El Paso herald. (El Paso, Tex.) 1901-1931, 1920-07-24

CIR EDWARD COKE who lived 15fo1634 wrote: Reason
y Is the life of the law; nay the COMMON law itself is
nothing else but reason The law Is perfection OF reason
That may been true Of the law; and many
lawyers still be found who passionatey over the
beauty Of the law and seek to transfer Coks idea to the
vast and intricate body Of statute law and law which
has grown up since Coke's day Every young man VINO
begins the study Of law with view to entering me pro
eson becomes enamored Of his delightful task his Black
stone becomes his Bible his intellectual affinity his first
love Indeed it is beautiful and every man with brain
delights IN following the foundation courses IN the law
Tere Is no more fascinating pursuit IN the world for
who is so fashioned that he enjoys mental exercise enjoys
It as game interests himself keeny the devotee
to chess whist mathematics dogmatic theology OF
But he law as we know it today IN the United States
IS something different from "the Aw' which sir Edward
Coke wrote about It cannot be said Of it that "The
law Is perfection Of reason"
When the common law began to emerge, there the
greatest need to protect the people, against hs govern
nent" From Magma ChaTta on It question Of @the
peopeH Wrestling from @the government human rights
that had been usurped.
with the millions upon millions Of additions that have
been made to the law in all its manifold branches since
those days It has to be fact that today e govern
ment" which is to say (in a democracy democratic
Tepubc "the people finds difficulty at every turn IN de-
Tending itself against that small minority which gener
ally disposed to do injury to others and thereby to the
In the earliest days. the formative period of the common
law the people" subject to terrible and constant
oppression Each step In advance had for its object and its
early days It might almost be said that everybody was
criminal who not at the moment serving abjectly the
criminals" had rights except such asserted by
force The changes slow the development exceedingly
gradual Hundreds and hundreds Of years with their count
less and incalculabls sacrifices required to ad
the process the point where It could be said that
should be assumed innocent until he proved
guilty It is interesting TO trace in detail all the important
steps IN the process but that is not the purpose Of this
sketch.
The truth today is that @he law as we know 1t has
made It, and making it. exceedingly difficult and often
impossible, for the great law abiding majority to defend
itself against the small vicious minority In countless
ways that every clever lawyer makes It his business
MASTER II IS made easy for the criminal to escape and
harder and harder for the criminal to be brought to pun
ishment
The responsibility is to be divided The state of public
sentiment is the chief element, for with strong VIII
nightly directed and with unity and organization the
j0rity accomplish anything it sets ont to DO.
Lawyers make laws, pass upon them direct their
Administrations II Is indeed that find today
daring short and blaze trail the end Of justice
Lawyers public office too often permit themselves be
bound up and mmobzed BY the coils Of he law instead
Of making Of "the law" to accomplish the ends of
justice
It always refreshing read decisions Of high courts
large questions such those involving constitutional
Trained lawyers take keen pleasure IN
studying and adjudcatng such golf player takes
N trying stroke And their works are often works
OF beauty. It is not to such exhibitions Of legal
that reference is made but rather prevailing prsc
e IN the criminal courts and IN equity courts dealing
with causes Of certain kinds such those involving pos
hls impending wrong injury which It Is desirable
as matter Of public policy to prevent
hs law Of evidence has become such that Il Is often
exceedingly difficult to insure verdict Of guilty
though the fact Of guilt nay be indsputable BY any nor