New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-04-22
Thirty-fourth Street.
ETHICS OF THE LAW YER
Justice Bre5cer Says Court Is No
Mere Intellectual 4r6Ha.

Justice David ] Brewer. Of the United States Su-
preme Court and Dean Klvchwey. of the Column
bia Law School discussed Law and Ethics yes
erdav morning before the Society for Ethical cut
tIre I'm Carnegie Hall The former particularly
stanch In his support OF the legal profession which,
he said was too frequently and wrongly attacked
NO man IS so good that he cannot b" better.
said Justice Brewer and there is no profession
whose thought and lie cannot be improved. ana
there is profession which makes a stronger ap-
peal 70 It's members 20 come up higher.
''Dr Lyman Abbott has divided the advance OF
the race IN three divisions -despotisr individuaiism
and the coming age OF fraterualism. l do not like
the division. I think there really but TWO steps
-despotism and iudividuaIIsm. Dcspotism where
one man controls others. and indy idualism. where
each controls others.
Society owes 10 every one OF IT'S members jus
tee and the lawyer IS the appointed agent 10 Sc
cure that result Justice IS his function. Whether
prosecuting defending. whether lawyer or judge.
IN his Office IA the courtroom. hc acts not for
himself alone but for the community. and s. doing
the work OF the social organism. Ills business is
20 make a living. but the law is something more
than business-it IA "a profession. and that TO
which society the administrations OF Justice
But society seeking justice never ask for
wrongdoing to accomplish II. II does not call upon
Il lawyer TO be dishonest and play the scouudTel
10 secure his client justice and vlndicaton. Some
times It demands unjust punishment and then the
lawyer defending his client apparently acts against
his obligation the public But really he Is dis
charging his duty society for lie is striving to
from q that which It rlghtfulIy justice
the individual
NO of social body can rightfuIy do that
which il would be unjust for the body to do as
whole. The Golden Rule is not limited 10 the home
but extends TO the nation aud humanity The
obligations OF society are founded upon H. Cur
public charities the laws regulating social conduct
including therein our penal laws and the ever in
all individuals in H. our highest ideal Of society l.,
OF one IN which absolute justice obtains Tn" true
community cannot be divided into two classes one
serving the community ana the other serving il
The courtroom should be something more than
a mere arena wh%re intellectual athletes meet.
striving 10 trip and throw each tho other The
judge is something moe than the umpir, OF a de-
supreme thought tha establishment OF Justice 4
verdict won by a lie is disgrace to the counsel
Justice Brewer then condemned tho Eiyyyer win,
permitted his client to deceive the court but added
yer could NOT escape the temptations. The lawyer
Dean Kirchwey said ne found himself placed
land ana for the lawyers TO whom the admins
tration OF justice had been committed lie had
ties OF the law. nor was he there to defend the
c0 ipii a%yeIi nor the not inaptly called
upon the profession that it's members would seek
TO Justify wrong AMI oppression and make ne
worse appear the better reason He mphi maj i'e
continued the dean. what lawyers termed plea
OF confession and avoidance. but the LAWYER like
the soldier was set TO do the rough work OF the
world
Dean Kirchwey spoke at considerable length Of
the pupics standard Of ethics and morals and
the leniency with which It viewed other nrofee
and the strict Interpretation It placed mon
the morals of the lawyers The public ne said
had two standards of morals one for use ana
the other for ornament, and they were as far
apart, he SAID as the ethics of the Stock OK
change and the Sermon the Mount
The solution. the dean said. plain. The law
yer had before him the task Of recreatng and adj
1ustlnB 10 meet the new conditions life ~
who had moulded the law into a weapon for IN,
defence of the individual must recast it into a
weapon Tor the'defence Of society. Having created
a new race OF strong men, he curb them that
they 90 not become a menace to the community
You DO well to hold the lawyer TO a strcter
accountability imam his brethren IN other profess
slons said Dean NHchWey. ITO him mas been
F. committed the divine task OF making Justice
which is ghteousness-manfest I'm the laws AMI
institutions by which men live and If he he faIes
TO that sacred trust. let him be anathema