The Bridgeport evening farmer., 1910-07-11
Jurist's Remarks, Bearing Upon
 the Duties of the Judiciary
 and Responsibilities of the Bar
 Highly Praised

S
 and Responsibilities of the Bar
 Highly Praised
 The Farmer reproduces herewith that part of the speech of Judge Geo. w. Wheeler, delivered at compli- mentary dinner rendered to him by the Holland County bar at Rockville, Thursday, relative to "the sporting theory of the Judiciary. Judge Wheeler ably presents the view that the judge is not merely an umpire to decide the case upon points"
 I must not on this occasion preach, yet you will indulge me brief word upon that which does much to turn the pursuit of the law from great profession to business. mere traoe in which to gain a livelihood, ana sometimes not too honest a one.
 Lawyers and laymen in too great numbers in this country seem to oe- lieve the pursuit of the law IS a game, to be played as the rules or sport go. And the most eminent au- thority sees in it a game in which often the high-priced lawyer out plays the judge and jury.
 I dissent from this so-called sport ing theory of justice" that the Judge is a mere umpire of the game, to see the legal duel fought out according to- approved rules and to interfere only when the game Is not played by rule.
 I dissent from the notion that the judge is as mere moderator of a debating society. or an ecumenical council, to pass on objections, listen 1,ov v-I <yxy f1rn nd as and when counsel permit.
 Home Took on his trial for libel told Lord Kenyon he was there to help the tipstares keep order while the lawyers and the jury tried the case. Here was an early and frank advocate of the sporting theory of justice.''
 I know the profession as class prefer a judge to keep his hands off.
 And some judges believe a judge has no responsibility over swelling docket, no duty save to try causes runs into day and the public business suffers it is no concern of his, the game, so far as played, was played fairly and we'll.
 This theory of the game invites anything for success. anything to get the judge in a hole:anything to break down a witness; any claim of law or fact to be made regardless of its merit. and regardless too whether it is believed in, or whether it furnishes a reasonable basis of belief. The practice of this theory lowers the profession and dishonors the law. On this theory lawyers are not officers judges are not ministers of justice. And together they have not enlisted in the solemn and high calling, to search for the truth and for justice.
 And more unfortunate than it's efsI feet on court and bar Is its effect up- technicalities thrive, tricks now and then succeed, witnesses browbeaten with little effort to protect, a trial seemingly to disclose which lawyer has the weapons of truest legal tenn per and can wield them best, and waste of half the time spent, and the final court reviewing the work upon principle other than to see if funda- mental and irretrievable injustice has been done-no wonder such lockers on come to have a perverted idea of the ends Of law and judicial pro- cedure.
 It is quite true this is no accurate portrayal of Connecticut justice, for our court of last resort has done much these past ten years to dis courage this theory. and the better NAoSS VI OoA AoW yC4S L1Cctl tlclI WOTk less like game. We know the daily course of our trials is freer from unseemly squabbling than for merly.
 Lawyers indulge in less so-called repartee, less back talk, less horse- guardian. The occasions when a court room is turned ineo a beargar- den, or a matinee performance, are rarer and rarer.
 Judges are not so timid, nor so tender of eminent counsel; they frown upon such conduct more and more, and better yet, the public opinion of the bar is growing to be against it.
 The cause is king, and anything which abstracts attention from that, which daubs and spatters the picture of a good cause fittingly framed in a good preparation, is seen to be inimi- cal to the cause. Love of applause and lawyers are less tolerant of technicalities.
 The standard of admission to the bar has advanced.
 That standard should be high one. and it should compel a fair pre- of the law is begun, but not so ad- vanced as to exclude all who have not had the most liberal education.
 Likewise the bar is paying more attention to the moral character of the applicant. And this is well, for that surpasses in importance mere intellectual attainments.
 The spur of ambition or want may supply these. He who lacks honesty and truth, honor and good name has no place in the law.
 In the larger communities, where the profession is greatly oVercrowd- ed, it may seem at times that profes- sional morality is not as universal as 1t ought to be-
 The stress and strain of temptation in the fierce fight to live, and in the constant call of business for results how obtained, are greater now than in days of old.
 Yet on the whole it is the accept ed view of bench and bar. that neith- er in character nor in general legal equipment is our profession in Con- necticut retrograding.
 But some of these features of which I have spoken may be recog- niZed in this state, and so far as the bench is at fault let the bar speak out, and so far as the bar is at fault no higher duty rests on the bench thanAto encourage, professional mor- ality, promote professional purity of methods and professional honor. MT. Taft said-and MT. Taft is the quality of his selections for the United States supreme court has shown an appreciation of that branch of the public service un- by any president within our memory, save only Benjamin Harri- Taft said, "The trial here is ! game in which the advantage is with the criminal, and if he wins, he seems to have the sympathy of sporting public"
 Let me not be misunderstood. The s1I irrd