The sun., 1908-08-03
TIE NEW corr OF LEeaE ETHrca
what % the Iluty Of tho Lawyer VINO IA.
OOrlies KAyTHnlrer

THENBW CODE o. LE6AE ERRICa.
what 70 the Iluty or the Lawyer VINO n.
cones Eawmaicer
To zHE EprroR or THE sUn--sfr. Admit
ably a. the proposed code Of legal etbic,
seems to have been drawn. there still an
pears to be q crave omission regarding the
duty Of O lawyer In q legislative capacity
The proposed code expressly provides that
tho enumeration Of particular duties should
not be construed Ae q denial OF the existence
OF others equally imperative, but the absence
OF any canon pertinent to this important sub
ject N a guide to o pro ofession having 10 do 40
largely with the framing and enactment OF
legislation cannot fall TO pass unnoted Does
lawyer. once elected to the State Legisla-
ture or to the national Congress. divest him.
self ipso faefo Of the duties imposed by the
code In other relations? Does his oath Of
once contemplate only those duties owing
To Individual and corporate clientsf Nav
not his constituency. the people OF the State,
claim at bis hands his highest professional
knowledge and skill?
TO support the Constitution OF the United States
and the State does the code imply that 80 long az
no individual ov corporate interest is in volyeti
the lawyers duty as q legislator requires no
protest from him against q 1agraBtly uncon-
stitutional measured Assume such measure
to be pending In either branch OF the Iegis-
latTe or the Congress. has the lawyer done
his whole duty In voting against It?
Again. assume o measure to be pending
concerning which there 10 an honest doubt
as to lie consti.utionality: does the lawyer
comply with the letter or spirit OF the code
when he allows the bill to pass for the sole
purpose Of having It's constitutionslty tested
later by the judicial branch Of Government.
or rather Is he not bound to bring to bear
Al ~ a.
available 10 him on the subject OF comparative
legislation as applied to the matter In hand'
In many States It has long been the prac-
tice to submit proposed bills to the members
OF the court of last resort for preliminary
opinion as to their rconstitutionality: however
open to criticism this course may be other
wise. at least II reflects an honest endeavor
to run straight and to obviate unnecessary
labor and expense TO the people.
The occupation OF lawmaker 10 no longer
hit or miss job. presupposins no know ledge
whatever OF legislation as q science; but the
laymen so engaged are largely dependent,
and necessarily 80. upon the lawyers In the
particular body who presumably have the
special knowledge and skill requisite. In
these circumstances. what duty 10 owins by
the lawyer to the lay member7 Like inquiry
might be made ss to the duty Of the lawyer
lesislstor regarding tho extremely delicate
subject OF special privileges; and so the in
auiries might be multiplied.
The trainers Of the proposed code Of ethics
will doubtless agree that in the so-called code
States the aim Of the Legislature is "to make
the law more definite and certain": how
nearly this has been accomplished may bs
gathered from the constant and fervent OBJ.
tursstions Of those lawyers and Judges who,
no less than the lsymen. arc victims Of the
system.
Could not the lawyer members Of the Leg.
islature OF New York have prevented tho en-
actmeat or amsndment. for example. In Ito
present form OF section e7e Of the Code OF
Civil Procedurel What was their duty to tho
people Of the State, themselves as profes-
sional men, their brother lawyers and the
bench7 IL retaliation open only 70 the courts
In numerous and lengthy opinionse
In this monstroue section thers Re -.
ward Of 2ee words. or approximately 1tneteea
lines Of fourteen words each; bsae IN mind
that the aim Of this section, Hks that of ths
other sections Of the code. u 10 eundsr ths lve
more definite and certain. yet the numbH of
decisions cited oonstruino this section b. <As
courts Of appellate Jurisdiction 10 sstt 0ssS
sons Ann. Code, Isoe. 1851 e.
Well may the graybeard In the profexion
recall the rhyme Of his childhood and pegvut
u 70 read:
Codlncatioa 10 vezssion,
Preo1sion 10 Q fad: ..a
Eight twsnty-nine ~
Courts can't denne. -.s s "
Its prsstioe drive ono madi
NEW YoAK. August Z. PAPMIus.