The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-08-27
GREAT LAWYERS Of THE
UNITED STATES MEET
Notable Address Delivered by Judge Alton B.
Parker Before American Bar
Association.
Review Of Recent Legislation and the Crusade Against Cor
poratOnS, Good and Bad.

James G. Carter before this associa-
ton, that the people make the COM
mon law, because I'VE find It 10 spring
from and rest upon the habits, GUS
toms and thoughts of a people and
from these a standard of justice is de-
rived by which doubtful cases are de-
termined. The office of the Judge is
not to make it, but to find it. and,
when it is found, to affix to it his of
fetal mark by which it becomes moro
certainly known and authenticated. -
While this is so, yet the announce
ment of the law comes first from the
bench. And for the most par1 it comes
only after the court has had the beHe-
fit of the learning OF counsel. which to
be comprehensive ard useful must enl-
brace knowledge Of principles estab-
lished by prior decisions. In this way
our unwTitten law, better known as the
common law, has been so developed as
to meet the eNGan cies Of oar wonder
full growth and expansion, and of our
complicated business and social con-
ditiOns.
Judges who are nspire1 by the high
est patriotism and who love justice
seem to play the leading part in this
procedure, because upon the bench is
charged the duty of announcing the
law and rendering Judgment. 1t may
well be doubted, however, whether the
public spirit, learning and ability of
counsel contributes less than that of
the court toward the just settlement of
a majority of disputes. Be that as it
may, there is no reason to doubt that
our profession has contributed in 4
large degree toward that liberal meas
ure of justice which we as people en-
joy today. l do not mean that the
ideal has yet been reached. Far from
it. But we can say that many long
steps toward it have been taken, since
that period in Englands history when
controversies were decided by wager
of battel"
Moreover, we can claim, and that,
too. without fear Of contra diction, that
our peoples habits and customs bring
the common law much nearer to the
ideal than the statutes made and pro-
vided so plentifully The reason for
this is plain. The common law is ex-
banded slowly and carefully by judi
cial decisions based on a standard of
justice derived from the habits, Gus
toms and thoughts of a people. And
lest the judge at nisi prius may make
a mistake, appeal is allowed TO ? court
composed of a number of experienced
and learned judges. These again have
the assistance of the printed or oral
arguments Of counsel, or both. And
bias. and animated by that love of
justice which grows stronger and more
aIl-pervading with it's daily ministra-
ton. seek with diligence and earnest
ness the true rule. So far as it is
given us to realize an ideal method Ct
building the law of a people, we pos
sesS it.
Functions Of Legislators.
The proper function OF the 1egisla-
tor is suppletory to that of the
judge. He should strive to ascertain
the growing but imperfect customs
which spring from the effort of a peo-
pie to correct errors, and give to them
the dignity and force of law This he
often attempts to do, and frequently
succeeds. But the task of even the
wise legislator is beset with difficult
ties. So many bills press upon his
attention that if he had the wisdom of
Solomon he could not master them in
one short session. Many such bills are
introduced by men who do not under
stand them, merely that they may gain
the applause of the thoughtless or
the enviOus. Others are strike bills
pressed in the hope of unlawful gain.
Still others are presented from honest
motives, but with no appreciation that
their enactment will work injury.
of unframed Legislators to enact into
law what they mistakenly conceive to
be the viii Of the people.
MischieVous Bills.
More mischievous still, as a rule, are
the bills pressed for passage in the
interests of a political organization.
Experience teaches that comparatively
few Of the many bills of a legislative
session are carefully considered by
the body as a whole. Such considera-
tiOn as the average bill has is in COM
mittee, and too often the majority of
that committee is influenced by party
organization, or by the governor, or
by some other leader who sees in ii
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