Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-07-31
The VICE OF THE LEGAL MIND.
Fighting for Advantage, Not for the
Heart of tho Truth.

nc WAS Ine county JuuSe III n western
state He was also the Juvenile court
Judge. In this last capacity he had al
ways exhibited a desire to find out the
right thing to do and then to order it
done. His probation officer had no
grounds for complaint as to his patience
and his desire to get at the root of mat
tiers in the cases that she had to do with.
Indeed he had taken occasion to speak of
the excellent and thorough way in WHICH
she prepared her cases for him.
But remark which passed between
this county Judge and his probation Off
Ger seems to the writer significant of the
attitude of many members of the Ameri-
can bench and bar and throws sidelight
upon the question of court procedure.
I'm not interested in your cases." he
said. What I'm Interested in is in
duel between the bright intellects of two
brainy men in some regular court case"
Psychologically is not this the explana-
ton of the apparently unending tangle of
techincaiity and delay in court and crimi-
nal procedure in which we find ourselves
enmeshed? Is not the spider hiding i'm
this curious, but yet natural transfer
ence of interest from the issue itself to
the scintillating. contending interpreted
lions of precedent and principle which
may encase the issue? Without the
slightest reflection upon the average
American Judge and his sense of justice
and fair play, has not his admiration for
the brilliant intellectual contests which
are continually going on deluded him into
believing that strict justice is only posi-
Bile when the last, finest gossamer web
has been spun.
Compare him with a French judge, let
us say criminal judge. The interfer-
ences of trial Judge in France with the
conduct of the case by both the Pfoseeu-
ton and defense is entirely shocking to
the American lawyer. There is doubtless
often most gross injustice done Does
anyone presume to say that American
procedure prevents injustices of another
kind? What, after all. is the French
Judge trying to do? Trying vindictively
to convict the presumed culprit before
him? Is he not rather. in his rude. blunt
way trying to brush aside obscurites and
becloudngs and get OF naked truth? He
is doubtless extreme in his methods. Of
ten sadly prejudiced, but does he not
show that somewhere there is a happy
mean between his position and that of
many American judges?
1t would be most interesting to learn
why the Intellectual tradition, If we may
call 1t such, has its hold more strongly
upon legal procedure in the United States
than possibly in any other country 1t
has given us undoubtedly a wealth of
massive but splendid decisions. despite
our comparative youth. II has made
yirile forums of our law courts, despite
all their Weaknesses 1t has developed
fnesse in the game in this new, partly |
developed country of ours, which is ad-
mired of older countries 1t has helped |
to give us our law aristocracy, an arts- |
tocracy whose hold upon Congress every !
one will acknowledge. Even to the camp |
follower there is fascination in the duel |
The writer. as court reporter for a |
newspaper in far western city, remem- |
bers the engrossing interest with which |
he followed a day-long argument over |
the question whether a certain petitioner |
should apply for writ of certerari |
rather than mandamus. The battle
was fought with marvellous ability, and
desperately, too for did not the petit
toner's attorney know perfectly well
that to withdraw his original application
and try a writ of certiorari meant no
advance? Not at all 1t only meant
then a battle to show that he had right
to ask for that writ. mat was an I'M
portant case. And the sad irony and
moral of il all is that while the writer
remembers the arguments and the bril-
liancy he has absolutely no remembrance
of either party to the action Why
should one flashing in the empyrean OF
sheer intellect bother about the human
beings shining only by reflected glow
Now the writer is we'll aware that law
yers will instantly see that such an ar
gument did involve some big principles,
But the moral lay in the fact that 1t was
not the big principles which concerned
the duelists so much as getting tenn
porary advantage. 1t was simply fghting
for inches with no wish to arrive speed |
" at the heart of the truth lying behind |
and this is Just where the layman has |
his bone to pick Granted that to be en-
tirely sure of the right procedure is nee
essary to the application of law. Butte |
take ewasperated phraseoiogy from a |
eruder field of human encounter. 1t Is
this everlasting scrapping to avoid |
show down that gets on the nerves
Still. it is wonderful world this |
world of the intellect. Nor is 1t TO De |
wondered at that many judge, VINO is |
Juvenile court judge only as by-produet |
of his work. has not realized the fun tas-
cination of dealing directly with human |
life and shaping it.
And is it not true that any real reform |
in our court procedure in treating dehh-
auency must be preceded by breaking |
into the monastic walls of our law col
Ieges of a certain amount of the human
tiles, psychology, social economy and so
eial Jurisprudence. in addition to medical
jurisprudence? So this is only the same |
old moral, retold.-Francis ii. Mclean III !
The Survey.