no con-
ildence.
A broad -girsEed intelligent consider
ate gentleman. AZ most lawyers are viii
not permit himself to become vexed or
display his antag,seism in the trial Of a
cause because Of the adverse rulings Of
the court lie can not afford 70 DO it,;
Il at once loses him confidence with
tho jury, and gives his adversary an
advantage which Is readily seized upon
Snd used TO his detriment
Neither VIII a well-balanced Judge
manifest spirit Of resentment OF pub
licly crlticiso the proper exhibition Of
zeal and energy displayed by the gentle
manly lawyer IN the trial Of cause.
The bench represents the very high
est type Of Intelligence and industry
The judiciary represents the safety valve
on tha great machine OF cieil govern
ment. the regulator on the powerful mo.
FOR that propcls the executive and legis-
Iative departments The bench must In
terpres the constitution, guard IT'S pro-
Visions and determine the limits Of its
inhibitions. The beiich must at times
defy public opinion and popular de-
mands and overthrow legislative enact
ments which violate personal or prop
erty rights Of individvals or is against
public policy.
1t has at times to stretch forth its
strong arm to prevent encroachments by
the executive or TO compel the perfor-
nance Of. or obedience t.. duty; Il mrst
protect the weak from the strong and
enforce the rights Of both. regardless Of
consequences.
The judge must be a man OF liberal
fnteIligence he must determine the most
intricate and scientih, questions relating
to mechanics. philosophy. surgery. ge-
ology. electricity. and other SUBJECTS
and make application of the modern
methods OF transacting commerce and
business 10 the ancient and settled rules
OF Jurisprudence.
A successful Judge must grow and ex-
pand With tho advanced age. He must
recogp.so the changes produced by adj
yancement Ia the arts and sciences and
brought about by a higher civilization
ana intelligence and .be able 10 inter-
prot the law and modify its require
ments consistent with reason and logic
80 as 20 meet conditions as they arise
The bench must consist % men Of
clean character and highest integri y.
While the courts are pure, the personal
and properly rights OF individuals and
OF corporations are safe. The judge Is
prominent and marked character iu
the community whore he resides. In
the same ratio that he ~ honOrcd and
respec ed. WIN government ba respected
and law and order prevail His con-
ucf should be an example for his fellow
man an an inspiration to the young
Above all the most important OF an. tbS
judge must possess patience and indus.
try; patience to bear with the punish.
melta inflicted upon him by jealous
but iil-informed lawyers, and industry Z,
delve among volumes Of decisions in or.
aef 60 ascertain which court in hi
opinion ma,sg most appropriate guess
with such a ~. n ,Nery true lawye
may and should sustain the most cor
dial. as well as conddent,al. relations
The lawyer owes the duty tc the bencl
that ho win az an times treat with cour
tosy and pollteness the judge bof0r
whom he appears ana treat with respec
the rulings OF the court A good law
yer VIII on rdverse rulings take III
exceptions and not grumble at the coui
or gr9w az his own mlsfortunes.
Tho most successful lawyer VIII n
his case 20 obtain favorable result
the trial court and not spend his tin
ana divert his aUcntion 10 making
record for the appellate court- lie WI
tries his case weu to - trial couI
and loses. has "a good record ~ the al
pcilile court. The lawyer who tries d
case mostly TO mo stenographer az
oniy occasionally 30 the court general
loscs both with the stonographer az
before the court
a mum learned in the law, OF hid
character and good morals. Is the mo
Important and valuable Citizen Ia al
community; he has the confidence
people OF an classes; he has entrusted
him vast financial and property int,
ess and business and dome1tic secre
he is man OF the highest ordor OF
togigence and broad learning lie mai
constitutions; cnucts laws. assis.s in
eoyene4eltel anairs; creates polid
and soeial sentiment: H. conservative
business "a safe advise and wise cot
sellor. he Is the friend ana counsel
OF the court lie never attempts 10 y
iead the court on questions Of fa-t..
VIII not argue a proposition Of hW
the court chat dcoa not commend N
10 bis Judgment as sound and applies