The Birmingham age-herald., 1909-07-10
FRIGHT ID CUSS THE COURT" IS THE THEME OF LACKEY PeaIs of Laughter Aroused At Lawyers Banquet At
 Country Club WITTY SALLlES ON REGENT EVENTS IN THIS STATE Delightful Affair Last Night Brought to Close One of the State Bar Assoeiaiton's Most Success
 ful Conventions.

eHdlrfnan at the banquet of the Ala bama State Bar association at the Country club last night, in introducing W. M Lackey of Dadeville prior to his response to the toast, "The Right to Cuss' the Court" remarked that a thing of beauty is a joy forver, but that While Bill" Lackey was not included In the list of the beautiful objects of Gods fair creation he is always a joy to the State Bar association. And so 1t proved last night. Mir. Lackey's lre- marks on the lawyers right to cuss the court kept his hearers in an up- roar of convulsive laughter throusho out the few minutes during which he oc- cupied the floor.
 The banquet of the bar association was very elaborate, though informal. affair and was an occasion of merri- ment and oratory in which wit and humor intermingled profusely. But un- doubtedly the speech of MT. Lackey was the feature address of the occasion. As 1t was stated In the little gatherings after the banquet, Bill" Lackey's re- marks were driven home because he expressed the feeling of the bar gem orally on the subject with which he dealt in his speech
 When the crowd of about 150 guests were seated around the banquet tables 1t was found that James Weatherly. the chosen toastmaster of the occasion. was not present, but telegram was read announcing that he would be in at II o'clock, and Walker Percy was desig- mated the temporary toastma ster of the occasion.
 When MT. Iackey was introduced as Big Old Jolly Bill Lackey of Dade ville' he arose and adjusted the collar of the mohair coat which he wore, and from the time he spoke his first thought until he concluded his address, those gathered around the festive board were laughter
 When you go to cuss the court here after" MT. Lackey said in opening his remarks, please be very careful for your own sake, because when you start In to make one of those strong points before the court it's opposite may be contained In the new code. God AL mighty only knows what is in that new code of ours.
 This right of the lawyer to cuss the court" continued the speaker, Ifs as old as the law itself We have had a whole lot of discussion about technical tiles of the laws I might say that this nj a an nidh h1.a ri af tl. most technical, so we can't afford to surrender or give it up on account of any technicality.
 But, my friends, this right to cuss the court is not applicable on all occa- sions. For instance, the lawyer who wins his case has absolutely no right to cuss the court, but that right be- longs only to the lawyer losing his case before the court which he is en- titled to cuss all he pleases when he loses. And then on the following day when he wins that other case he has no probable right to cuss the court On the other hand he boosts the judge and declares he should be reelected.
 No judge in the world has any right whatever to take exceptions to any thing that may be said about him In the way of cussing. providing the lawyer confines himself to the proper voca bulary. In other words don't ever say anything about the supreme court at which one of the judges in Lauder dale county might take offense and which might demand an explanation.
 Tn other words never be so promis- cuous in your cussing that 1t will be mis- understood. There Is the great danger Never permit any Judge to think that you are not cussing kim and leave him to believe that you are cussing the judge over in some other county.
 I contend, gentlemen, that no judge has the right to object to your com parison of him to Mexican burro or to any of the other species of asininity.
 "Who has the right or who Is entitled to the right to cuss the judge except lawyer? I must insist that this Is a right which has been handed down to us and which has been preserved by us and which should not be handed down to the laity; to the profane tongue of the laity. I might put it.
 And, another thing: It is not permis- sible to use this inviolate right for the purpose of intimidating the court. Re- member, no well regulated court can ever blame a lawyer for calling him any old kind of a bankety- -blankety fool. But don't intimidate the judge by cussing him. N
 And nowNit has come to my notica very recently that one of the laity has taken it upon himself to euss the court This is no time, my fellow craftsmen, at this late day, to allow the laity to come in and take hold of this heritage of ours His profane tongue has no right in this inestimable privilege of ours.
 But my fellow members of the bar association, speaking less lightly. when you build the whole matter up our courts are the highest thing we have. It is not within the province of any man to criticise the motive of any court un- til he is ready to prefer charges. suhstan- tiate them. and until he is ready to prose- cute them even to the very bitter end.
 'sThe courts of our lan1 have always stood as firm as the Rock of Gibraltar of the liberty of the people of days of roconstrueton in the south. when the carpetba ggers held such destrnetiv" power (and I might say. by way of pa renthesis. that I am informed that there are stlll one or two carnetba sgers n Alabamal our courts took their frn' stand md led rs onward to the highea -sAf~--~- ~r ''->
 "so, gentlemen, by way of conclusion. let me say that there is no higher duty of the bar association than that 1t shall hold up the hands of the courts of the country.
 .'Let's cuss 'em when they need it. but in the name of all that is upright