Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-03-25

3e htnosnuty fotioNS: r.
No profession does so much to keel
MS from physical pain and suffering
as does that of the physician; yet. Il
las been said that in some cases
the profession abused that many
wise men have exclaimed: Throw
physic to the dogs" ~: =.
In like manner, there is no profes
sion that has done so much and car
do so much to promote Justice, estab
lish equity under good laws, goos
rules of conduct and to render thu
public safe and happy as the profes
sion of law Yet, il IS a profession
of such power and such advantage
that He in whom all law and ligh
and life centers exclaimed against tht
lawyers, saving: Woe unto you, al
so. ye lawyers! for We, Iade men with
burdens grievous to. be borne and w
yourselves touch not the burdens with
one of your fingers" Woe unto you
lawyers, for you have taken away the
key of knowledge; and We entered MOI
in YOURSELF. and they that were enter
ing in, We Numbered" This is a simple
clear, concise statement of the con
duct of such lawyers as; delay trials
pile up public expense, encourage
crime and deceive juries and judges
And We find one OF, the characters oil
Shakespeare saying: First, let III
kill all the lawyers" :, These radical
measures are not called for, but radi
cal changes in the profession. in the
hearts, minds and souls of many Law.
yers are demanded. And. too, such
changes are taking place N obedience
to the law of public opinion.
In his recent charge to the grand
jury, Judge Parsons of Hilo says that
''the present system of court proceed
ure eoddles criminals and hampers
inquiry into essential facts, Men of
understanding see this, and honest
men coAdemn it. 5.
Ohio Attorneys Oath
The state Of Ohio has adopted tie
following oath which every attorney
of that state must subscribe to-: Il
do solemnly swear: Il will support
the constitution Of the state of Ohio.
/ will maintain the respect due to
courts of justice and judicial officers.
l will net counsel or maintain any
suit or proceedings which. shall ap7
pear to me to be unjust. nor any de-
Tense except such ass1 believe to be,
honestly debatable under the law of
the land. will employ for the. pur-
pose of maintaining the causes con-
fided to me such means only as are
consistent with truth and honor and
will never seek to rnisiead the judge
or jury by any artifice or false state
ment of fact or law. a will maintain
the confidence and preserve inviolate
the secrets of my clients. and will ae-
cept no compensation in connection
with his business except from him or
with his knowledge and approval. i
will abstain from az personalities,
and advance no fact udiciaI 10 the
honor or reputation OF a party or wit
ness, unless required by the justice
of the cause with which 1 am charg-
ed. | will never reject. from any
personal to myself, the
cause of the defenseless or, oppressed
or delay any mans cause for lucre or
malice. So help me God
A similar oath has been prescribed
by the American Bar Association, and
it has been, very apparent during the
last few years that the people, of the
United States and especially the enli-:
nent lawyers and judges are giving
attention to court procedure and are
many things therein that
allow delays, the making of great ex-
pense and the miscarriage of justice.
These things are (many of them rel
les of ancient times when the courts
were not of the people but were in
struments in the. hands, of the king.
These rules should be relegated to a
state of "innecuous desuetude" as I'M
called-for in a benevolent self-goyern-
ment where the people themselves
are the governors and themselves ex-
ercise the highest function of govern
ment, the judicial, through their jur-
les. .---...... :
European Courts SUPERIOR
Judge Lawson, after visiting the
courts of Europe and observing pro-
cedure in those courts, contrasts
them with our, own, much to the dis
of the latter. He calls at
tention 10 the fact that in criminal
cases in the United States a very
small percentage of the guilty are
punished and that in all cases great
delay and expense are caused by what
is permitted in our courts in the way
of interfering with and blocking the
wheels of justice For this, Judge
Lawson blames most largely the law
yers, and his article, cabled across the
ocean, is headed Curb the Lawyers"
Advance may be made somewhat by
the judges. but, they can do little until
our statutes and rules of procedure
the matter are changed.
These will be changed when and only
when a powerful public opinion de-
mandS it. ..a-
!. Every grand jury. every trial jury.
by showing that it appreciates the
truth, that it can detect falsehood
and see through trickery. is doing
much to strengthen the law OF public
opinion.
When the body of this county from
which you are taken and from which
all our trial jurors are taken shows