u
1(3 TILL : OAJl.A DAILY nEE : SUNDAY , j\AHOJI 10 , 199 ) .
LAW FOR YOUNG LAWYERS
-
Food Purnished to the Young Students of
Coke and Blackstone
DUTY or TilE LAWYER Fl"NlY DEFINED
Judge ! : George : 1S' , Aulbrosnor Teals City ; lie-
liver II Mn l..rly.Ir. . . It.rllro llao
Law Class IIr t Ia" StuteUrdter -
IIlly "I 1.III'oln.
Last Tuesday evening 1Ion. George W.
Ambrose , one of the JUdges of the dlslrlcl
court of lhls Judicial district was called 10
Lincoln 10 address the law class of the Slate
university In speaking he chose for his
subject , "I.aw nnl\ \ the I.awyer. " The large
lecture room of the unIversity building was
crowded 10 Its utmost capacity , many ladies -
dies being In the audience Upon being In-
traduced Judge Ambrose said :
There Is nothlllg new under the sun . "
nlth the wise man These limes In the
law demonstrate what uniqueness , os well
liS wisdom , Solomon displayed when he uttered -
tered : "OC book nicking there Is no end. "
Ills prophetic eye must nl least hy the vision
of faith , It nol In fact , have extended 10
our own day and generation. Law boosts ga-
lore. There Is nothing new abort them ,
except the bleating ot the sheep ot the lo\\- \
log of the calf , as shown In their covers ,
Lawyers and court have adopted the systems -
toms ot the hook mal < ers. Lawyers pall their
briefs In order to Impress their clients wllh
IIn Mea of their diligence , and courts extend .
lend their opinions lJeyollIl the points necessary -
sary for decision , unlll each IlIlllvhlual opinIon -
Ion becomes a treatise upon the sllbject ,
passed In re\'lew. In order 10 catch up , the
I
labor of the law student has Increased many
fold In the last twenty-fivo years because
of these Cacls. The burden Is becoming
greater , and will \ continue , I suppose , until
t some wIse men will gel together and de-
vIse a system of codification. But In all
tide book maldng and opinion writing there
Is nothing new. Do not expect LhereforC'
that I shall depart from this well authentl
caled course , anti give ! ; 10 you anything new
or brilliantly asLonlshlng. But the old str.II\
threshed over tonight will have one merit
t , not observable In our current legal ! ; IItera-
lure. 11 will noL allempt 10 exhaust the
subject of the whole law In one paller. To.
I day , as well as yesterday , lire law Is .the
sane as II has been In all the past Thane
never has beenany change ! ; of the principles
of right and wrong. The application oC
chose prlnclllcs have been and still / ale
being enlarged but III the concrete the law
Is the sanme Justinian In his codes covered
the same ground and embodied the same
rules as now exist In the . slatlllm of our
own slate. Wither , deeper and broader lines
ot the law ] than existed In the day ot the old
Ilomans Is all time evidence oC change. Time
law as well as the light oC the world , our
cIvilization , our arts and sciences ,
poetry and song , came 10 us from
the east : each has followed time course of the
sun , allll westward , noL only empire , but this
growth has extended , until time liberal ! arts
allli sciences , law and clvllizallon , have found
a resting place among ! a peollle fully prepared -
pared 10 give welcome 10 what of learning
may have been vouchsafed to us by the
fathers . , and here today , In the heart of time
old great American desert , has been founded
an Institution of learning second 10 none out
of whose doors from year 10 year will go
men nerved by the learln ! of the world
prepared 10 do battle ! for not only all thaI
Is good , but for all lhat Is besl.
Lord John Forlescue , In preface to his report -
port , lif8. says of tine study ot law : "As
the divIsion of , law Is into divine law and
time law of nature , lherefore It Is time business
ot men ali angels : angels may desire 10
look Into one and the other , Jut ! they wi
never ho ! able ! 10 fathom the depths oC
either. " This expression of Lord John Is
unilue , and ho may In that early day have
been advised that those who are supposed 10
guide us over "the dIm , unsounded sea"
know the law as wo understand I. Yet I
may safely presume that there are no angels
In this class of embryo lawyers and our
inquiries will bo solely directed 10 time sub-
ject as It Is presented 10 our more mundane
capaciy.LAWS
LAWS WHCI NEVER VARY.
My subject Is as comprehenslvo as ICe Itself -
self , Time law If not only n rile of conduct ,
but the conduct of mall Is governed by different -
ent Idnds ot law. Isach hind Is separate
and distinct from time other yet all arc
akin , allied one 10 the other for a common
purpose , 10 gp\'er and rule the race of mann
! In tholr dealings nol only a individuals .
but as one nation wih another nation. In
the code of law Intornatonnl each nation
become a clllzen , and time rule of conduct
prescribed for each Is as bInding as the rule
of conduct prescribed ! for each of its citizens.
The law Is ! a unit. Time law of contracts
torts all time like are but so many puts ot
the law universal prescribe by time supreme
power. They are but orders of law , not each
a separate law , all the sublimity oC human
reason consists In perfectly knowing by
whIch oC these orders of things they are 10
be iletormlned. There Is but one soul , and
knowing , teelfg and willing are but the
.
. parts
I Is In time nature of'human laws 10 bo
sUbject 10 all the accidents which may happen -
pen and 10 vary In proporton as time will of
man changes. Says lonlesquleu : "Tho laws
of religion never "ary. Ilman laws point
to souse good : those of religion for the besl.
Good may have smother object , because there
are many Jtnlls of good bat time best Is but
ono. I cannot , therefore , change. Laws
change because they are of no value or be- 1
cause they depend only on the capricious !
and fickle ] hnmor of the communlly The I
law of religion Is stable , fixed , I proceolls
from Its being believed ; that oC human law
front its being feared Laws are often beg
leved In because oC their distance from us.
Human laws recetvo advanlago from their
novelly :
In speaking ot the law the late DavId Dud-
ley Field la'I : "bovo all others , this sd
ence , so vast , so comprehensive and varied In
It details , needs to bo served with all the
alt which Instntons , llrofessors and 1.
brarles can fnrl h. . "
The lawyer Is one , Ihlckstono says , whose
occupation consists In Ilslngullhlng rIght
from wrong : In laboring 10 establish Iho one
-right-nlli to provenl , Punish amid redress
the othor-wrong. 'fhl theory employs all
the cardinal virtues of time heart : a provision
which Is universal , acconimOlallng 10 each
Indlvhlal , ) get conwrohendlng le whole cem-
mmmity.
The Ilolaln of the lawyer Is as well deg
fined as that of the Jnllo. Time pathway of
each has heell blitzed by a long line of Illustrious
lrlous examples The one must advise , as-
slat , convInce ; the other , allullcato , Time
adjudlcallon having taken place , the end has
been reached. The sale duly Is owing 10
the decision lS 10 line court. HOlember ,
that while the ermine Is supposed 10 cover
the person of time 11resh1lng olcer , yet I Is
not far down 10 the cuticle of Iho roan .
There plnclphs are corrupted , and hula (
virtue , a a puJle ! connnOlty , will no longer
subsist when the people whir whom you ,
shall be associated become ! Incapable ! of re-
memherlnG time very power they have dele
gated , dIsregarding authority , and want to
manage everything lirentseh'es , and frame
the debates for the law ' , immalmimig power and
execute and declll for the judge . You will
find lust ( from lawlessness comes the neces
ally for time mslntenanco of the law , and that
siy law II constantly unfolding and developIng -
lng , amid that whln its Ilrlnclllles are ques.
( toned I means that destrleton has obtained
a foothold \ , golrn aboard time train , Its hand
upon time throttle , anarchy and soclallm are
etrujslnl for the ascendancy . Wrong Is
.truggllng for the mastery over right Your
duly is l plain , Oppose force against Corce
the forte of right Ilrlncllle of law , Igalnlt
*
time wrong. I you and such fie you he true
to your high calling the 11\0 cannot bs
' doubtful. No true IlrlnCIIle of Iw , II its
hIgher sense , conies 10 a people like manna
from heaven , but , lke the lan , has been
' born tram the womb of lmo , through pall
I. . amid trouble. I II hula ( fact that nrakee lib.
arty If ilech , lwughl and action , time right
to worship Oed after limo dIctate of one'l
own conscience , II precious \0 \ mankind .
'thll thought Is hue ( expressed by one
wrier : "Not mere custom , but sacrifice ,
forges the strongest bond between a people 1
sad their princIples 01 legal rlIM ; email God I
.
, - -
WILCOX 8 DRAPER . .
( OTHERWISE ( I 0 d e ' AS THE HOUSE OF BARGAINS. ) ' ,
THIS SALE BEGINS , TUESDAY MORNING NOT r MONDAY r
BUT TUESDAY.
. Bufalo "k. 1 What we bought for a third . . ;
' . _ "
Shoe Store , \1 ; , ,
rnliles' Button Shoes . hl shnpes . r - \ " . we se 11 f or a the II 'd
! - ' _ .
galore , Buffalo shoe afore i 0" A. , . - _ . " ' # . . . 'I' - - _ luntrtll ! of these nlrnlo Inca
Irlces for thou were $2.r 00 - ! and eonm rasa oboes . nil sizes
and > ; 1 : never before . never ' ; r I . . , will br on our n tables ; they
$1 ne\er heforl. nCl'r' BUFF A LO N Y , , I wi hI 01 InhlO <
since will you Ree such values , ' c are 1IIIIn and duty arc tipped
and styles [ or . . . . . . . . . . } \\'Ilcox \ \ ' & DJ1aCI1 , a'-- and In 11 1111 Sizes tlC'il . 00
) hllllh'l'llIJhl Iln 10 the 1.00
One of Ihe 1 newest out for ' C ] C- ? s' r -.r - < s - C Sxra xr . . . float get a hlnlhet I'al. . . Ilolller . . . . . . can . .
ladles la I the white silk @i'i @ n 81110 S I JlleE1 1 / ( ,
stitched Shorf : thc Buffalo , ! n The next floral for mel will ho . '
People had Just I ecC'I'et BIII\O 1 t { , . . fJi \ , 111\,1i n $ LUO : the Blrlio fhO' store 1. tJ 0 /
l'eolle palms of hultmi and ( . Jol $3 and k7,60 and $ J ; we
a hundred \ Illrf of hulol Ilce , : ll00 D1al ch 12th t t , OtherWIse known as g' . . . . . . $ G . . 111 . . . . . . .
llfully stitched with tvlmltr '
Irul Uchel wih . whi I
silk . 10 sell lS their $1.0 \ Supposing you ( nice a loop , In'how1 .
hoe ; we turn then [ over for. . \ , , ' ' . 1'\\ llllgl'itt
Cost you anywhere $1.:0 , except Wltox & l " ' H f °
their Draper greatest ) they shoe sell effort. them for f .O at this ! ' ' \ 1 1 'T e 0 b se ® J angaJ JS , Ps ; . 1 ; 1 qtly Our ' 1est ' 1..tdov
, plull' ' tic' \
bon , t forsel to look ! n t wlmt r 4 l } 5ellln ( the Buffalo , 110C Store Shoes of Buffalo , I \ ' \i 1 f/t2S ( , lieulll allow the lending ! lrgnlns In mho
'
wo will offer for $1. , I 'ou ( i 1 + : " t Men's and Bo 's' Shoes-Ioo ] 'em over .
unity , never have hnl l a bar 00 . l Jm . \ New York , l r } ngltl , t p t
. ' , \ , an
gain before " 01 CU : har1 \ \ mar , i
one 'f esda , ) ' by person , snail , , \ Men's Shoes will be sold for
or onE lelrphone 'fle . . . IIefon . . . . . . lal . r ! t \ , l ( hul1) ) t ttgr\y II , Oh , t t , I U.90 ' that wil be described .
( The original of this Buffalo , life sizc , n'tny bo seen In our east You must see them 10 nppre- 00
\ 1 , , Iii , title how 'henll l 1llllre1 a U
Th're arc dozens anti dozens ] q'I } WIttdOW af erMonda y 1 m , Is , , , , sold Iu Umahn tom cored
tozen I Olahil
of ludlea' , well shoes and hUI 1t a 'r lm' ] r' wlh lurnlo , : Y. . . I . PI . . rct .
rlrelf of turn shoes Mutt the
w.e Om fhll people 1 \ lt got ) you $1 $ 111 JOI' . ,31 that far ; 2,80 i 1 j 1 1 Tl I } i'.tiresti - t\ to p n Q 11 'rk All our Ihelr Inn tons clo.ll In men's price , go $ h9S al . 1 . 08
111 hlh 1' Iriced In llulo . . ' , 1el's a 11 ho's' . regardless
In Ollho I , _ e. . . . . InIalo. . . . . l \ + , , i l4 ' ; r : r- , \ , n II w t F t or what they cosl. reglrdless . . . . .
\ t " , , Ayt Id1ra
- ' \ l cJ + I tp din tt pit , r" / '
Chidren's and l\sses' . ; 1. s l 1 , r , , , I t , I ' lm tld's ' u ( rr , , , $ ( tI ( ; , , A . , , , , l I 1 Boys Lace Shoes
, got them all and will sell them all. } 4t 4 1 \ s t ( rji sC People w , tv t 1 tl s , $ sl , , I There bats ] lint nro , hundreds time litlftn of lo bo's' sail
. for $2.G and $ nurlio ; sell
,
Turnub Shoes for I quarter } h . t l ailll m i them out nnt IlesL we'l for 1 00
Oat they ' put ie fOI" we 5 0 ' nn ' dollar
; 2 even bill
get but. . . . . . . . . . . [ . . . . . . . . . . ir ere In file Shoe ' 3 to e\l'n ! . . one . . . . ilolllr .1. . . bi . . . ' . sizes . . .
t business in Buffalo , N , h1 \ 'Ye will pat the ymmllms' li 10 s
1\\ 1111
yl \ Iheollhs' 1
at t\Ftn\ . In . . 00
. . ' : 2. the slme hut ] , 111..mlke 1
I IIh'l'H , S She cs for hit a , Y. , for the short space of seven i , a e . \ J the sizes Irma the smallest 10
dollar the got l a whole ! tut- . 00 t the bo ' smllest . . .
c10111' I wlle " Inrgcst boy for. . . . .
Ilr to r. . . . . . . . . . . . : . . . ( ) ill Sl ® 4'l months. The went to the wall , 1 , ) ,1 ,
( y
In passing our store and take Every pair was new shape. It - - They had a
lIi ges' Shoes for 74e ; the Dnf- 7 C o was the cleanest fatted steel ril
tale PICO hoes. \ai $1.5 ifc OUI . Dnf750 a look at that le.size Buffalo 1 ' { ( , ; Great Boys Trade
. that formerly . represented one ri' ever known in the history of the f , , t 1
'T ' E ' 'of f the leading 1 Sloe sores of f ( " shoe trade , Only seven months I IrV' , So have wenn II will he a bos' holl- 4
Tve'ls hol-
IVeISo. ,
.
G . )
was : vel .0. I l ) day when they find what we have for
; t t
hlve
" Btlffalo ' N YOn exhibition r In business. / r' 17 'f them III SL'lsh footwear . We started nftc
after ' d. .n win- ) Pri will talk louder 1 than 1 EjoMnrtJl / nil Ihe . bos' trade In Omalw : , and Iris do
"On m'n's luss wa' ! nathel'S gain. ! Ths : a er 'Ionday lour east Wln- p ou er t Ian settle II.
Lme It's the Ilople's I i I gain . \\0 offer values dow ' words this week. Id
in : Shoes If wary ' ] fscrplon ! ! Ihat should we ,
by : to htty then ) rrom matuufuetu ' ers at ve ma\ never have another opporlunlY
prlces - \ \ lu sell thun fur ma.lufuctul'cr There ore others In Ibis stet f , to buy I Inkrupt stock only seven months
IIIcese sel . of Shoes-Ihere nre mlsscs' It's a Feast of Leather } . Men that Need Shoes old . Insurln the style and shapes 10 be , f
Tile 'd ball yll. shoes made In Phlnllelhla ] ThaI Just explaIns It-the 11eu early lime very that ntcsl. ] ' So ' take mlvlnlago oC It
'OU ma have
t' . - you may no reason 10 re-
I-the 1 00 '
that Bald In Buffalo for $3 , reasol
; Bufalo or $ Anil men tint don't need shoes will be Bret It In after days .
Time mls9ls' sIzes are 1 % . 12. Ladles' Slices and Oxfords at there If timey realize whal's going on wl ! afer ) 1
12 ! . 13 , 13\2 \ , 1. 1h ! . . . . 1 . U o realze !
and 2' ; smaller sizes than o .1 I , $1,40 and $3,30 are 1L ii and One thing Is I a man ' s needle l
these fur'less and : cldldren's . ' sizes , VO 11 the Buffalo prle. 2 . 80 toe ' bnl bought for this sang Iei0
sell fur less sll. SVe shall 1 . son's trade 10 sell for $1 sea2 U
sell the finest Misses' Shoes will you come 10 this feast-.ou are In- 17uaalo , tL's sel
for . . . . Inesl . . . . :1sses' . . . . . . . . ' ) 'I < . needle toe : we'l sell new It shale . . I
WILCOX & DRAPE 11-1'17 thB B ffalo 8tOfB'S / I '
& , Douglas St. 8Blnn 810B 810B8 Yllesdall 1
does not make n gift of what It needs 10 1
nation , He wishes well : nor does He make
the labor necessary to Its acquisition easy ,
but dllhlcult.
This nation Is ruled by lawyers In all de-
p3rtmlnts-juillclal , legislative and exocu-
1\'t. Men educated In Iho law domlnale.
Three times has America been upon the
verge of utter ruin and desolation. The
throes or time civil war was nol the greatest
of therm We hen met the Issue of whether
this [ nation should be ! one and Indivisible by
sacrifice , which time Almighty has placed
upon all people as time price 10 b ! paId for
unity , prosperity and happiness. ThIs Issue
was never doubtCnl.
LA WYEIS IN THE BREACH.
The next oC these hates , although nol In
the sequence of events , was the celebrated ! and
eventful period of the election contest between
Hayes and Tllden. A complexity of questions
ot law then arose such as never before met
this people face to face , and as I ray I God
may never occur agaIn. I shall not stop to
detail then Time student ot the History oC
his country can readiy recall time stirring
e\'enls. The patience of the people was well
nigh exhausted The prlncllits ot constitutional -
tonal goverment were strained , extra pro-
cedure resorted 10. such as was never In time
minds of the framers of our constitution . Excitement -
ciement was high , but out oC the brains and
hearts oC the lawyers ot congress was created
an extra judicial trIbunal which solved the
problem ] , which could have been solved In no
other way , except by civi conflict . While
II was thus solved , the solution was consld-
eed , unsatisfactory to one . half or more of the
people of the United States , yet It was acquiesced -
quiesced In , Yet the third 10 mo the most
Important of the dangers through whlcb this
country bas passed , Is a period intervening
between the two already mentioned. The
fall of 18tH found the country In a turmoil
of conlenton of whelher the war then going
on was I failure or hot Time Irmy In the
field , on the side of time north , had met with
repeated failures. Time adherent of the southern -
er cause dId not all reside , or were bearing
aruts south of Mason and DIxon's line. They
wen In the north , In every hamlet and so-
elely , where dwelt time people who were male-
lag the sacrifice of blood ] and treasure 10
preserve limo nation , The second election of
Mr. Lincoln cano on and was so decisively
decided against time malcontents , In nccord-
Ince with the usages and forms of the law ,
that time outbreak at home In the north was
strangled almost before ! It had Ina birth This
period to me was time most dangerously InImical -
Imical of limo three lending , dangerous events
to which I have reCerre . Yet when time
news was lashed around time world lhnt I\n- \
coin was reelected. all quiet on election day ,
Ihoso who looked for the 11smemJermenl ! of
these stales In consequence of this election
were lumfolnlled , all time Bloat sllltical of
believers In time unity at this nation were led
to forever after hold their peace What was
II that saved this nation at time culmination of
these trying evnts1 I was obedience to 'law
The sacrifice of Individual judgment The
\0110 of the people had been heard , nol only
In time cash of arms , In the electoral cont-
ntlsslon , but b ) time freeman's counted ballot ,
and time cry oC Ilscontenl and threatened up-
rising was stilled , Law was lrlnmphant , Its
mlnller clothed about with robes
of rigideousness For once might and
right hall commingled and asserted
lima supremacy of the law To
you will be delegated , when you shall have
passed these portals , time duty of the main-
tenance of that law
I have spoken of the difficulty of acquiring
what God lea Mended for man. ' you
and 10 your class , more limn to any other
cass ot wren , belongs time duly of mastering
the illlcul ) You must formulate , expound
and enforce When a man' legal rlghls
Crave been In'allell time question antes to 11m ,
shall I light or give In 1
This Is a maier for hhnself primariy 10
decide , I ho courts time costs , and therefore
recedes , a prlnclllo has beet violated because
of the dollars there are In I. A man drops $
Into a well : he does not like to pay a com-
10n laborer two 10 regain time one. Such a
man como to you ; what will you advlse1
Will you go Into addition and subtraction . or
will you go out upon a higher pIano of right
anl advise time avenging of time wrong tong
mlled 1
Do you owe 10thing to socIety , or will you
Id might trample upon right 1 These ques-
tons will bo of easy sollltion as the Individual
Instances are placed before you . But I have
no hesiaton In saying thaI the lawyer who
leIs a principle ot law bo strangled , while
the courts hold the balance a'.d the execu-
ton In equal poise , because of time sumallness
of time amounl Involved , and the consequent
small fee Is nol worthy to otter the domain
and don the vestments of the high prIesthood
of which I have spoken 1 I. equally II-
cumbent upon the citizen , a such , 10 assert
or defend a legal right , not only upon his
own account , but In the Inteelt of society
a well . I was this vlrlt which led the
Commons to extort frl 1(11' Jon at nun-
neymeed time signing of the Magna Carte ; It
was this which led 10 the blessings oC the
reCormaton and the eslablshment of the
principles of universal , lJerly ! lS time right , ,
-
of mankInd , -In the signing of time Declaration
oC Independence ; that Is , the sinking ] of self
that the right might prevail. Tats may be
an Ideal conception of time law , but ! as has
been so aptly .aid by another : "Tho law
which , on time one hand , seems 10 relegate
man exclusively 10 the low region of egotism
and Interest , lifts hIm , on time other hand , 10
an Ideal height In whll"l he forgets all policy .
all calculations , In order to sacrifice himself
purely and simply In the defense ot an Idea "
J you exercise this spirit law will become
the poetry or character , instead or the prose '
oC selfishness . I'
MIGHT BECOME A VULTURE.
Injustice never usurps the place of the law
unless the law allows it. Yon are the minIsters -
tors of the law , and upon your shoulders rests
time burden ot the law's vindication . In what
magnificent proportion , 10 what majestic
helghls does time lawyer grow and ascend
standing before a court , and In his full manhood
hood say : "I demand the law. " 10 ! Is
clothed about with the Justness ot his cause.
le treads the path of life with consciousness
that ho appeals to a court clothed with the
power and the ability 10 a"1wer his domand.
Out suppose he goes to the court with trickery -
cry , unfairness , undisposed to develop the
trllh , and thus demands , not the law , but
time reverse , and time court , wllh no ability or
iisposllon , perhaps 10 Investigate , grants
his prayer , to what deplhs of Infamy does he
nol descend 1 He becomes a vulture . a blot ,
a scar upon time office ot high priesthood with
which ho has been clothed , and sinks the
man as well as the lawyer 10 realms of In-
tamy for which language has no descriptive
forco.
You will , when admitted , not only bo time
agent of your clients , but you will be In 0111-
ear of time court , It will bo your duly 10
have the cases decided rlghly , all with
this In view , present every argument which
may leglmalely bear upon tie questions ,
You are not responsible for time errors of limo
court unless they are Induced by you , eiher
by acts of omission or commission. You
may often fat 10 obtain time correct ruling
by falling In Investigaton yourself. Yet will
bo the court's Ih'lsers , and no court hut will
welcome proper argumenl and applicable
authorities. I yon Cat In this you commi I
as grievous n wrong as In time presentation
ot Improper conshleratons or cases overruled.
You will have no right 10 refuse your proCessional -
Cessional assistance because In your jUdg-
ment the case presented to you for advice Is
unjust ; If so , you usurp the functions of the
JUdge and jury
Whllo you have the right 10 reCuso to be
engaged you have nc right 10 beconmu ! engaged -
gaged In ch'l cases which your client con.
leases to you are founded In fraud or public
wrommg This dlscrlmlnalon must be justly
a 111 wisely ] exerclset ; but having once seen
your way 10 accept a retainer remember you
are there until you are dlsehargell by your
client court. 01' wlth < raw with the approval of time
rn eases of rimes a different rule apples ,
Every accused has I right to a fair trIal ,
and , even It guilty 10 your Iwowlege , he
ought not 10 bo punished unless upon legal
evidence properly presmled You should
exert your learning and nhllly In his behalf
at all ( lines , however careful not to put per-
sonaly Into the scale In the Ilrlsoner's beg
half-Ihal Is . you should not assert your be
ltf 10 the jury of hIs Innocence when you
know to the contrary Lord rsklne , In volume -
mime G , 1.lves of the Chancellors , " says :
"I.'rom the momenl time young advocate can
be permitted to ray that he wi or wi not
stand between the crown and the ( subject
arraigned In time court where he dally K\8
to practice , from that moment time liberties
ot I England are at an end I the advocate
refuses to defend from whal he may think
ot the charge or or the defense he assumes
the character of the judge ( ; na ) ' , he assumes
I before the hour of juil/ment ; In proportion
to his tank and reputation puts Ibj heavy
cause oC perhaps I mistaken ophtdon Into time
scale agnhut an accused , In whose favor the
benevolent principle of 1nglsh law makel
all presumptons , and whIch commands the
very judge 10 be his counsel ; '
lavlng once accepted a retainer , counseled
or advised wih a client , obtulnod from him hIs
story , mouths are closed Ills
your moulhl Ils secrets
become yours . You violate a sacred trust I
you privately disclose what you have thus
learned , and you cannot be compelled by the
courts to disclose those secrets unless with
your client's consenl. This II the general
rule. There are Rome notable exceptions ,
I , e. , fraud , wrongdoing , commision ot
crme and the like. T engage In such af-
fair II not the business ot counsellors .
When you enter Into such lrnsactols you
leave time oOlce at an oOcer of the court and
l\taln to tbe ( tanlcloD # simply ( [ mat of the ,
n , _ .
ciizen , and publc policy will not allow
particeps crImInis 10 shield hIs ) fellow In
crime There Is ono .olher exception which I
will nollco. .
NOT A WELLTUNED CYMBAL.
Lord Bacon said. ' In his celebrated address
on judicature : "Patience and gravity ot hear-
Ing Is an essential part oC justice , and an
overspealdng jUdge Is not well-tuned
wel-tlned cym-
bal. There Is duo from the judge 10 lie
advocate some commendation and gracing
when causes are well handled and fairly
pleaded especIally toward the side which ob-
lalneth not , for that upholds In the client the
reputation ot his counsel and beats down II
him time conceit ot his caus There Is like-
wff due to the publlo' ' n special reprehension
ot advocates where there appeareth cunning
counsel , gross neglect , sllghl Information , Indiscreet -
discreet praising , or an overbold defense ;
and leI not counsel at time bar chop wIth the
judge or wind himself into the handling of
handln !
the cause anew aCer the jude hath declared
hIs sentence , but , on the other side , let not
the jude meet the cause half way nor give
occasion 10 the party to sayy his counselor
say
proofs were not heard "
Judge Haney of Ohio had a peculiar apt-
ness of expressing satisfaction relative to a
proposition ot law ! laid down by time courts
or principle discussed by counsel , teat was
"I will stick a peg there " In what I am
about to say I want you to "stick a peg there "
Juries are often berated and many advocate
their entire abolition . Personally I used 10
be oC that opinion but since beIng upon the
bench and havIng an opportunely to observe
and note the contrariety of opinion upon the
weight of evidence between the court and the
jury I have changed John F. Dillon , In his
late book "I.aw and Jurisprudence , " gives
It as his judgment that a jury of twelve
common men will arrive nearer 10 the exact
fact to bo decided than twelve judges. I en-
Irely agree wih him. The subject of jury
trials Is nn interesting ate
Mr. Sargeant Stephen . In that splen-
did old edition of Blackslone's commentaries .
mentaries , says : 'fhat when lie
Anglo - Saxon memorlals are carefully
scrutinized wo find them 10 bo such as
even to justify doubt whether trial by jury
( ( n any sense approaching to our ute oC thaI
term ) did actually exist among us at any
thno before ! the Norman conquest. " In ibis
slatement time eminent genteman Is tar
short oC truth Tine trial by jury was unknown -
known to our Anglo-Saxon ancestors No
trace whatever can be found oC such nn In-
stullon In Angio . Saxon llnmes . In time
Chronotype , Apri ) . 1873 , we foal this : "In
Woodwarll' History ot Wale iron the
Earliest Times accounts are gIven of several
sovereign Welsh princes and kings of lie
name of Morgan warlll , and who constl-
luted themselves formldabo ] barriers agnlnsl
Angro.Saxon Ilomlnatln and encroachmenl ,
some oC them living as Car back as A. D. .100 ,
One ot these ancient kings , Morgan of
Oalorgan , about A. D. R24 , Is credited , with
the Inventon and adoption of the trial by
jury , which Ie : ca\tdclhe 'Apostolic I.w ; ;
for , said he , 'As Chrl\ ' and Ills twelve apes
ties are finally to judgb time world , so human
tribunals should be composed of a kIng and
twelve who men ' And this was a century
and a hnlf prior to the reign of Alfred the
Great , 10 whom Is h'1rrally ' accredited the
honor of orlglnallng' this form of trial I
this method of trlalp 'had existed In the
Anglo.Saxon tmes II .Is utterly Inconceiv-
able ' thaI distnct mention of It should not
have occurred trequenty In time body oC
, \nglo-Saxon lave ; ' said Mr . Forsyth
Time distinction between time province of
time judge and that otltime jury Is clearly de-
fined nli observed ' , with jealous accuracy
The Jury must In all cases determine the
value of the facts ol.evhlenco which is l sub-
mltod to Ihem T1mtiy must decide what
degree of credit Is to be given 10 the wll-
flosses , and hold the balance between can-
/ fclng IlrobabllleL 'ho law throw upon
them the whole responsibility ot ascortnln-
In/ facts ! In dispute , and the judge doe not
atempt 10 Interfere 'wih ' the exercise of
their unfeterpd dIscreton In lids respect.
lul , on Iho. other hand ! , the judge has hil
peculiar dUly In the conduct , of the trial lie
must determine whether time kind oC e\'ldence
offered Is such as ought or ought nol 10 bo
submitted to the Jury , and whut liabilities II
hnposes When any queston of law arIses
he alone delermlnes that , . and their consld-
erallon Is absolutely withdrawn from the
jury , who roust ! In such case follow the direc-
ton of the judge , I theyy perversely refuse
10 to do , theIr verdict In civi cases can be
set aside .
There Is one thing , however hunt more
than all else needs correcting In modern
jury trials I Is this : The trial jUdge II
now a mere machine , allowed only 10 give
the abstract principles of law as appllcablo
10 time given stale of facts prelented. I he
were to collate the evidence as to any factor
or slate of facts , and apply the law of the
case 10 then , the appellate court would
wrap him over the knuckles and lend the
case back for a new trIal "s the state of
the statute law now Is , this Is nil he can
do. But that law ought to bo remedied so
as , 10 allow time trial judge to state the con-
.It lling facts as they appear 10 hIs trained
judIcial mind , and then apply the law. The
verdicts would bo more satisfactory and the
work or appellate courts would bo lessened.
Perhaps , young gentlemen , when you shall
como upon time scene of acton , the minds
ot our law makers will be less obstructed by !
political contenlons and have time to be-
stow some thought upon tills and cognate
subjecls.
TIE THREE GREAT MINISTERS.
In nearly all the questions which are
affected by legislation It Is not
afected legislaton only neces-
sary In order 10 arrive at a proper under-
standing of the purpose of the legislator 10
cxamtpo time foundation of time rules sought
!
10 be established by time act In question . the
mischief sought 10 bo remedied , the legis-
latvo act of other stales upon the same
subject ! and the course ot decision thereon ,
but first and paramount your duty Is 10 go
10 your own constitution and examine line
Ino
by line and section by section. Time more
study , even of familiar provisions , the greater
and nearer high you will receIve upon time
luostions affecting the constitutional requlre-
mont to the proper passage ot legislative
enactmenls.
Prior to tl adoption of the present fed-
eral constitution time power of the stales was
supreme and unlhnlted . Prior 10 the revolu-
ton Parliament had transcellant powers and
these powers devolved on this peple. Prior
10 the revolution the people of this country
delegated a portion of theIr power to time
United Slates , specifying precIsely whal they
gave and wlhhol lng the resl. The powers
not given to the government were bestowed
on the state with certain lmiatons and ex-
ceptons expressly set down In the slate con-
stitution. The federal constluton confers
powers more particularly enumerated , while
that of the stale contains a general grant ot
all powers not excepted. The constructon ot
the federal contuton Is strict against those
who claim under it. The Interpretation of
the slate consllution Is strict agaInst those
who stand upon time exceptions and liberal
In favor of the government itself. Time gen-
eral government can do nothing but what Is I
authorIze expressly or by clear lmpllcatlon . '
Time slate government may do whatever Is 'I
not prohibited Thus will bo seen time clear i I
view and distinction 10 be taker between time
state and federal constitutions.
Upon this line of thought mo direct your
attemmtion 10 a careful perusal oC time tour opinIons -
Ions In People against Hurbul ] , 24 Mlch" 4.
You will find there a scrutiny oC time structure -
uro of cur government and an examination
of the prInciples which under ! our tree hr
ablutions , which It would be illmcul to and
so wel expressed elsewhere
This subject ! Is so vast and time Is so
short that I must ] eave I 10 another time ;
and outer hands to fully develop You will
expect to go cut from these doors clothed
with power of ministers of time law Hemember
you are not only lawyers , but men. God ,
when about 10 make man , called around Him ,
Ills three mlnlsler , Truth , Justice mid '
Mercy , and queried : "Shall I make man ? "
Justice answered : "Mal him not : he will
violate Thy laws " Truth answered : "He
will violate Thy sanctuary , " but Mercy answered -
swered : "Mako him , a God I wi stand
between him and the temptations whIch sur-
round hln , " and 8 God made man , the
child ot Mercy , anal said : " 0 man , go , and
deal with thy brothers "
Wi Uo Mu'h under St lien ito Gets Out '
SAN FRANCISCO , March 9.-ln the superior -
lerlor court today John Wilson , mum IS-year-
old crtmlnal , wa lenlencel to forty ) 'elrl
In the penitentiary on two charges oC high-
way robbery . Joins Smih , Wilson's accom-
puce , pleaded gulll and was sentenced 10
twenty years GOlg out of court , Smih
cursed the judge and locke down the policeman
leemul who arrested lmim They are mem-
hers of a ganG of tour youthful hl hwa-
men who came ! here from Ch cage und Kansas -
las Ciy..1 .
\.1 Known M Ill l.r Urownod ,
JACKSONVILLE , Flu , March 9.-A special -
cial from 'j'uvares , Fin SU.s that ltev .
Joseph U. Cottrell oC Hussellvlc , Icy , was
standing on I half sunken bare on time
shore of Iall Dora , when he was drowned ,
nr. Cottrell was I Ilrominent Methodist
minlsler of the Kentucky conference and
seas well known throughout the southern
states . .
n"hlf..1 the deatenre for Inz hug . '
CIIAMPAiGN , . III. , March 9.-The faculty
oC the L'nlverslty cf Illinois today adopted
resolution reducIng the sentence of
a resoluton suspension -
pension pronounced agalnsl nine students
for hazing to the present term.
.
- --p -
\h..lo Uror"u A.aICI.
CINCINNATI , March D.-The wholesale
grocery firm of Arand , Scheurmler &
and 1Iabillll s each aver 530.1100.rubh Allets
.
- - - -
- -
BY THE ISSUE OF t BONDS
Reorganization Will Not Involve Assess-
ment on Stock ,
V HiSKY TRUST REORGANIZATION PLAN \
Each Sloelwolter 10 Subscribe II l'rollor-
tOI 10 ills ] ohll ! ot Sloel-l'res-
dcul and Dlreelors Are
Still lu Control
NEW YORK , March 9.-Following Is the
official plan of reorganizaton oC time Distilling
& committee CalleCeedln ! cOIan"s reoranlzaton
commileo :
To the Stockholders of the Distilling &
!
Caltefeedlng company :
Time reorglnlzalon commilee , formed
February 7 , 1895 . upon time request of time
holders ot more than I majority or time
capital stock ot the above named company ,
has prepared and deposited with the Man-
halan 'lrusl company a proposed plan or
reorganlzallon follows : , providing In substance ! as
1. Time organization or continuance of
such corlorton al lay be necessary 10
acquire or hold the assets and properly ot
the company
2. 'rime ) Issue of the followIng securities :
$ I.moo first mortgage G per cant 20-'ear
gold bonds ( out oC a tout Issue oC $1,000,00) ) ;
$7,0.0 6 per cent non - ctnuulatlve pre- i
ler
erred duck ] : $2S 0,0 common stock ] .
3. Each IIOcldlller In the present company -
Is any becoming It party 10 the reorganization
Is required 10 subscribe for said bonds al
Pam' to the amount of $4 pre' share upon the
value oC time ) ) lie-
par vllue present holdings tumid -
posit his stock ] on or before March 24 , 1835
with the Mlnhltan Trust company , ant !
pay $1 per share to the trust company u'ban '
such dellOll , and the remainder as called
fur , " and shall receive said bonds RO Rllb.
scribed for and 2 per cent on time Ilal' oC
) resell holdings oC stock In time new pre-
ferred stock and S per cent In common
stock , The proceeds or the bond sue ] will
be 1)lell 10 retire the outstanding $ IO.Q-
0 o bonds , and the .ebale voucher/ and
other claims as provided In the plan $500-
0 of the new bonds will he reserved 10 be
Issued only In case of In emergency upon
the Inlnlmous vote oC the cOlmllee , or
aubsequemtiy new board by I two-thirds vole or the
4. Negotiable ] receipts will he issues by
the Mllnhllln 'j'I'ust company on delJOl1
of stock and Illlllcalon Il list the lame
will he mldo 10 he Stock exchange .
'j'ho /uhscrlton 10 the above ] Issue oC
lynllca new bonds Ie , his been underwritten by I
The reports ot the experts employed ] hy
the receives show In IvlllJle ! surplus of
current assets over current liabilities oC
more than $1,0,00. ' 1he effect oC the
present plan will bo 10 rnalto that surplus
entirely available as working capital fOl' the
reorglnlzed company , and 10 provide a ul-
dent reserve against future contngencies ,
Although the court , upon the application
oC the committee , has removed Mr. Green-
but al receiver , and placed time al8ell and
property oC the ! company In safe hands , the
Irclidenl and directors still remain In con-
trolot time organlznlon ,
Under existing clreumstlnces I jUdlcll1
sale of the property of the compammIaid 1
dll80lullon oC the present corlorlllon may
take 1.llce II un early ] ditto. I Is hnpeea-
( lve tint slochtholders Shouhl unite
Ivo tlll bloclholderIhoul al once
to protect Ihclr general interests ant em-
power their representatives to lake Imme l-
Jowor acton to ( lint aid .
In view oC time necessity for Immedllle
action , the committee has fixed March 2j ,
1895 lS the limit for time acceptance or deposes .
poses under time plan
Copies oC time plan of reoranlzalon and
Corm oC assent can 110 had on 11I1calon
on the Jlnhllan Trust company , corer
Wal and Nasslu streets New Yorl
mCIAnD 11 , IAH'j:10IN JOlN I ,
1VA'1'EIIBURY , I , ' . M , l.aCKWOOD ,
WAII' HIUnY 11
JllI : S S. 1\CI , WIIIAM g. HUT-
TON , Committee. .
JIUUII"llrOr ' 1'1111 quarrel .
BEVERI.Y , " ' . 1'a , March D.-At
"Slevin's Cabin ! , " near time I'oca-
hontns county line , Ham Collins , a
well lown character hal been shot
and instantly killed I ) Charley
Slevln Slevin heard Collins quarreling wlh
some one und thought 1 was hIs brother (
Sal Sle\'ln , Charley look his gun anal
hurried across the hollow to the scene ot
the trouble . where he found Collins lightIng -
Ing with I..ank lbtxst'elh He mixed In the
light and shot Collins through the heart ,
rutting another bullet throu/h his Ilruin os
\ he was falling. Slevin has / not been arrested -
tallnl.
rested and he Is fortlrd with u party oC
friends In the mountains , where they defy
the ottlcers. A grudge existed between detr
Ins and him. .
I.IIuur U"luIKUnn. II ludlollo.
INDIANAIOIlS , March D.--The senate today .
day passed the Nicholson temperance bill ,
which has already passed time hou6e. . No
bill In the legislature for many years has
attracted ED much attention. When the bill
. _ .t. , . . ' . . . . - .
-
/ ,
/ - . i
b , " \ i
1.
/ r
L
10 p
s ti
tie
VOID
ACCIDENTS
by of thl using sort . . DAJlSAY'S
. -CISINC INISTAND. } "
a"
TI ONLY Alit WOItLD - TIG)1'r ) STAND IN THI
Talented In time United IHales , Canaan & Europe .
P1tEVENTS SII.I.ING AND EVA1'OIiATION . '
ANI VAIOnA''lN
.
} \lmIS INK 1.'HESl AND CLEAN
Fol Sale EVCI'ywhcl'c . . ,
15
Pilled wih Ullsay's Ink C
Sample by mal ( empty ) same price .
HAMSAY & ImISEH , Manufacturers
75-7 York at . , Brooklyn ] , N. Y.-Agents R'anled
DOCTOR
. SEARLES r
1 & SEARLES ,
t .
;
, Chronic ,
: Nervous
( cot , ,
1 r s
" t
Private
s l Prvate ,
. ' PrvateDscaS.
t " < , lllscascs.
Tltl"AT.tIE1'11vlIAIL . CennrllutlonVrea
'l'HIT.I N'l IIAU. Cln.uluUou 'reo e
We cure Catarrh all diseases of the
Nosu Throat , Chest , Stomach , Liver , ,
Blood , Skin and Kidney Diseases , Fe-
male Weaknesses , Lost Manhood and ,
ALL PR1VATE DISEASES OF MEN. !
WI : AI\ LIEN AILS VICTIMS TO rmlVOU8
Debility or kxhauan'm . , aallmie' \Veklel. Involuntary
voluntary L. . . with Early Decay II yova
I
and middle aged ; lack or vim vigor nnd".akeo
prematurely : II aprrochlnl old age , All yell
readily In fur new treatment for tae or vital
power Ck or. ne" O a44re. nll stamp to clr
culan . free book I.n" rscelpla . ww
Dr Searles and Scalas.1 14J mmima ; : N i
, j
1 EW FACES Am L ' AtuOU'l'cunnume u '
) ' F'eatnrod aeraoy .
, ni Imlomlaheala 1/ p. book JOt n data ' . 5S r
,101m I.Vuodllry , 127 W. ' 2d HI"N. t
Ilvoutr of lYoodburr'a Facial tiow. :
came up this morning the senate chamber
WIS packed wlh persons Crom every part
oC the state , many oC whom have been here
working fur the hl'l l'aSSlle. 'j'he bill pro.
vllcs stringent regulations Cor enforcing time
/
presort liquor ] awl ; llrhlhls the use ot
screens and curtains mind provides that an
11111cllon for license 10 sell liquor lay 10
defeated hy n IJetUon ot a majority of the
voters In any ward or township ,
p - .
1010 tn ' "rm. with Uw tttlr ' ( nut.
PHH.ADELPIHA , March D.-I was sInter
today on good authority thaI the Indepcnd.
ant sugar refineries huve combined with the
Sugar trust 10 mulntuln prlccs. tepresen-
tatvel oC the Independent refineries have
been In New York City for Iwo days past
and have , It Is sold entered Into al agreement -
mcnl 10 stand together and prevent any cut 1
In the price of sugar Time fuel the Hugar
market has been In / better condition durlnpf
the past Iwo days Sl'eml 10 Lear urln/ ,
Ialement lint there will he no further
cloak between the lust and the Independent
operators . .
- - -
Ilu.lrnu II.lullon or Oal.
PROVIDENCE , I. I. , March 9.- ' terr ! b
ble explosion of gal occurred on College
street , just below Brown university , thll
nflenmoor . resulting In the fatal Injury o.
Thomas N. Nelson , an ell.lo'o ot the street
railway , and serloully crippling the counter
weIght system used In connection with time
electrIc car , which run over the wlh ' 1h ,
electric hiI occurred In the tunnel under tUt -
. . .
- - ; .
. . -
