.
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n.
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KAN.
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artist.
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"Well, I've not used exactly the right words in asking my question," he answered, "but my meaning is, Does the practice of law necessitate the doing of wrong in any way?" This is, of course, the meaning of all those who ask the questions. I told the young man that I had a number of inquiries to answer, all in regard to the same point, and would take this means of expressing my opinions upon the subject.
Now, my young friend with the ambitions bee of legal aspiration humming so near your head, before we pursue this discussion, let me ask you if it is your idea to make law your life work in order that you may be of use in the world,—or be cause it is a profession in which fame and wealth are said to be won with so great ease? Because, in truth, the answer to your question is contained right in the answer you are able to make honesty to this one. When you have carefully analyzed your motives in desiring to take up the law, I will tell you whether the answer to your question is in your case yes or no; for no one ever undertook any work with the hope and intention of being of real use in the world, who did not find they could pursue that work without in any manner doing violence to the right, and no one ever undertook anything merely for the sake of fame and money who did not find that it was a calling success in which required the sacrifice of honor and conscience.
+ +
If you find that your real purpose in entering the legal profession is, to fulfill the duties of life, but are uncertain as to a real fulfilment of those duties being possible in that profession; in other words, if you half believe the lawyer must be an insincere, dishonest, possibly a deprived and wholly vicious man;—if this is your case, let me precribe some wholesome pills and powders of truth concerning the real and practical duties of the attorney. I think the treatment will purge you of misapprehension of the character and requirements of a lawyer's work, and so cure you of the complaint. I shall coat my pills with the old and well-known hackneyed-truth composition that has been familiar to all gentlemen of the long robe and their friends since the first time the idea got into someone's head, that the attorney is not a member of an honorable profession. You would probably have found these truths out for yourself, if you had done a little less asking and a little more investigating and reasoning.
+ +
I have not found any one, in all my experience, who questions that a man who conducts a criminal suit for the state is engaged in a strictly upright and commendable work—except, indeed, the criminals he prosecutes. It is probably taken for granted that, as he is representing law-and-order, he must be honorably engaged; which is a perfectly justifiable conclusion. The unfortunate attorney who happens to be employed in defending some one charged with misdemeanor or crime, or in some civil suit, is the one who seems universally the object of the seorn, contumely, and invective of a large class of misinformed, cranky grunners, and of the political "reformers." The lawyer,—which means the lawyer of this class,—is the target of the latter's rhetorical darts, and more than one election has been carried without a principle upon the successful side, by merely pouring out on the devoted heads of this profession the vials of wrath stored up in the bosom of the school house spell-binder.
moral uprightness on the part of the lawyer who is employed in a civil suit or who represents the defendant against the State's prosecution. If the fulfillment of what is required by such positions interferes with the performance of duty either to man or to God, we must of course at once concede that no lawyer can practice his profession without doing wrong. Does the performance of his duty require a violation of his obligations to either?
喜盈
The statement made concerning the attorneys who are held to be of the dis-honest class being granted, nothing is left that needs to be said in behalf of the State's attorneys, so long as the men so designated represent the State only, although the nature and extent of their duties might be the subject of a long paper. I must therefore endeavor to satisfy you concerning the possibilities of strict
I am going to use the word "society" in talking with you, and shall use it as meaning the people of the State organized into a community, and synonymously with the words "State" and "Nation." These omnimal unit, then, when it formed its State government, recognized, as men have always recognized, that certain acts done against any man within its limits are wrong, and that the frequent repetition of such acts must lead to the dissolution of the social ties which are prized so deeply and for which so much would be sacrificed by us. This recognition naturally led to the passage of laws against those acts and to the appointment of men whose special duty it is to enforce these statutes to the letter. Our aversion to such misdeemenors or crimes is so great and our fear of the social disintegration that would follow their too frequent occurrence is so much greater, that we demand of our prosecuting officers the strictest and most energetic prosecution of alleged violators of law, from the time they are first suspected of such violation until suspicion ceases to lie against them, or until they are apprehended, brought to trial, and convicted or acquitted, as the case may be. In the eye of society, the alleged criminal is guilty until proved innocent, no matter what contrary maxim may govern the conduct of the law in passing upon the case. Looking upon him as a dangerous man when unrestricted, the State imprisons the accused, and holds him in prison until he is tried. It must do so. It cannot afford to run the risk, to expose itself to the almost inevitable consequence, of uncontrolled disorder, crime, and anarchy that would follow a failure upon its part to so pursue those charged with lawbreaking. It is a matter of self preservation, society's demand upon the State's attorneys for the turning against the prisoner of every circumstance, and every bit of testimony that may with any degree of reason be construed against him. It is no less a matter of self preservation, that it requires not so much that justice shall be the aim of its legal representatives in prosecuting alleged criminals as that they shall make a mighty effort to convict.
This incentive of self-safety and defense is so strong that we have been compelled to resort to the intervention of juries to prevent the unjust encroachments of the State upon the rights of the individual. Yet, the jury is composed of members of the community, whose interests are at stake with those of all their fellows; they are alike threatened by disorder and crime, and are perhaps inclined slightly to give the benefit of any doubt there may be in the case to the State rather than to the prisoner. Not that they would intentionally be unfair, but that they feel themselves threatened when society is threatened, and they must see clearly the reasonableness of the doubt as to the guilt of the accused, before they will accord to him the benefit of that doubt. Thus, there is in every criminal proceeding an inclination to encroach upon the rights of the individual, and a possibility that amounts sometimes to probability, that the State will so encoach. Yet the rights upon which society tends to infringe in spite of restriction, and which it possibly does sometimes violate, are God-given and "ina-lionable rights," rights that are common to all men, rights that cannot be jeopardized to one except they be jeopardized to all, rights that cannot be disregarded in the case of one without making greater the possibility of their being disregarded in the case of many. There is no earthly power that can deprive a man of the possession of these rights, nor of the right
of defending them, through himself and through others. We believe this; and when a man takes into his own hands the defense of his rights against tyranny and oppression, and calls to his aid any honorable means, we praise and honor his actions. Much more we praise and honor the actions of men that, having no direct personal ends to be gained thereby, take up the cause of others and defend those others at the peril of their own interests. Yet, when a man is accused before the bar of justice with the commission of some act,—the penalty for which may be years of imprisonment, or even death,—and when another man steps in and undertakes to withstand the pressure of a community, a State, it may be the Nation, upon the rights of the prisoner, we are silent, or open our mouths only to cast contempt at him and his profession, to question his motives, to assail his means—and all this, too, nine times out of ten, without knowing more of his motives or his means that the blind kitten knows of the temperature of the North Pole!
You may be sure that this task of guarding the rights of the one against the tendency to infringe of the whole is no light or inconsiderable task, to be done without much of thought or labor. But think of the attorney as a man, a citizen, having his duties to perform to the state at the same time he is performing his duties to the prisoner and through him to each individual member of society in opposition to the efforts of society; think of him, responsible for any wrong that society may do his client, responsible for any wrong that may be done to society by the acquittal of his client—think of him, under these circumstances, pleading for justice to his client and for justice to the State, pleading for the safety of the rights of men and for the safety of society, and tell me if in such a man, so fulfilling his antagonistic duties, there is anything of dishonor or dishonesty, anything of dishonor, anything of unworthiness! It is only when the attorney forgets his duty to his client or disregards his duty to the State that he becomes disgraced and worthy of contempt. So long as he does not forget or neglect these duties, and if he lives up to the standard of a man and to the requirements of his profession he will not neglect them, so long as he neither loses sight of nor disregards his duty to the State and to the prisoner, I repeat, he is doing a grand, a noble, a sublime service to mankind in society and to mankind in individual embodiment.
For such a man there must be no inception, no base appealing to wrong or improper motives. His whole thought and his whole effort will be directed to the establishment of justice, that good may come thereby; and such a man is not only doing his duty to humanity, but also his duty to God. However, I think I understand something else that was in your mind when you asked me your question,—something about political life, wasn't there? Well, put that out of your head for all time. In the first place, the law yer does not have to become a politician unless he wishes to, and in the next place, there is no more need of his using unfair and dishonorable methods in politics than there is for the preacher to use such methods in urging for Christianity. The standard of the lawyer is none other than the standard of a man. A lawyer is nothing but a man. His being a member of the legal profession does not absolve him from doing the duties of a man, from his obligation always to do right and never to do wrong, nor are the requirements of that profession that he should do anything else, but on the contrary, they demand of him the highest manhood and the most upright character.
No less is this so in civil actions. Attorneys are employed to represent the rights of the parties; and I venture there never yet was a suit in which all
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[Concluded on fourth page.]
SILVER LINK BUTTONS.
SILVER TIE CLASPS.
SILVER HAT MARKERS.
SILVER STAMP BOXES.
SILVER NOVELTIES IN EVERY FORM.
Stamped with Initial Monogram or Crest
Fine Stationery "" ""
One hundred Engraved Visiting Cards and Copper Plate, $1.50
1034 MAIN STREET.
Send for grand catalogue.
--sells all kinds of the best groceries to be had.
--sells all kinds of the best groceries to be had.
Red Front FOR TEA & GOFFEE.
J. H. JOHNSON,
BAKERY.
Next to Central Hotel.
REMEMBER
Geo. Hollingbury, the Practical
TAILOR
can supply you with genuine well
MADE
all wool.
SUITS
made to order for
$15,00.
LOU ZUTTERMEISTER
Proprietor of the new
HAS
Ice Cream and Oyster Parlor REMOVED
TO 709 MASS ST.
Refreshments for Students: Parties furnished at discount rates. Best of Candles, Oysters
JUNG SEUNG.
Chinese Laundry. WEST WARREN STREET.
WEST WARREN STREET.
JOHN P. FELLOWS.
Watchmaker and Jeweler.
No. 827 Massachusetts Street.
Academy of Dancing and Deportment.
*Children's* Classes every Saturday afternoon at a clock,computer,or piano. Book now. *Children's* Child Hum. Books now open.
Private instruction in Vocal Culture, Taping and Dramatic Art given after attendance. *Ethic Beach*
Instructor: MISS GEORGIA H. BROWN,
Adults Classes every Friday evening at 10:30am
DOUGLAS COUNTY
Opp. Eidridge House. H. E. BENSOX, Cash'd
REAL & GODDING,
Livery, Hack, Sale and Boarding Stable.
OPPOSITE LAWRENCE HOUSE.
Talentium 139
Telephone 129.
JACKSON'S LAUNDRY KANSAS CITY.
R. E. BLACKMAN, STANTON OLINGER,
Agents.
STEINBERG & BRO.
CATER AFTER
The Students' Trade
FOR
Nobby Suits,
Stylish Overcoats,
Fashionable Hats,
Underwear, etc.
We guarantee to save you money on all purchases. Pants made to order for $5.50. Fit guaranteed.
739 MASSACHUSETTS ST.
A. REINISCH,
RESTAURANT & BAKERY.
725 MASS. ST.
LAWRENCE. KANSAS
THE SIGNAL
THERE IS ONE THING
Which a Student should always remember, and that is that A. J. Griffin's is the cheapest, the most reliable and the most convenient place to buy
COAL.
REMEMBER A. J. GRIFFIN.
7 Mass. Street,
Wintrop Street West
phones 86 & 88.
Mass. Street,
LOCK'S RESTAURANT
AND LUNCH COUNTER.
STUDENTS' BOARDING PLACE.
STUDENTS' BOARDING - PLACE.
CONNECTIONARY AND CIGARS.
( Board per week. $3.00 )
( Meal Tickets. $3.50 )
816 Mass. Sr. . LAWRENCE.
WILDER BROS.
SHIRT. MAKERS
GENTS' FURNISHERS,
Students will do well to see our on hand Shirts and Underwear, made for parties and not taken. These goods are standard and can be bought for one-third regular price.
Custom LAUNDRY.
TELEPHONE 67.
Work called for and delivered.
Above is our sand machine, but we haul our coal in wagons. Drop into the basement of Merchants Bank and order your coal.
Gulbertson & Thoburn.
STUDENTS
CALL AT 620-874-5930
CALL AT THE KANSAS BAKERY
Fruits and Confectionary It is the best place in the city.
W, & W. Cst. 18, Mdl & Stu 6, K - O, Mc. Business. Hurband,
Trenchcap. English. Fashion. International of paunchlessness of plamance fee
The picture and biography of Geo. O. Foster, the University stenographer, occupy the first page of the State Christian Endowor for this month. Mr. Foster
coming to the iron
Some will write.
It must be almighty dull in Lawrence for a West Lawrence girl is visiting at Baldwin.
Malcom Williams has got down to
that the Faculty has hired to serve in the time honored Senior-Faculty base ball game.
The Interstate Field Day contest is still a thing of uncertainty. It is probable, however, that a contest will be held at Kansas City between the
called after nearly ever-
dered. The comical
exceedingly well rea-
fied to bring down
Farrell, the fami-
adirms from the so-
pelled to respond.