Evening star., 1932-10-12

for the gathering.
and voluntarily and without hope or
expectation Of the slightest personal re-
ward, but solely in response to sense
of public obligation. What trade, class,
or calling, ask you. devotes itself so
consistently or with greater Self-sacri-
flee to the improvement Of conditions
and to the protection OF our institutions
from the assaults both OF the vicious
and of the well-meaning but misin-
formed?
1t is pertinent to inquire what the
layman is doing to improve the ad-
ministration of justice. Is he not prone
to regard this as exclusively the law
yer's task? If so. he is greatly in er-
ror. The law is the layman's law and
the courts are his courts. 1t Is true
that, because of his experience and
technical knowledge, the lawyer should
take the initiative; and he is doing So
But the problem is the layman'S as
we'll as the lawyers. and the lawyer
cannot possibly solve it without the CO.
operation of the layman.
1T would be audacious indeed to at
tempt to catalogue all that should be
done A few things. however. can be
suggested which, II done. assuredly
would work vast improvement in the
administration of justice.
First: The bar in every State should
have the power Of self-government. In
stead Of the legislatures undertaking to
prescribe the conditions Of admission to
the bar and seeking to determine the
causes for discipline and disbarment,
these matters should be handed over
tn tho hor itSalf with tho
only to refuse admission to applicants
lacking in intellectual training or moral
character, but also to Scourge from its
ranks the INSCRIPTIONS and unprofeS-
sional lawyer. The exercise of these
powers by the bar should, Of course, be
subject to the control and final arbitra-
ment Of the court. Then. and not un-
I'll then. can the bar properly and justly
be held responsible for harboring in
competent and dishonorable members.
Furthermore, nothing will so stimulate
professional solidarity, professional
pride, professional responsibility and
professional activity in the public in
terest as an all-inclusive and self-gov-
erning bar.
Second: There should be in every
State judicial council with an official
status. 1t should have the power to
observe the administration OF justice.
assemble data and recommend improve
ments; in other words. an official body
constantly watching the functioning Of
the machinery OF justice and on the
alert to detect weaknesses and imper-
iections and to propose measures for
their correction.
Urges Self Government.
Third The courts should be self
governing. They should have restored
to them the power to prescribe the rules
OF practice and procedure. This Is, in
deed, a judicial function: but it has been
ISurped by the legislature. 1t Is a re-
markable thing that various boards and
commissions, created by Congress an6
by the several States, designed to deal
with controversies and problems involv-
ing vast sums of money. and manned
by men who are not trained in the law,
are given the power to prescribe their
own practice and procedure, while the
courts, comprised of lawyers, and with
recourse to centuries of precendent as
well as to the wisdom Of advocates
trained in the law, are deprived of this
power. Much of the delay Of which
the layman complains is to be attributed
to the rigid, inf1exible, and often ar
chaic rules which have been pre-
Scribed by legislature, perhaps
years before, and which, were it not
can be changed only by the
tedious process of legislative enactment.
The expeditiousness of British justice is
chiefly attributable to the fact that in
Great Britain the rules of practice and
procedure are formulated, not by Parlia-
ment. but by the Rules Committee, un-
der the supervision Of the judiciary.
Give our judges the same power, and
dockets will disappear and the
delays which now afilict us
will be avoided.
Fourth: The educational standards
Of this association should be adopted in
all the States. Too great praise cannot
be accorded the council Of our section
on legal education and to its adviser
for the gratifying progress that has been
made since the adoption Of our stand
ards in 1921. At that time only one
State required two years Of college train
Ing. Today there are 10 common
wealths which have either present or
requirement of two years of
college training or its equivalent for sub
all applicants. In these 10
we find SO per cent of
the lawyers of the United States. In
Is other States our standards have been
approved by the State bar associations.
The flood tide Of candidates for the bar
the necessity for sustained
effort. From the general adoption Of
these standards will undoubtedly flow
great good to the bar and to the people.
Fifth: The layman must do his part.
He must do his part as voter. Even
.hough the law should establish the most
perfect machinery on earth for the ad-
of justice. it will not func-
ton effectively unless 1t is placed in the
hands of competent and honest men.
This cannot be done unless the layman
Is keenly alert to his responsibilities as
q citizen and is constantly active in
their discharge. Every elected judge
upon q State bench who administers
the law, every elected State prosecuting
official who prosecutes offenders against
the law, and every member of q legis-
lature who makes or fails to make the
law. owes his position to the laymen
Of the State. The lawyer in the legis-
lature who opposes these reforms does
not reflect either the judgment or the
purposes Of the bar; rather fesponsi.