The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-01-28
STANDSBYCOURTS
Ex-senator Fitzpatrick Defends
the Judges.
Can Not Remain Below Moral
Atmosphere Of Community.
MUST BE PATIENT.
BE PATIENT.
Says Judges Can Not Reply to
Attacks.
People Should Lend Aid and
Support to judiciary.


dress delivered by ex-senator w. S.
ternoou's session of the Kansas Bar as
ISOLATION.
There are. in this day." said Mr..
Fitzpatrick, many men of import
ance, who strongly intimate, if they do
rot argue. that the courts of this eoun-
try, as now constituted and admins
tered, are a menace to the nation and
Its states, and habitual transgressors
of the sacred rights of the citizen. Such
teachings, to cay the least cannot be
regarded as first aids to patriotism
The speaker said that all agree that
courts are essential and must be Sus-
tanned.
That being So" continued Mr.. Fftz-
patrick then it is incumbent upon ev-
cry good citizen to contribute his mite
of strength and power to the mainten-
ance of the judiciary Of his country in
all of it's independence and purity. 1t
is the patriotic duty of each and all
to abide by and respect the findings,
orders, judgments and DEGREES of law
fully constituted and established judic-
ial authority.
mo one contends for the infallibility
of human judges. or even the unquaIi-
fed integrity of all. under ali circum
stances, but it is a fact that the judges
of American courts. both elective and
dDDOlnLlNes DIS q CLASS. are representa-
tive of all that is best in our civillza-
ton and citizenship Taken together,
preventative of the judicial institu
tons OF a great nation. pre-eminent in
roint Of learning, patriotism. courage
and integrity. they stand above and
superior to any other like body of men
in the world.
Judges Must Be Upright.
1T is true that judges. in a country
Ike ours. selected by the accountable
tc the people, cannot long remain above
OF below the moral atmosphere of the
community. 1t is the well known duty
of every citizen, regardless of his call
ing or profession. to aid the courts in
the administration of justice, and de-
fend the courts in the fearless per-
Torrance of their duty.
According to population and
wealth, Kansas makes and markets
more brick than any other state in the
Union, and they are not nearly all
used for building purposes 1t is Gus
tomary for a Kansas man to throw
bricks at his neighbor as mere mat
ter Of amusement. and when that
neighbor happens to be a judge. to
pull the house down upon him is
great sport indeed.
People Not Familiar With Courts.
"a large majority of our people
know little or nothing about the
courts, the law or its administration.
It is not an uncommon thing in some
parts OF Ine country TO nnO a man
who has never been present in the
court room when court was in session,
and many men who have never been
called as q witness, while a great ma
jority of people have never been in
tereSted in any criminal prosecution or
civil litigation. To such, the criticism
of a business man of responsibility
and standing can have no other than
a disturbing influence.
1.-The courts of the land are power
less to defend themselves from all
classes of attack and criticism. Judges
must sit patiently and silently in the
conscientious discharge of the most
arduOuS duties and depend upon the
people the bar and the time for their
vindication.
1--WE should lend honorable aid to
the support and sustenance of the
honor, independence and integrity of
our courts and thereby faithfully per
form our first professional and our
greatest civic duty. 1t will be a dark
day for this country, if it ever comes
when the rights of the nation, of the
state and of men are determined al
the bar of public sentiment rather
than as now by the courts, under con-
stitutional limitations"
Discusses Probate Courts.
At the morning session today r. NJ
Anderson of Beloit talked on the sub.
ject, "Our Probate Courts" Maurice
l. Alden of Kansas City followed with
an address on zone Remedy for the
Waste in Litigation Between Master
and Servant" I. o. Pickering o.
civil code.
The special committee on "Crime.
and Criminal Procedure" made re
port today. William E. Higgins o
Lawrence is chairman of this commit
tee.
Following Senator Fitzpatrick's ad
dress in the afternoon the rest of thu
session was devoted to three minut
toI hi
thought of interest to lawyers
Just before adjournment this even
ing officers for the next year will b.
elected. The annual banquet will b.
served at $3.50 this evening to which
all members of the association are in
vited. A splendid list of speakers ha
been selected to speak after the re
past.
Prof. Roscoe Pounds Address.
At the Thursday night meeting Prot
Roscoe Pound of the Chicago univer
sity delivered an address on the sub
ject, "Puritanism and the Commo
Law"
"In more than one state codes an
practiceRacts.' said Professor Pound
''aim to requisite every act of the judg
from the time he enters the cour
room. 1t is hardly too much to sa
that the ideal judge is conceived of a
a pure machine. Being a human ma
chine and in consequence tainted wit
original sin, he must be allowed n
scope for free. action. Hard and fas
rules of evidence and strict review c
every detail of practice by a series G
reviewing tribunals are necessary t
keep him in check
I'm many states he may not charg
the jury in any effective manner; h
must rule upon and submit or rejec
written requests for academicall
stated propositions of abstract laws
he must not commit any error whic
might possibly prejudice a party
whether in fact there is prejudice @
not.
Cunning HIS pointed that the Puri
tan in America was able to carry int
effect what in England could only b