Evening star., 1923-06-03
By THOMOS II. MARSHALL,
Former Vice President OF the
United States.

Whatever else we do. we must not
criminate criticism OF the verdicts Of
juries and the judgments of courts.
We must remain ever mindful that
every principle has to be applied by
purely human intelligence. 1t naturally
follows that what twelve men might
say another twelve men might not
say, and that what twelve men might
ray at one time or in one place they
themselves might refuse to say at an
other time or place. The best as well
as the worst Of men accumulate
prejudices. regional prejudices and
other prejudices. Most of us also
have our opinions colored by the blood
In our veins and the occupations we
follow. old-blooded men. as case
in point, do not reason along the same
lines nor reach the same conclusions
as hot-blooded men. So that which
may seem to some to be a miscar-
riage of justice may appeal to the
men who decided the cause and to the
community most interested as being
the absolute perfection of wisdom.
do not argue that we ought not
10 attempt and keep on attempting
more and more to approach a perfect
standard whereby may be measured
disagreements between all races and
conditions of men: merely insist that
thoughtful consideration of judicial
questions must never be displaced by
indiscriminate criticism. However
much any of us may rail about a law.
ii is we'll rooted if 1t suits the people
most concerned. and the chance of
changing II will be slight unless and
until the attitude OF the people
tn I'D
may we'll allow lawyers to devote
themselves TO the overruling of court
decisions. As for the rest of us. the
best we can do is to devote ourselves
to changing the outlook of the COM
munity or the outlook Of the lawyers.
The administration of justice-f
speak particularly OF criminal Law
is akin to malaria. IT has periods OF
chills and fever. For time a COM
munity will take so little interest in
law enforcement that every defend
ant goes acauit. Almost any lawyer
at such time can raise reasonable
doubt as to whether the deceased
might not have dropped dead from
heart disease between the firing Of
the weapon and the penetration Of
his heart by the bullet. Finally
something occurs to arouse the pub
lie. The newspapers talk about a
crime wave. Citizens become ex-
cited. and then woe to defendants.
Every man accused of crime is found
guilty. Slight circumstantial evidence
is sufficient TO convict under these
circumstances.
Public opinion is like a pendulum
of clock 1t will move across the
entire arc and back again. 1t is not
possible, even II IT were desirab BILE,
which | doubt, to bring II to a stop
This constant movement through the
centuries has been the compelling
force that has moved the hands for
ward upon the dial of destiny. Some
thing may and should be done. how
ever. to prevent wholesale convictions
and acquittals according to the tenn
per of the community. Personally. /
am sorry that the courts have held
that an American lawyer was not
bound to defend a man who was un-
able to pay a fee. and ! am equally
sorry that the courts have held valid
contracts for fees contingent upon
success. Such decisions have not ele-
waited the lawyers profession. !
would not have it thought that i was
complain lining. I have the deepest re
gard and veneration for the legal
profession. spent most OF my life
in it. Yet I feel that commercial
age has had an effect, far too great
in commercializing the law.
Untold numbers OF young men are
admitted to the bar by the taking Of
a simple oath that they Will faith
fully and impartially discharge their
duties as attorneys. They are ac-
cepted without being required to give
consideration to what they really
were intended to be under our sys-
tenn. They assume that their admis-
sion marks the beginning Of an op-
portunity for success. that their re-
sponsibility is measured by their
knowledge and skill, and that they
are engaging primarily in the bust
ness of making a living. They COM
pletely overlook the fact. IL ever it
was brought to their attention, that
they are officers of the court in which
they practice. as much so as is the
Judge who presides. Great Britain