The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1905-01-06
THE cLARKsBuRG rELEGpAM
LAWS RATHER THAN RULES.

WHiit' court - Op-iltd--eNtH the luugcf |
II looks 70 many a. if that is ltd,
bit inconsistent For instance. the
sheriff ia the man delegated to open !
the court and the judge must obey his
commands, and then after the court is
opened tine Judge may turn on the
sheriff and impose a fine, il the officer
mas not done what tne Judge believes
is the sheriff's duty as prescribed by
law Too much formality will make |
the state courts similar TO thc federal |
courts, wiare even the members of the |
bar are often so timid taat tney fail
to stand mp for the rights of their
clients.
There is no reason why the court Of |
one county should conform TO the rules
of another county's court The plae,
and the people should govern this. Wnat |
suits Harrison county might not suit
Mingo. Again, this new rule is said to
be an old one revived. Why 20 back 10
the old rule in civilized coinmunitiesY
Does it mean that civilization is not
Advancement Thers is suca thing as
going backward even in courts.
Certainly there is no reason why the
bar association SHOULD prescribe rules!
The court does not belong to the bar;
neither does it belong 10 the Judge.
But it does belong to the state, the peos
pie. No set OF men, he they lawyers or
some Others has right to say wat tae
courts snail be. Ii the laws OF the
state do not provide the manner In
which tine courts snail be conduct ID.
taen ii is mp to the Judge who presides, 4
We presume He is the man the people
have cnosen to conduct tn proc, edings
not the sheriff. and certainly not III.
lawyers. 1t appears to tine Telegram,
that, if there is uniformity in respect
to court procedure. it snould b. by leg
islation and moi by any body of lawyers
or any one else not chosen by the PEG.
pie. Also in this connection, if tae rab-
BILE does not stand UP. when the honor
opit NVhit NVHiSS ltt new run
the sheriff is to blame. and in the event
nc can not make them straighten tneir
pins, he is liable to a fine according to
the court, although 50 far as the Tele-
gram knows there is not woM in the
law defining That as one OF mis- duties.
Who fines himt II is tine judge. Where
does ne get the authority? Go fartnrr.
Suppose the Judge does not stand up.
The saeriff then commands him. Wat
happens? The judge reprimands tie
sheriff or else he fines MIN.
The judge has his duties. The sheriff
has mis-. One office is as high as tn
other, when it comes to a matter of
duty. Tae Judge may fine the sheriff
If ne is in contempt of court, and there
sne Instances, if liable. wnere the sheriff
may arrest the judge.
1t may be stated further that the
idea of this thing of standing, though
1t may be intended as respect ani cour-
tesy, is in reality an affair of aust.rity.
and there il no possible reason why that
should occur, Vita proper discharge of
duty on the part of Judge and attorney.
there is no occasion for it. Thu indre
VINO does mis- honest AMI CONGREGATIONS
duty has the respect and reverence Of
the public. So has the lawyer VINO pur
sues that course On the other hand.
wnen it comes to paying forced homage
TO Judge or attorney. there are many
htigsnts who are not sure that they
nave gotten, or will get. justice. Tnev
recognize the fact, that, when they en-
Ter court in the morning or opening
session, there is formality commanded
by the judge. Next. they observe tnat
deeorum has become so great among the
members Of the bar that ii borders an
fear and thus places lawyers in an EN-
barras5ine situation. of rather unn.ryps
the young attorney so that nj. clients
ease i endangered
Take, for instance. the federal court
There arr Just as many transcressors or
siola4ors. AZ appear in the state conrts
nut ONE way or otner thcn is scarcely
any one who goes into federal CONT. MOI
even the lawyers, who are quite snra or
anything, 1t matters not what mis- ca.,
may be--how innocent tine accused NAV
be or now strong case the LAWYER
may have. and yet the state bar asso.
citation has in its head an idea t. i'm
itate.
The state educational society mas jus.
a. mucn right to say wat the conIuc,
o. the schools of this state snail be 4 :
the West Virginia bar ASSOCIATION has
10 say what shall be done in All The
courts of the state and what snail pot
The educational association il BODY
composed of parsons VINO are granted
certificates by the state 10 follow thetr
professions. And that is the only right
the members of the Vast Virginia bar
association nave.
Until the laws of the state provide
let every court prescribe It's own rule,