New-York tribune., 1907-09-01

torney. after his clients claim has been duly pre-
sented TO the Controller. will omit to state tnat
fact in his complaint when action is begun IN tne
courts 49,, ;.,. =.
when he observes this fatal omission in the forra
papers? Does he go to his fellow practitioner ana
cali his attention to the technical error on the
theory that the city does desire to deprive any
honest man of his just dues? Not as rule HE
carefully draws his answering papers IN the man
ner best calculated to prevent his adversary from
becoming aware of the error. and, if possible. he
delays the trial until the claim IS legally barred
by lapse of time.
Then he lets the case crawl up to trial the
calendars. and after a jury has been impaneiled
he unmasks his technical objection batteries ana
shoots the of court with costs against the
claimant If the creditor is not absolutely parrei
he begin his proceedings over again. but
rather than do this he is usually willing to COM
promise.
Now the counsel for the city and his assistants
are usually lawyers of high standing. but the facts
above recited OF not uncommon occurrence
Possibly this is of the things which it would
be better not to speak about But better for whom?
Criticism in the case last mentioned would prob
ably be met with the answer that the unfortunate
claimant had a poor lawyer, and that the counsel
for the city could scarcely be expected to act as his
gests that If some lawyers know too little others
know too much for the sake of decency-
One hears much virtuous denLnctation of the am
bulance chasing Shysters but 1t is not those IRE
sponsbIes, but certain thigh toned expert de-
tenders of negligence cases. who afford the most
dangerous examples of moral oblfuuity known to
the profession These gentlemen specialists in
the particular branch of the profession which they
have chosen. They usually know more about the
details Of accident law than their opponents. ana
they frequently know more than the judges them
selves.
Now let us suppose the case of a passenger Grip
pied In Il railroad accident and suit for damages
against the corporation And let suppose that
the cripple has strong case and the railroad IS
apprehensVe OF heavy verdict against H. 1o"
does the expert defender proceed? Very simply.
He goes into the trial with but one definite pur-
nose and that is 20 trick the Judge some
err vrbip will
limb of the law has been trained until he knows
every decision pertaining TO his business. ana tue
Judge who is not lured into some technical mis-
objections requests and motions Of the
specialist must have luck well as law on MS
side The chances are all IN favor OF tls eApeI 80
defender He may make hundred objections. but
if ninety-nine futile and one Is supported Dy
authority his purpose will be achieved
Judge Brewer cites striking example OF tne
sort of spoke which the trickster can suTrepu-
tfously insert in the wheels of justice witness
testified in n certain case that a person named
Mary was present when particular conversation
took mace and the question asked. What did
Mary say?'' This objected TO, and after some
discussion the judge ruled out the question: An
exception to this decision was Immediately
taken and on appeal the higher court reversed the
verdict ordered new trial on the ground ina I
the question should have been answered At the
sacond trial the same inquiry prOpounded anu
elicited the information that Mary said nothlng-
Though some OF the expert defenders Of accident
the most notorious legal JusSlers OF TINS
srrfDe thev are not by any means the sole onend-
ers. There are others to be found IN every court
roorn-hoth prosecutors and defendeTS-and IeBai
tar7nering with the law is not confined to the
ccurtroonls No sooner is statute of Importance
placed on the books than attempt is made on
the part of some Interested party to declare IL
unconstitutional or. If this is impracticable. 70
nhtaiu judicial Interpretation which VIII impair
,ts nlain purpose The efforts which have been
made bv LAWYERS 10 override the laws often seem
70 the Iavrnan sheer brazen erontery but they are
so frequently successful that Benjamin Butler Is
said to have remarked that the law IS anything
which is pIausibIy presented and persstently main
tanned" ., !,
Tho legal profession has become so accustomed
N activities of this kind inst 1t meets criticism on
the subject with Il stare of uRfeigned surprise
Rut th. answer OF the apologists IS glib enough
when il comes: NO law ought to remain on the
starut, books which is contrary To the Constilu-
tinn and the right To test the validity OF every law
Is absolute II is preposterous 10 criticse lawyers
for seeking judicial Interpretation of the statutes
and infamous To hint at bad faith Which storm
OF clustering insucerty and self-deception passes
harmIessly over the head of any one who knows
the facts and has not parted with his judgment
for a price.
The truth Is that lawyers are very nluch III hteu
Of seeing themselves as others them II should
be saIutarv to the profession know that they are
coming To he looked upon by fair and broad minded
men as defeaters Of the law and Knockers of ITS
majesty II this deepening impression is not Just-
acd fl Is high time that certain things not now
spokan Of should Le openly discussed. and that the
powerful influence of the best element OF the pro-
fessou should be exerJcd upon It's members. TO the
that public opinion may not anticipate private
reformation.-Putrams Magazine