The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-07-09

ing around that he is on his way TO
the room, beyond the hearing of the
court and out of its view, set apart for
Indulgence in VociferationS of chaste
profanity in accordance with prece-
dent established as far back as the
time of Lord Mansfield--that is to
say, he "cusses" the court--a fruitful
source of complaint being the alleged
allowance of technicalities to block
the way to decision of the case on
its merits, or that the appeal deserves
better treatment than a disposition by
per curiam order" Then a petition
to rehear comes to to be heard" and
if the former ruling be reversed. the
positions of counsel are reversed and
so it goes.
/ take it that this practice OBJ
tains in all courts; but beyond the
humorous side of the situation it must
not be regarded as disrespectful TO
the judges or as ground for proceed
ingS in contempt, but US evidence OF
the sublime earnestness of counsel In
the interest of clients and of their
conviction in the strength of their
legal positions; for it is said that I'm
our library of 1880 volumes the
diligent searchere can find a deluge OF
authorities sustaining almost every
proposition of law, except, perhaps. In
rare case of res integra No wonder
the custom and apparent necessity OF
consulting a multitude of books have
Increased the labors of bench and bar
and to some extent INSTRUCTED the
course of adherence to the great prin-
ciples underlying our Jurisprudence, as
expounded by the "old books" In my
Judgment no deviation from that
course should be encouraged, and no
ground furnished to give color to the
suggestion that in this progressive age
the law is becoming commercial
trade instead of retaining its stand
ard as a science and great philoso-
phical profession. If there has been
a departure, let us be swift TO return
to the landmarks" and repudiate the
nation that the great convenience to
judge and lawyer of well-prepared di-
gest3 of cases can in any sense be sub
stituted for the mud sills" of the law
Conditions may change, but the great
principles remain.
Causes OF Delay.
The inconvenience and irreguIari-
ties caused by want of promptness are
unavoidable and good
ground may be shown for the apparent
neglect. The press of business upon
an oVer-worked. inadequately- paid ju-
dicial officer. and the many engage
ments of counsel who is fortunate
enough to be burdened with clients OF
the paying variety, frequently operate
In arrest of an immediate performance
OF official or professional duty. Be il
however. that the longer
the delay in its execution, the more
diiilcult the work becomes by reason
IL may be of some intervening compli-
cations Our people are not Of the
commercial brand and. as rule. have
never heretofore been accustomed to
meeting engagements promptly. To
do so has been regarded as species
of seryility. An agreement to meet a
party tomorrow at a certain hour for
the transaction of some matter OF
business was considered complied with
by putting in an appearance the next
day, or on Tuesday Of next court on
which day. in former times the peo-
pie met at the county town. organized
a sort of clearing house and felicitous-
" adjusted their business affairs and
snapped horse" the latter custom
still obtains In some localities with
he friendly recognition of the law
yerg and the approval of the judge, by
Continued on Page Seven.)