Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1921-08-03


legal knowledge asa qualification is the
equally amusing theory that 1T is the
smart lawyers that do the damage, and
not the ignorant ones Most Of the
damage done By smart lawyers is when
- rney are opposed by ignorant ones, who
do not know how to attend to the inter
ests Of their clients. The sale OF legal
ability ought to have as much safeguard
as the sale Of butter A man should not
be allowed 10 misrepresent the quality of
his goods-to hold himself out as
skilled lawyer, recognized by the courts,
when he has no knowledge Of the law.
Everybody recognizes this as to doctors;
but there are cases where the loss Of
legal rights through an ignorant lawyer
are almost as serious as the loss Of
health through an ignorant doctor"
But later, discriminating friend called
my attention to the fact that I over
looked the real significance OF the obicc-
ton; that the point was that the moral
character OF the lawyer was more impor-
tant than his mental requirements, but
the amendment struck our the require
ment OF moral character and substituted
nothing for It except legislative discre-
ton, which might mean no requirement
at all. In principle It is the same as the
tax amendments. to which many lawyers
object
MORAL STANDARDS
UNDERGO CHANGE
Is any amendment needed? There have
been many changes in moral standards
since 1851. 1t was not immoral then to
sell Intoxicating liquors. IL was not i'm
moral then to hold slaves; and indeed,
there was a moral obligation imposed on
al good citizens by law TO aid in re-
turning ruGawsy slave 10 his owner.
It WAS not immoral then TO sell lottery
tickets. But in nothing has there been
q greater change Of moral standard than
In the recognition that Il is immoral 10
profess to sell something that you cannot
deliver. This Is not only recognized IN
blue sky laws, but especially In the
sale Of skill and knowledge. Our laws re-
Quire examination and license before any
one can practice as a pharmacist, rhysi-
clan, veterinarian, emb8lmer dentist
nurse. optOmetrist. teacher. civil engin-
eer. certified accountants mine boss. fire
boss, hosting engineer or midwife. Why
not lawyers
Admission TO the bar is granted By
Judge on motion OF a lawyer In good
standing. II is in the nature Of q Il
cense. Is q person who asks this iDdtrse-
melt CT a court when he has not even
the rudimentary knowledge TO III him to
begin practice not evidently deficient in
moral character? No lawyer need move
for bis admission. and no court need adj
NIT him, any more than IL need naturalize
e foreigner, who, on examination, shows
no knowledge Of our Institutions. More
over. in most OF the cases cited Of bad
effects of the present rule the real OBJ
lection is not to the lack OF legal knowl-
edge. but entirely TO his moral character.
EXAMPLES OF sICKLY
sENTIMENTALITT.
In Marion County. the two cases com
monty cited are OF a lawyer, vaO re-
Gently had been disbarred in an ad-
Joining county. and properly disbarred;
and Of another. who had just returned
from a term in the penitsntisry. In
these cases protest was stllled by the
high character Of the lawyers who moved
for their admission, and who were pop
ular favorites for their kindly dispo-
sitions. They are both dead. I honor
their memories for their good qualities.
And yet I must confess that their actions
in these cases were as striking exhi-
billions OF sickly sentimentality as were
ever shown by any woman who sent
flowers to a condemned wife murderer.
OF lamented his sad fate. Both men ad-
n nitted were known wolves" and IN
Astrict justice the lawyers who moved
Yfor their admission. and the courts that
admitted them. with knowledge of the
facts ought TO have been disbarre1 for
turning them loose on the community
with their Endorsement.
But these are minor things. Has the
legal profession guarded its reputation
as 1t should? Every lawyer IS under
oath to support the constitution OF the
State The constitution provides, as to
legislation, that mo bill shall be pre-
sented TO the Governor within two DAYS
next previous 10 the final adjournment
Of the General Assembly" This pro-
vision is regularly and fisgrantiy violated
at every session OF the Legislature, under
the claim that It is the privilege" Of
the Governor to accept such bills The
Supreme Court has decided repeatedly
that the Governor has no such prlvi-
lege. It avoids holding such legisla
ton unconstitutional by refusing 10 90
behind the enrolled bill: on the theory
that II the Governor. Lieutenant Gov
ernor and Spea ker of the House choose
70 violate their official oaths. and certify
that a bin was consdtutionally passed
when it was not in fact the count cannot
assume TO question the certificate.
WORD FROM
SUPREME COURT.
Here Is what the Supreme Court said
Ia 1882:
public authority and political power
must. Of necessity, be confided to officers
who, being human, may violate the trusts
~Seposed in them. This perhaps cansOt
be avoided absolutely. But It applies
also to all human agencies. II is not fit
that the judiciary should claim for it
self a purity beyond others; nor has it
been able at all times with truth to say
that fits high places have not been dis
graeed. For the same reason 1t
may 90 beyond the journal when that
Is impesched; and the validity of
legislation may be made TO depend upon
the memory of witnesses. and no man
can. In fact, know the law. which be is
bound 10 obey. Such consequences would
be = large price to pay for immunity
from the possible abuse OF authority BY