The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1905-01-13

-. ,.s.,.ai
Iisw. TOO much formally win make
| tlie state courts similar to TIE federal y,
4 Schrts;s waersseyen tie nsein6sfs d the
bar are often so ti,nid that they fall
Ito stand up for the rights Of taeir
There Is no reason why the court q
ono county should conform TO the rules
Of another acounty's court. The plae-
and the people shonll govern tais. Wat
suits Harrison county might not suit
0iingq5 Again, this new rulesis said.tof
be ansoll one revived. Why 60 back 10
the old rule in civilized communitissI
Does II mean that civilization is not
Advancement .There.is -uca a thing as!
going backward even in courts,
Certainly, tiiprc is no reason why the
bar .association snoull prescribe rules,
The court does not belong to tae bari
neither does IT. belong 80 tn judge.
But it docs belong to The state. the PEG
Iple. No set of men, BE- they lawyers. OF
some others, has a right to say what tnei
courts saall be. n the laws Of taea
state do not provide the manner: u
which tho courts snail be conducted,
then it is up to the Judge who presidssi
we presume. He is the man the people
have CHOSEN to conduct the proceeding
mot the Sheriff. and certainly not 4ais'
lawyers. 1t appears to tine Telegram;
that. II there is uniformity in rsspest
to court procedure II SHOULD be bySaeg-.
islation and not by any body of lawysss
or amy one else not Shosen by The .peo-
pie. Also in this ohRectioa, Il tae fab-
BE does not stand up when ~ honor
able. court comes in, under tine new rule,
tine sheriff is to iblhme. and, in the event
srlss-cans not make 4hem straighten staeir,
pins, tceiss liable TO a fine, according Is
the court, although so far as the. Telc-
gram knows there is not word IN Che
law defining That as one of mis- duties.
Who fines him. 1t is tine judge. sWhere
does ne get the authorityi 60 fartaer.
Suppose the judge does not stand up.
The Sheriff then commands him. WHAT
happenss Tine Judge reprimands the
sheriff or else he fines MIN. 4
The judge has his duties. The sheriff
has mis-. One Office is "a high as ta+
other, when it comes to matter OF
duty. The judge nny fine tine sheriff,
If he is in contempt of court. and there
ans instances, if liable, wacre the sheriff
may arrest the Judge. ~
II may be stated further that. the
idea of this thing of standing, though
IT may be intended as respect AMI cour-
tesy. is in reality an affair of nustarity,
and there is no possible reason why that
should occur. With proper discharge of
duty on the part of Judge and attorney
there is no occasion for 1T. The Judge
vac does mis- honest and conscientious
duty has the respect and reverence of
the public SO has the lawyer WHO pur.
sues that course. On thu other hand.
wnen it comes to paying forced homage
to Judge or attorney, there are many
litigants who are not sure tnat thew
have gotten. or win get, justice. They
recognin, the fact. that, when they en-
ter court in tine morning y OF. opening
session. there isaasformality commanded
by theeiudgs. Next. they observe that
decorum has become so great among the
members of the, bar That 1t borders on
|3fear and thus places 9awycrs in an en-
harrassing situation, of rather nnnsryes;
the young attorney so that mis- clients
case is endangered.
Take for instance, tae federal court.
There are Just as many transgressors, or
violators. Us appear in the state courts.
but ONE way or other ther, is scarcely
my one who goes into federal court. mol
even- the. lawyers. who are-.p,ite sure OF
anything, 1t matters not what his cas-.
may he how innocent tine accused may
abs, or now strong a case the lawyer
may nave, and yet the state bar osso.
citation has in its mead an idea TO im-
sitate,
The state educational society mas ins'
as much right TO say what the conduct
AN SGT