The McDowell times. [volume] (Keystone, W. Va.) 1904-1941, 1917-09-28


virginia met in the Office Of The Nc
Dowell Times Saturday the 22. A ma
iority Of the Negro assorneys of the state
were present and took an active part in
the proceedings. Attorney J. M. Ellis,
OF Oak Hill. president Of the association,
presided. T. q. Nutter. of Charleston,
the secretary wrote the president that be-
canse of an important business engage
ment he was unable 10 be present. TeIe-
CRANE were received from w. +. Denny,
Brown w. Payne ana J. F. Butts Of
Becky, and r.. e.. Graham uf Wheeling,
assuring the association OF their interest
and Wishing successful meeting. 7.
Edward Hill of Keystone was elected
temporary secretary and several new
members were enrolled.
The session was noted for the able and
scholarly addresses Of the president and
Attorney Harry J. Capehart of this city.
President Ellis read his annual address
which was listened to with much inter-
est Following are excerpts from the
address: The purity over efficiency of
Judicial administration depends - much
upon the character, conduct and de-
mesnor OF attorneys in this great trust -
upon the fidelity and learning OF courts
or the honesty and intelligence of juries.
An attorney appearing or continuing a
private counsel in the prosecution of a
crime OF which he believes the accused
innocent foreswesp himself" The
prosecuting attorney is q criminal il be
presses for conviction, whereupon from
the evidence he believes the prisoner in
nocent-" ''if the evidence 10 uos sssnnr
enough to Justify . nolie, . public pros
ecutor should submit the case with such
comments as are pertinent, accompanied
by . candid statement OF his doubts -
"An attorney must decline in Q civil
cause to conduct . prosecution. when
satisfied that the purpose 10 merely 10
harrsss or IDjure the opposite party, or
% work oppression and wrong" 1T is
bad practice for an attorney to comrnu-
nicste or argue privately with the judge
~ 70 the merits OF his case Conf
deDce and communications between at
torney and client are properties and &C.
errts of the client and cannot he divul-
ged by the attorney, even death OF the
client doesn't relieve him OF this secrey."
"Clients, and not their attorneys, are
the litigsnts, and whatever may ne the
III FEELING between the clients, il is un-
professional for attorneys to psrtake of
IL in their condnct or m their demesnor
toward each other, or 70 suitors in the
case They should try the matter at is-
sue and not each other" Clients
shoul be frank in the statements Of their
case, and an attorney should be frank
with his client in telling him % 10 wheth-
er or not he has q case
Attorney Harry J. Cspehsrt delivered
an able and brilliant address on the
"Workmen's Compensation law" in
which he pointed out many defects in
the Law and showed that in the opertion
Of the lsw it Was not benevolent ss it,
sponsors claimed, that only sbout ~ per
cent OF the claims were ever paid and he
asserted hat he was Of the opinion that
hardly more than 80 per cent Of the
claims were paid arising in the coaldelds
Of Mcdowell county. He attacked the
Law Tor ve-ting almost unlimited power
in the Compensation Commissioner and
because the only appeal from bis decis-
ION ws- 10 the Supreme Court Their by
entsiliDg cost upon the workman ous of
all proportion ~ the relief sought. he
cited numerous cs-es 70 show that the
CDmp~D~stion Commissioner had denied
relief To injured workmen b>csnse Of
technical errors.
The address Of Mr.. Cspehart showed
careful study and intimste knowledge, OF
the compensation Law and will be pnb-
li-hed in full in q later issue and in the
yearbook" Of the association.
james Knox smith Of fhis city Cd
dressed the association on the subject Of
"Appesl-' and pointed out that n was
practically impossible for the poor 10 sp-
peal 10 the higher courts because Of pro-
hibitive costs borever unjust the d~cis-
ION of the trial court might be or bow
many errors may have been made by
the presiding Judge. He called attention
20 the statute Of North Csrolins relssins
W appeals and suggested that the Negro
Bar Association appoint . committee N
examine the statutes OF other states on
she subject an after research 10 prepare
. ball Tor introduction IN the merit r-xu-
lar session Of the Iegislsture providing
too relief IN such cs-cs. Later Mr.. smith
embodied his suggestion in resolusioo
vi ieh ~ss adopted and Mesn. Jsmss