Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1915-07-13
NO. 56.

fusing trickery and complicated tech
nicality. Outstanding leaders OF the
most intellectual Of all professions,
seemed to develop along lines on which
men who ought to be the very high
priests Of justice hold their brains as
purchasable commodities for the
causes that even threaten the integri-
ty Of human society, and In their
hands the machinery Of the law Is ex-
pertly manipulated, to postpone and
defeat the known ends Of justice.
Democracy Is simply losing faith In
the law and the lawyer, and the de-
mand for the recall Of judges and Of
legal decisions Is only a symptom Of
its protest against conditions as they
are, and a prophesy that one day Ii
Is going to take matters into Its own
hands, IL the lawyer will not. II a
layman may modestly venture an
opinion, 1t would be for the common
good, now and in the long run; II the
profession Of the law would re-adjust
its ethical standards to meet the new
conditions, simplify legal processes,
free them from the dead hand Of
worn out traditions, cut the enve,op-
ing net Of needless technicalities, in
which, to the outsider, justice appears
too often to be struggling in vain to
escape, and hasten the movement OF
the machinery Of the courts. One
thing is sure, the common good de-
mands some sort Of reform to MAIN
tain the majesty Of the law, and II
1t does not come from within the
profession itself, it is going to come
from without It."
In every age, the lawyer has played
a conspicuous part in shaping the af-
fairs Of state; and in certain coun-
tries the legal profession has taken
rank among the orders Of nobility.
From the fourteenth century, the
bar Of France constituted an order Of
nobility, known as Noblesse del Ia
Robe, until the French revolution In
1889. The magistrates, who, as MEM
bers Of the parliament Of Paris, repre-
sented the feudal court and council
of the ancient kings, were selected
from this order. Thereafter in 1904,
Napoleon decreed the re-establish-
ment Of the order Of advocates, assign
the most proper to maintain the pro-
bity, Gelicacy, disinterestedness, de-
sire of conciliation, love Of truth and
justice, an enlightened zeal for the
weak and the oppressed, which are the
essential foundations Of their profess
sion."
Among their privileges in Rome, the
advocates were exempt from many
burdens imposed upon others.
After ceasing to practice their pro-
fession, they were admitted to the
order of counts Of the first rank.
Ex-Chief Justice Parker Of New
York, who Is an ex-president OF the
American Bar association, concludes
an address as follows:
IN closing I would emphasize anew
the thought that, as the lawyer hnds
himself the beneficiary and heir OF
great privileges, which yield command
ing opportunities, II Is more incum-
bent upon him than upon any other,
to recognize that those privileges ana
powers impose obligations from which
there can be no escape, as, indeed,
there ought not to be, except by
meeting and welcoming them In the
completest sense possible. II, at any
time. II shall become apparent that
the sanctity Of the ballot Is either
threatened or assailed; II the adminis-
tration Of the law, whether civil or
criminal, becomes either lax or care
less; II the evils In Industrial move
ment manifest such power that they
threaten monopoly, or put popular
rights in peril; IL the executive, the
legislative or the judicial branches OF
our system shall, either by design or
accident, tend to trench unduly or
dangerously, upon the rights OF any OF
the others, the one man who should
resent and resist the dangers thus
threatened. is the American lawyer.
The traditions of his profession, the
execution Of the high trust confided
in him, the example set him by great
leaders through many generations, all
demand that he should exercise tnt
greatest watchfulness, and show the
highest courage" $50,
In speaking Of lawyers responsible
ty, Chancellor Kent well said:
"The responsibilities attached to the
profession and practice Of the law are
of the most momentous character. lts
members by their vocation, ought to
be fitted for the great public duties OF
life, and they may be said to be ex-
officio natural guardians OF the law
and to stand sentinel over the consul,
tutions and liberties OF the country.
It was a lawyer who wrote the
Declaration Of Independence, promu!.
eating the freedom and equality OF all
men before the law, and their fnalien.
able right to life, liberty, property ana
the pursuit Of happiness.
The groundwork and cardinal pr1n-
ciples Of the Federal constitution
emanated from the brain OF the law
yer. In the Fifth and Sixth amend
ments to the same constitution, Wnlch
were passed at the first session OF
congress, providing for presentment
before the grand jury, against beins
twice put in jeapordy for the same OF
fense, against the defcndant peins
to be witness against hlm-
self, against the citizen being deprived
of life, liberty or property without due
process Of law; against private prop
erty being taken for public use with.
out lust compensation; providing that
in criminal prosecutions, the accused
shall have the right to a speedy ano
public trial by an impartial jury OF the
state and district wherein the crime
shall have beer committed; to be IN
formed Of the nature and cause or the
to be confronted with the
witnesses against him; to have com.
pulsory process for obtaining witnesses
in his favor, and to have the assistance
OF counsel for his defense, are rights
which now seem as If they had always
been enjoyed by the people, but the
trainers Of these two sections knew
that there was not a right therein
mentioned that had not been denied
the people in the past, and that had
not been bought at the price or the
patriots blood.
We have faith in the legal profession
and in the people, and firmly believe
that they will yet cooperate to re-
store representative government:
A curious novel appeared in the lit
erary world few years ago, to which
its author had given the peculiar
name Of "She"
1t contains a weird description or
English travellers landing upon the
savage coast Of Africa where they
found marks Of rast civilization.
There was the ancient stone wharf
imbedded in the mud, and there was,
also, the long forgotten canal.
It tells how they struggled up the
lonely river, and across the morass
of the city Of Kor, then in ruins.
Those Of you who may have read the
story will recall, no doubt, the vivid
picture Of the deserted and crumbling
Temple Of Truth.
Within its inner court was statue
of the goddess, who once had in
worshippers.
On a pedestal there was a magni-
ficent marble globe, upon which stood
a sculptor's dream Of female lowell
ness.
A veil was over her face, and her
hands were extended in supplication.