Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-11-11

Interest in both community and the
state at large. there is growing ten
dency toward the crystaliZatiOn of SEN
timent or opinion one way or the other
in every important case submitted to
a court of last resort for final deter
minalion, before the same is decided,
and. regret to add. that in many, If
not majority Of the cases, where
the decision of the court is contrary
to the sentiment or opinion of the
people. they are disposed to not only
criticise but traduce the tribunal by
which the cause has been decided.
Indeed. we have but recently had an
outburst of dersion and contempt from
the alleged greatest citizen OF the
world" directed against federal
Judge who decided a cause legally
submitted to him for determination,
contrary to the opinion o. this dis
tineuished man. TO denominate a fed
cral Judge as fool and a jackass,
because he determines a cause sub
mitted to him for decision in accord
ance with his understanding OF the
facts and the law. is not calculated to
inspire either respect for or conf
dence in our courts. 1t not only has
tendency to impair if not prevent
the administration of justice. but 1t
hampers and increases the labor OF
the courts in the performance of their
duties.
One of the gravest questions. there
fore, which confront the lawyers OF
this state and country today is that
of a remedy for these Objectionable
conditions. Can we correct these err
rors and elevate the judiciary to a
higher plane of respect and useful
ness? 1t seems to me that such can
be done and that upon the lawyers
rests the responsibility for its ac'
ccmplishment. tbs Eernicious effect
of short terms and dependence upon
ELECTION, which throws the matter in
to the vortex of politics, is, no doubt,
the principal cause Of our elevation
of politicians rather than Judges to
the bench. This practice also neces-
sarily has it's effect upon the judicial
conduct of judges so selected.
The late Justice Brewer Of the sup
rene court Of the United States, we'll
said in 1899 before the New York Bar
association, Judges are but human.
If one must soon go before the peo-
pie for reelection. how loathe to rule
squarly against public sentiment
Can we stem the tide of blind re-
lance upon the established precedent
and revert to the true theory of rea-
soning from basic principle in the ad-
ministration Of justice? We can, GER
tainly. if we so choose. but to accom-
plish that end We must win the peo-
pie to the true rule. This can be done
only by earnest advocacy and accur-
ate application of the law in every
case, and upon the lawyers of the
state the contamination Of this work !
also depends.
Can we correct the disparagement, |
if not disgrace, which at least men, /
aces our noble profession by reason !
of the inadvisable and careless admis- /
sion of unschooled and unframed men !
to the bar? We certainly can if we
will. but insist upon preparation which |
qualities the applicant not only to ap.
proach and successfully study the es- !
tablished principles of law. but also /
to use his reason and Judgment in !;
stead of relying upon settled preced-
enL III the dppllcauOn OF the law 10 ;
the facts Of the case as a condition !
precedent to his being permitted to
enter the profession.
Bar Association.
have very briefly reviewed the !
three matters which, it has appeared
to me, are of the greatest concern to
this association at the present time.
and while I have not attempted to
discuss in detail proposed remedies
for the Objectionable conditions
pointed out. have. nevertheless. hop
ed that by calling your attention to