New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-01-29
LEGAL ETHICS DEFINED
MONEY NOT FIRST OBJECT.
r. L. Stets0n addresses Bar ASs0c'-
ation-The Criminal Insane.


sion wera clearly defined to-day by Francis Lynde
stetson. of New York president OF the ota'e Da
Association, in an address on 'Ihe Lawyer
uhood." before meeting of the Bar Association
here Mr. stetson spoke Of the popular resentment
against certain corporations, and said tha1 ~
doubtedly there will be further experiment. "
legislation both state and federal, for the
ued repression of business enterprise lie SSu' "
| part:
What is the object of our activities In the pract
lice of law For the overwhelming majority .1 Dl
lawyers there IS and can be, but one hses or
Who pursues his profession primarily or ED error
cipaiy money getter falls INTO or lnstru-
First he selects for his purpose an neeo making
ment, for already observed IN InohvS he law
Vey Iags behind the trader of equal ability; ana.
second, he compromises his own toI se,ioT which
Vii he nTivileeed so long and only so long as II
preserves its distinction as learned pdoad the
o % me NE ne none Will prove the root Of all evil
a WhesheF 2a mot not within
prohibition OF law or of morals as asament hut
his Judgment must be exercised with ,t ian and
Of his responsibility as man n AMI 5lic disapproval
ii his participation shall appear 10 D. DC Shall seem to
mony with his general reputation or SHAH ~
involve injury to the public lnteIes'S
Mr. s,atson referring TO a statement of ex-Seha-
tor Lindsay of Kentucky. that great
sre proving themselves the greatest Instruments
for evil man has ever devised, saiu'
Indes Lindsay is entitled to high respect, 2ul put
would 10 question waetaer an" tb specic
The corporate form OF orsanizalsIo.. 10 Nv him The
germ of the depicted or predicted oy nm aordi
LATIN successful business known as the StandaTS
OH Trust eventuaed prior TO the incoE h In,
enal development of the great Carne8e steei
through the Corporation Of
1899: the greatest financial transactions aIe I'd
dncted not by corpora lions. but by @
bankers and syndicates; even the New York s19eK
Exchange Iersoniied under the r han dstrust ex-
pressed such utterances as that OF JuGse er nos
sessed BY any combination association OF Wea tio
Irrespective Of the form in which the '''
This would indicate that protection against none oe
dreaded eV aaost o Undoubtedly there
viii be further experiments IN 5rssion of
business enterprise but this rssut roessfon to
table Is not What is wanted egisla-
ton so much the righteousness M Eta,,sness
nor is il that sentimental righteousness tns1 Tg bi
a sense justice In popular gopeat , Of IN
di&{duai rights on the other hand. relief is hardly
Of strictly legal rights tending TO popular
Ike the autl-rent war OF 1875, ,.o.r . nation
The righteousness that alone eNalteth na d
cannot disregard the meum and tunm nor Mn Mn 90 ~
ignore those interests Of humanity ~hich 'H'"eAe
the rights OF property.
LEADERSHIP OF LAW
Speaking Of the leadership Of law In the advance
ment Of civilization Mir. Stetson said:
iva sre 10 lead IT must be because OF the char
ac,ar ~ our leadership and not because OF ttadi-
rional prestige Glass prestige Is privilege oI .,e
pH't.cb ;" and from the bar Just 1t may have
passed the press. which hke eFe,S bi % iJfh I'm.
pGssessor OF irresponsible power II shan become
sufieIt ann and f6e oppaTtunity Of lawyers ad
Using corpoPations ana combinations, and their
SaveIoning a managerial soul and Of infuSng II
into corporate action, and thus 10 Pipili''e, %
he discharge OF this conscientious duty we sh4H
ba tactful and persistent, may help 10 estao
/ rf.E "A
methods and morals so that IN prtioT q, be-
ings with souls and conscienees IT,, r,.-t1
[ The LAWYER thus inspired will not cringe- tie WI,
respect but he will not fear. the courts ne VIII
discharge his duty he sees H. uide,eITeu Cy
clanor o: the public or TIE press WIN su IN Ifj
I nate Judgment Of his community He VIII not
,ag,'rbIs+aer whose Immunity from prosecution Is
due 10 the past powerful interventio's OF tie
I even though unintentionav. may CONFUSE. but ].
viii not finally mslead. the genera esiilAie ..
The LAWYER following the guidance or an lh'e'HseHt
I conscience
The thirty-second annual meeting OF the state
Bar Association began to-day The acceptance
-. . LAWYER Of contingent fee. which has been the
/ suh,act OF debate for years. vas the cause OF
I 49,, ,,scuss,on The position finally taken by the
association is defined in the code OF ethics OF ihe
American Bar Association which was adopted IN
its entirety by the state Organization Inc caiio"
ON contingent fees says that where sanctioned oS
/ law they shall be under the supervision OF inc
/ -, tn or5er that clients may lie protected from
.
/ unjust charges
The canon defining the right OF lawyer TO under
take the defence OF person accused OF crime re-
rardless of his personal opinion as TO the Sulit OF
the accused person also caused extended ueoate
Everett p Wheeler wanted to amend 1t by fixing
apoint at which a lawyer after fair trial might
retire from the defence when convinced that the
nerson accused was guilty. The amendment was
,.igorously opposed by James VI. Hart OF Nonkers;
Judge John NJ Davy, OF Rochester. and judge
Clearwater OF Albany. The amendment was lost
and the canon az reported by the committee was
adopted.
MODIFICATION OF LUNACY LAW URGED
r,an4rs bv DR. r. b. Lamb. superintendent OF the
Matteawan State Hospital and Sheldon I. Viele,
a member of the State Commission in Lunacy. ere
a+ed a profound impression and were referred to a
committee for further consideration Statistics col
leced bv DR. Lamb show that q out OF 60 patients
. -elea Sod from Matteawan court orders had COM
n,itted criminal acts. y of that number being
charged with murder
III seems TO me-" said Dr. Lamb. that such
record as this should gain some modification OF the
present Law whereby lunatics, and especially those
committing murder, should be dealt with by
tribunal having individual responsibility"
DR. Lamb recommended. did Judge Foster re-
Gently IN General Sessions. that 1t should be man
datory on the courts H. each case, TO ascertain the
mental status of defendant, should he appear in
sane while held criminal charge or interpose the
plea OF insanity defence for crime. the inquiry
~ be had at any time previous TO presentation
Jury This would essentially take away from the
Jury the authority to acquit because of insanity.
DR. Lamb said that the competency of Jury to
determine mental disease little short OF farrell
cal" He suggested that only physicians ex-
perienced in the treatment of insanity should be
allowed 10 assist the court in determining these
/
DR. Lamb added that the definition OF legal in