Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1913-09-12
LAWYERS AND THE LAW
Woefui Lack Of Confidence Continues
TO Grow Steadily.

to Grow Steadily.
One of the most remarkable ad-
dresses delivered at the meeting Of
the American Bar association, In Mon
treal, was that Of Mr.. Moorfield Stor-
ey, q leader Of the Boston Bar, who
declared to his brother lawyers that
"our profession is today more dis
credited than ever before" and urged
them not to delay the reforms which
the people are demanding.
There is no profession" said Mr..
Storey, (which has suffered more
from superstition. none in which ira
dition has exercised and still exercis-
es more baleful influence than our
own. The common law which In theo-
ry 'broadens down from precedent to
precedent has almost invariably been
Influenced too much by the past, and
has been very slow to change its meth
ods with the changing needs of soci-
ety."
/ The result has been that instead OF
protecting the community against
crime by making 1t dangerous and un-
profitable to the criminal, the methods
Of criminal procedure have been al
lowed to become SO cumbersome that
society, though anxious to free itself
from a pest" finds itself handicapped
at almost every stage Of the proceed
ings and the criminal enjoys an ad-
vantage to which he is entitled upon
no conceivable grounds. Justice Is
easy to defeat and the courts which
have been established for It's adminis-
tration are brought into disrepute.
Mr. Storey has no patience with the
barriers which have been raised
against the swift and sure discovery
and punishment Of crime. He de-
nounces the practice which permits
appeals to be taken again anu again
ana upon all sorts or technicaiities
He undertakes TO expose the folly OF
the rule which protects person ar.
rested for crime from being question
ed with q view to finding out whether
or not he Is guilty. He insists that the
custom OF allowing counsel to spend
Gays in the empaneling OF q jury
wasting the time or the court In the
errort TO gain some unfair advantage
| for their client, should be stopped.
The views voiced by Mr.. Storey ART
shared by increasing numbers OF the
people. The enactment by Minnesota
OF q statute vesting ten members OF
Jury with the authority to render
verdict Is q recognition OF the fac
that the unanimous verdict rests onl!
upon precedent and unsupported b,
common sense. There are many 9th
er theories of the criminal law which
are equally indefensible and which
help to defeat the efforts OF societ,
to protect itself against those who ar
not properly mindful of the rights o
others, so many, in fact, that evei
Mr.. Taft, one OF the most conserva
tive of men, declares that 'the ad
ministration Of criminal law In thi
country Is disgrace to our ctviliza
ton"
It is for the lawyers of the countr.
i to act IL they would save their pro
fession and preserve the courts agains
| the contempt into which they are fall
| ing. The people do not know what 1t 4
wrong but they lack confidence In tn
power of the law to protect then
against acts Of aggression, they ar
4 convinced that the law as 1t Is gen
i orally administered, discriminate
j against the man without means In "a
vor of the man who has money, an
there is bred in the land feeling o
hostility to law from the vicious con
sequences Of which all Of US suffer.
The Mississippi judges who recentl
met and adopted recommendation TO
changing the law SO as to make
more responsive to justice, had tn
right idea. They recognize that
courts would be trusted, they mus
prove themselves trustworthy.-New
/ and Courier.