The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1908-08-27
PLACE BAN UPON
LEGAL 7RECMERY
Lawyers Pass Resolution to
Secure Poor Man His Rights
Before Supreme Court.
BY X. D. WHEELER.

IT W. " WHEEL Tn
To all practical and far-reachlng
intents and purposes the 3lst an.
nuhl meeting OF the American Bar
association has ended.
The one great material object Of
the present session was attained
last night when. after bitter
struggle la the auditorium Of the
Washington hotel here. the asso-
citation OF the greatest trained legal
minds Of the nation pledged itself
unreservedly 10 a fight for the poor
man, for legislation that will force
the millionaire criminal 10 stand
equal before the law with tho
wretched petty thief.
Five big, broad men. men who
have established their right TO
stand In the first rank Of their
profession. led that fight last night.
They were F. w. Lehman, Of st
Louis, Roscoe Pound. OF Chicago,
Everett p. Wheeler. Of New York
city. and Samuel G. Eastman. Of
Concord. ~ II.
Laws Are Assailed.
With a committee report whose
words fell like the blows OF trip
hammer, they assaulted before the
association the laws that permit
the rich 20 procure immunity from
justice year after year. through in
fricate technical trickery In the
courts, and demanded that the as
sociatlon pledge Itself 10 use it's
Influence TO the end that congress
may pass laws prohibiting appeals
and retriais on technical error in
civil cases. and limiting the iuris-
diction OF the supreme court % the
United States by prohibiting the
issue OF writs OF error and habeas
corpus returnable 10 the supreme
court unless q Justice OF the high
est tribunal shall certify that there
is probable cause 20 believe that
there has been a miscarriage Of
justice.
Spectacle 10 Inspiring.
The struggle for these principles
In the New Washington hotes last
night was a spectacle as inspiring
as Il was unexpected 10 the great
majority Of the spectators. Ehey
were fighting stubboruly In the
open against a sentiment which
two years ago branded the words
Of Pound. then uttered in an ad-
dress now embodied in commit
tee report, as anarchistic and dam
gerous.
Time and again. when the tide
Of sentiment was turned against
him by the laundering elocuenoe Of
such men as y. II Farrar, OF Baton
Rouge. and Judge Thomas O'Day,
OF Portland. Ore. Lehman. backed
by Pound and white-haired Everett
Wheeler. Of New York. fought back
grimly, determinedly. for his prin-
oiples
Time and again Lehman, his
great frame rising above the excited
crowd that packed the auditorium.
his face scarlet. his voice a hoarse
whisper. his big fist rising and fall
ing with the rhythm OF a sledge
hammer. drove the radical convic-
tons OF his committee home. stirred
his hearers into repeated bursts Of
applause until. with a final effort.
he placed the American Bar agso-
citation on recorder the poor
man.
OF Tremendous Importance.
That was what last nights meet
ing meant That was why what
transpircd assumed tremendous I'm
portance. Two years ago Roscoe
Pound. then OF Lincoln, Neb.. now
OF Chicago. declared before the as
sociation that the one great cause
for the dangerous and popular dis
satisfaction with the administra-
ton OF justice. Is the unnecessary
delay In our courts He did not
spare the supreme court Of the
United States asserting that the
appeal on technical error. the suing
for writs OF error on grounds that
showed no miscarriage OF justice.
must be abolished.
His words were met by a storm
OF protest. lie had dared 10 critl-
else the laws governing the high
est tribunal Of the land. to point
out weaknesses in the supreme
court of the United States He
fought 10 have his speech publish
ed and won A year later. against
still more bitter opposition. a COM
mittee was created 20 investigate
and report on Just such conditions
OF inefficiency as Pound had named.
Committee Reports.
This committee was ready 10 re
port yesterday morning A deter
mined effort was made 90 gag IL
for another year II failed And
when the session last night was
opened every lawyer who sat in
the meeting knew that that great
savior OF the millionaire criminal.
that stock in trade OF many a law
yer-the legal technicality TO
be the issue and was ready 10 fight.
John r. DosPessos. the noted
New York criminal lawyer. sound
ed the keynote of those who were
ready TO make personal sacrifice
for personal conviction when he
said; Il am going TO lose a great
deal by what | am saying. but IL
we are 20 go 10 the root Of our
evils we must abolish appeals in
cases. You lawyers will
never advocate that"
Fight in the open.
DosPessos WAS wrong The fight
was made In the open, and won.
The Importance OF that fight will