Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1915-05-18
Ethics of the Oath
NJ cuAlLzs =. nxAnrzLE.


the peace notarles and other officials in the course
OF which osths continually being registered Any
person OF experience in the work OF the legal profess
sion the administration OF business public af-
fairs recall other prolix sources Of documentary
oaths. one OF the most unceasing is the customs
service. In the Boston custom house in 1913, there
made approximately 5000 entries. In effecting
these there required about 1000 oaths In other
transactions In this custom house during this period
is probable that at least 5000 oaths were ADDED
In varied matters having TO do with municipal state
and the United states governments oeths manufae-
tured ndustriousiy. IL form conservative, con-
jecturs estimate in all the communities OF this coun-
try and in those in other parts Of the world, II will
readily be realized that the aggregate at Its minimum
must be stupendous.
Prodigous s lie the multiplicity OF documentary
oaths the serious oaths taken I'm the carrying
of judicial PROCEEDINGS. and the official oaths.
quite innumerable. or Il is impossible TO
the immensely OF this host but some idea OF
the extent to which the Deity IS being daily adj
dressed. the extent to which soliciting by
solemn stated words His attestation and vindicaton
may be gained by reviewing part Of what is oc-
curing in the city OF Boston In two courts alone
the local municipal court and the superior court for
the county there were tried in 1914 approximately
1900 At least five witnesses per case on an
heard TO testify under oath This would
that Ia these two courts there were taken more
than 10000 osths In year This computation does
not include the oaths. pregnant with even greater
responsibility. ~ possible. Of the army OF jury mem
beers who heard some of these 1t Is easy to
appreciate that adding TO this number those uttered
in the courts OF all other centers throughout the
country and In the courts continually In session IN all
other parts of the world the number Of judicial oaths
taken daily must be counted by millions.
Every Official act OF a legislator or a government
officer perfrmed under the sanction and restraint
Of oath which lie inevitably and separately renewed
by every such act which is justified to the greater
positive accumulation OF spiritual merit by every
proper and which is spurned to the degradation
OF man and the propagation Of immortality each
occasion when there is accomplished bribery legisa-
fnfIu htaft
science. improper appointments neglect corrupt self
serving. other malfsasance nonfeasance. In
each official deed there lies the opportunity for OBJ
serving with prcpriety or repudating the oath and
defyng Divine retribution Contemplate the number
OF officials and legislators IN the world and
the pFOfusion OF the authoritative doings of each.
every act impressed with the seal OF the oath. the
subject Of compact Of suretyship with Heaven.
Analysis Of the essence OF the oath, appreca-
ton OF it's religious aspect and Of Its copious repeti-
tons leads 20 the inquiry TO how its sanctity is
observed The oath is defled First when 1t is
essy taken taken upon occasion OF unjustfable
inasnificanee; second, when person sworn contra
the truth by perjury; and third. whenever
offcehoder under oath commits reprehenable Of
fetal act oms to perform that which his duty Inn
poses,
! Undoubtedly the oath is required thousands of
! times a day in every large community to conclude
! comparatively superficial operations. II is put to
small II is perverted to association with mat
Of simple routine. In large majority OF cases
where the oath Is connected II Is administered a.
a FORM in a perfunctory dsparagng and hasty
manner solely as an appendage a business legal
instrument II r.. In multitude OF cases, regarded
| as collection OF words mere formula. Often
! the contingency requiring OATH when created by
law il OF little note Times literally beyond number
the oath Is executed in sloyenly manner. without
full consciousness and recollection OF its sacred sig
nifcance.
II is appalling to mediate upon the profiisacy
with which the generosity Of Providence in the mat
ter Of granting His sublime prestige for the REIN
| forcement OF human statements and promises is en-
croached upon. It is appalling to view the vast num-
Der OF very probable cases In which individuals OF
| all Christian lands daily swearing without
| thought, reverence or Judgment
1t would be wrong to imply that the majority Of
witnesses accustomed to commit perjury or that
| the oaths OF office generally obliterated In
effect originated but the most charitable
| imagination cannot brighten the dark picture which
common knowledge presents Of much constantly trans
plrng lack OF fidelity the part OF public servants.
and distortion OF the truth giving testimony.
and the guilt OF very small proportion Of those who
| use the oath would make the total amount OF this
species OF depravity enormous II is conservative
averment that in twO-thirds Of the cases tried in
there Is positive contradiction OF facts There
are very arguments made by advocates in which
bias prsvarcaton thu part Of witnesses not
! charged Deplorabiy immoral well as farcical il
some OF the evidence adduoed in many cases TO sup
port dramatically opposed propositions, Any judge OF
prAeticIng attorney knows that seldom does party
to suit testify against his inteests in the de-
oisve matters affecting the rights involved Although
perjury may not necessarily and invariably be pred
Gated these facts. they must lead 70 the con-
elusion msstatements In "A large proportion
OF cases especially when recall that the oath Of
the witness requires him only to tell the truth
and nothing but the truth but all the truth.
In this connection II Is interesting 20 remember
that the rules OF evidence az present and for cen
the past enforced in and Engiisl
courts only tend in spite of the plain context
the oath. prevent the telling of ALL but permit
witness rather to conceal much that has some bearing
in truth upon the matter at issue. The relaxing o.
number OF these rules and the suppression o.
others CIuAny to extent the relics OF NOR,
technical would not only make for greater Jus
toe, but Il would result " more exact observance
OF the oath and sve 10 Il greater striotness an'
sincerity. We forced TO recognize then that per
jury prevails common and crying evil
What be done practically for the public goo
and the honor the to the oath from
the clutches OF the immortality by which IL Is pro
fanedg Sufficient punishment Is deereed for hin
who knowingly and malicously violates his swou
, word when the crime be proved But larg
part the debasement OF the oath arises from lac
knoYledgc OF the significance OF the terms whie
constitute It's form. lack OF appreciation OF Il
} religious character undeliberate carelessness
considering its obligations. 10 unconscious unwtfu
bias and exaggeration born OF the dverting effect
mind and will of passions and strong selfinteres
which for the time being effaee the usual weak I'm