The news & observer., 1905-05-21
.UKPRINCIPLEOLAW-
YER A MENACE
By REV. WASHINGTON GLADDEN..

ligion We have found that religion is
indeed an everyday affair. In all the
callings we have studied we have dis
covered that when they are rightly
understood religion is found to be not
a mere accessory, but the root out of
which they naturally grow. 1t will
seem to some almost absurd that re-
ligion should have anything to do with
the business of lawyer. 1t is even
q question with many whether law
yer can be a reasonably honest man.
1t may be we'll for the lawyers, and
for the rest of US, to see whether this
is a sound judgment.
The laws with which the lawyer
deals are not, of course, Gods laws
in the same sense that the laws OF
chemistry or of psychology are; never
theleSs, they are attempts to transcrlDe
and re-enact the law of God. The
morality at which they aim can be no
other than the divine morality. There
is a theory that government has no
other function than to preserve order
in society. Even if this were accepted
the lawyer would seem to be a CO.
worker with God; for order is heavens $
first law, and he whose business it is
to assist in administering the law
which preserves order is in the service
of heaven.
But we shall not be content to ac-
cept the theory of Hobbies and Herbert
Spencer; we shall agree that govern
ment has higher and more sacred
functions. The state, as Lotze says, is
organized "to maintain a definite form
of spiritual culture in conference with
the past" This means that there are
certain great moral ideas on which the
nation is founded, which it must cher
ish and transmit to posterity. On
this its life depends. The ideas on
which this nation rests are liberty and
equality. But these ideas are not ul-
innate. Liberty and equality are
means to an end. The end of every
civilized state is the development of a
perfect manhood in q perfect social
order-the realization on earth of the
kingdom of heaven.
The law is the instrument by which
the state works out these ideas and at
tains unto this end and the function
of the lawyer is the right administra-
ton of law. If this is the work Of
the lawyer, then his business is essen
TALLY religious; his functions is sacred,
as truly so as that of the teacher or
the clergyman. The popular concep-
ton of the lawyers calling is as far
from this as the east is from the west.
A leading socialist writer declares that
"Our present method of administering
justice is that of warfare" and mas
y
kinds of subterfuges and tricks and
obstructions of justice are freely prac-
ticed.
That this too well expresses the pop
ular view Of the legal profession cam
not be doubted, and it is greatly to be
feared that the conception which the
lawyer himself most commonly enter
tains is not far different from this.
There are q great many lawyers whose
rpx n 10 CT
they have earned the reputation Of
being able to obstruct and paralyze
and defeat the law of the land-who
are recognized by the criminal and
predatory classes, rich and poor, as
their allies; the assassin as he Whets
his knife, the forger as he takes up his
pen, the burglar as he skulks in the
shadow, the rascally promoter or COR
pOratiOn Wrecker as he frames his
plots, thinks of these lawyers and is
nerved for his nefarious enterprises
Do not understand me to raise the
common question whether a criminal
may be defended by a lawyer. Ger
tainly he may and must be defended.
1t is no discredit to the best lawyer
that he defends the worst criminal.
The worst criminal must not be pun
ished until his guilt is established. 1t
is the interest of every innocent man
that no guilty man be punished until
his guilt is proven. The law is good,
even in the case of great criminals,
if a man use it lawfully.
1t is the perversion Of law, the abuse
of law, in the sheltering of male
factors from It's penalties, by which
many lawyers enrich themselves. AS
there is no service more sacred than
that to which the administration of
law invites good man, so there Is no
mischief more diabolical than that for
which the bad man finds in the same
calling his opportunity There is no
class of men in our society more
hateful or more dangerous than un-
principled lawyers. When we think of
the manner IN which some of them
have sold their legal talent to gigan-
tic plunderers. how they have put their
vast learning at the service Of men
whom they know to be bent on the
perpetration of colossal wrongs, it is
hard for any honest man to stand in
their presence and hold back the fam
ing word of Indignation. These abuses
of the law result largely from a de-
fective conception of the state.
If government is nothing but a po-
liceman; if it is only a combination of
greedy men to protect themselves
against one another, then the law,
which is the instrument of this COM
bination, is nothing better than q
weapon of war, and the methods of
warfare will control it's practice. If
we could, in some way, be made to see
that we are not associated solely or
mainly for the purpose OF keeping one
another from picking one another's
pockets or flying at one another's
throats, that we are the joint inheri-
tors of great memories great human
sympathies. a great faith in tie future
of man-that we are here united that
we may make this nation of ours the
nursing mother of noblest men-then
the business of making and admins
tering law would be lifted at once to
q higher plane and the scandals which
now bring a blush to our faces would
speedily cease to be.
How long will it be before the sense
of the sacredness of our corporate life.
of the divineness of our vocation as a
commonwealth and nation, shall take
possession of the hearts of our citi-
Zens?
Neglected colds make fat grave
yards" DR.. Woods Norway Pine
Syrup helps men and women to a
happy vigorous old age.
Bad blood and Indigestion are dead