Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-07-29

Back Of the lawyers are the Ameri-
can attorneys. in plain clothes ranks
leaning forward to coach their British
brethren. but unable to say a word as
British practice requires all the argu-
| ment to be presented by officers of
the court and British subjects. This
has caused some little embarrass-
! ment at times when, the reserved
British barrister did not urge a point
with that vehemence that seemed to
be warranted by the American legal
view point.
Sir Edward Carson, the attorney
general, is the central figure in these
prize court cases. He is the famous
fiery Irishman from Ulster who leapt
into world-fame when he organized
dared the government to enforce home
! rule on Ulster. He won on that to the
extent that home rule is still waiting,
and now he is member of the gov
eminent. one of the newly formed
coalition ministry. But there has
been nothing fiery in his conduct of
the prize cases. He speaks without
any oratorical effort, in a monotonous,
hum drum manner. all argument and
no defamation. He appears to have
little humor, for he looks blankly at
Sir Samuel on the bench when the
lord justice laughs and has a joke
In the case of the ships Kim and
Frldland carrying American cargoes
of rubber, Sir Edward cited many
American precedents. One of them
was from 3 Wallace. 555, the case of
the Bermuda. He read a long para
graph to uphold his contention, and
then paused with some apparent tri-
umph that this American case was on
all-fours on his side.
But the next paragraph which you
have not read" said Sir Samuel from
the bench, turns the case against
YOU" =
The difference between the British
when efforts were made to get copy
Of the printed brief and affidavit,
which Sir Edward Carson had been
reading in open court. In American
courts these printed briefs are open
to anyone. But when application was
made to the clerks of the prize court
they were scandalized at the request.
Briefs, they explained, were rigidly
secret. never going beyond the solicit
tors. who guarded them as a matter
of professional ethics.
'The Registry of the Prize court is
another vast structure adjoining it,
with endless bureaus, through which
the American attorneys wander in
quest of various branches Of their
cases, always receiving the greatest
tradition and conservatism against
quick action. And yet the officials
resent any suggestion that there had
been any delay in these prize cases.
although the American Htigants are
smarting under what they claim is de-
lay. One Of the chief officials. Mr..
Lowell. register Of admiralty, said:
There is absolutely no delay so far
as the Prize Court is concerned. Sir
Samuel Evans is sitting early and
late. He is going to give, up the
usual summer recess of the court
which begins in August in order to
dispose. of these cases with the
greatest promptness."
One of the British officials who has
had most to do with these prize cases
said it was manifestly impossible for
the political branch of the govern
ment. the Crown, to hurry the legal
branch. where the existing law had to
be administered according to the ex-
listing customs. It would not be ex-
pected. for example, he said, that the
executive branch at Washington
would try to hurry the United States
Supreme Court on political grounds
or in any way outside the usual ap-
piication for advancement. which, at
ter all, was at the discretion Of the
court. -