TMOF. FOUU
THE OBSERVER
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fcOME POINTS OF LEGAL.ETHICS.
To the Editor of the Obs(ver:
Recently there bag been consider
able discussion of some points of pro
fessional ethics relating to the profes
sion of the )aw, This diacuBBlon has
been carried on mainly by laymen,
who made no pretens9of special
knowledge In regard to the points un
der discussion. The defense of per
sons charged 'with violation of the law
-jirnhlhltln th U ot intoxicating li
quors by lawyers' who 'ire opposed to
the sale of Intoxicants,' has given oc
casion for much criticism hereabouts.
Permit me, as -one who, more than
-forty years ago, "forsook the rude lm
plements of the farm fo the nice tech
nicalities of the law," to offer a, few
suggestions In regard to these mat
ters. These criticism all grew out
of defenses In criminal cases. Permit
me to premise that every man charged
with the commission of a crime, is
presumed to be Innocent, and every
man so charged Is entitled, by the laws
of dur country, to a fair' and impartial
, trial by an honest Jury before an Im
partial court, and to be dcfomloil lv
counsel. No one of Intelligence and
fairness will deny this. - 1
If a defendant is unable to procure
counsel for himself, It is the bounden
rt
If
U
GEOECE PALMES, Pres.
F. J. HOLMES, Ylee-Pres.
F. L. METERS Cshlcrf
LA GRANDE NATION AL BAMS
OF LA GRANDE, OREGON
United States Depository
Capital, Surplus and Undivided Profits $200,000.00
CTORSDlkE
GEOESS PALMES W. L. BBEKHOLTS C C rENlNGTON
T. J. CHURCH F. 1. METERS tt. I. CLEAVER.
F. J. HOLMES TV. M. FIERCE F. M. BYRKIT
Willi or nft mosrees and facilities we can render you efficient
service and handle jw basines to jonr entire satisfaction.
SALLOWA 1
:
45C0 feef up in ihe snow capped 'mountains. Cool,
2 heathful. Dancing boatingp 'fishing and hunting, x
O 76Ter.ts furnished with good beds, etc., for parties j
$ desiring to spend their vacation at the park. Special
Excursion nits on O. R. 0 N. Points direct to Park
' $
ww ii vis . j A
Wallowa juute
'hseph,
duty of the coart to appoint him an
attorney to defend him, and an attor
ney so appointed, is compelled to de
fend the defendant whether he wants
to or not, and whether he believes him
guilty or lDnocent. This will hardly
be controverted.
The laws of our state and of all oth
er states of the union, provide that a
Jury must find a defendant not guilty,
unless they are satisfied, from the evi
dence, of bis guilt, beyond a reason
able doubt In other words, a de
fendant Is legally entitled to a fair
and Impartial trial and to a verdict rf
acquittal, unless the evidence given on
the trial Is sufficient to satisfy the
jury beyond a reasonable doubt that
he Is -guilty! A Jury may believe a
defendant guilty, but think that the
testimony given on the trial Is insuffi
cient to satisfy the Jury of the fact
of his guilt, and under such condi
tions, the law demands at the hands
of the jury a verdict of acquittal. This
principle applies to all criminal cases
and is a safeguard to personal liberty.
Persons who demand the enforcement
of the laws should hear in mind that
the law requires an acquittal when
guilt Is not established to the satis
faction of the jury, and that It Is Just
as Important that this law should be
enforced and obeyed as that any oth
er law should be enforced. A man
wliose guilt is not clearly established
by legal evidence on the trial Is legal
ly entitled to an acquittal, although
he . may, , In , act, be . guilty. , , ,'; ( .
; Section 1057 of the Laws of Oregon
sets forth the duties of attorneys and
every attorney admitted to the bar In
Oregon takes an oath faithfully and
honestly to demean himself In office,
and to support the constitution and
laws of this state, and this oath re
quires' him to obey Section 1057. supra.
This 'section requires every lawyer,
Inter alia, "to counsel or maintain such
actions, suits, or proceedings or de
fenses only as may appear to him le
gal and just, except the defense of a
person charged with a public offense;
to employ, for the purpose of main
taining the causes confided to him,
such means only as are consistent
with truth, and never to seek to mis
lead the court or Jury by any artifice
or false statement of law or fact," etc.
These extracts set forth the duty of
Yf. L. BRENHOLTS, Ass't fash.
EARL ZUN'DEL, 2d A1 fash.
4
AP PARK
At the head of Walbwa
Lake, Joseph, Ore. , J
The Beauty Spot
forTouristsand-
Campers
amusement to. :
Oregon $
lawyers, so far as I wish to discuss
them in this paper. It will be seer;
that a lawyer has no right to engage
in any action, suit or proceeding and
urge any cause or defense unless it
appears to him to be legal and just,
except In the defense of a person
charged with a crime, lie has tbe right,
to defend a person charged with a
crime whether he deems him guilty or
not. This Is the plain meaning of the
statute above quoted but in defending
such a person he is required to use on
ly such means'as are consistent with
truth, and he is forbidden to use any
artifice or to make any false state
ment of law or fact or attempt to mis
lead the Jury or the court . v
A lawyer has no right to miss-state
tbe facts or the law, and he has no
right to assert in argument to , the
court or the Jury that he believes any
thing that he does not believe. Law
yers have no license to 'lie. "in fact,
they are always under oath and re
quired to state the truth, and not de
ceive. If a lawyer coaches a witness and
knowingly influences him either to
swear to a falsehood or to conceal a
material fact, he commits the crime
of subornation of perjury, which Is a
felony. A lawyer that knowingly has
a witness to swear falsely to a mater
ial matter. Is a criminal, and' a dis
grace to his profession, and 6hould be
disbarred. ;
But a lawyer' may believe, or even
know that a defendant In a criminal
properly defend him. In doing so,
however, be has no right to assert that
he believes him Innocent, because to
do bo. would be to try to mislead the
Jury as to a matter of fact, which Is
forbidden by the statute. True law
yers are not liars. They are men of
truth.
When a lawyer believes, Or knows
his client to be guilty, he has the rlgit
to defend him to the extent of seeing
that he haB a lawful trial, and, if the
evidence given on the trial Is legally
Insufficient to satisfy a fair and im
partial Jury of his client's guilt, he has
the right to argue 'to that effect with
all his ability and force, but, In doing
so, he must; do nothing Inconslstant
with truth. -'
Lawyers have the right to refuse
to defend persons charged with crime
In all cases, excepting when appointed
by the court, but they may properly
defend any man to the extent of see
ing that he Is legally tried, and If they
fieenj ft? evidence Insufficient to Jus
tify a conviction, they may argue foj
an acquittal 6n the ground of insuffi
ciency of the evidence, although they
may deem the defendant guilty. To
Justify a conviction an accused person
must be proven guilty .beyond a reas
onable doubt ...
It Is the right of every witness to be
protected by the court from Irrelevant,
Insulting and Improper questions, and
from harsh or Insulting demeanor,
during the examination or in argu
ment Lawyers who unjustly criticise
or denounce witnesses, abuse their
privileges and should be required by
the court to desist. It is the duty of
the court to see that lawyers treat wit
nesses properly. Sometimes, however,
severe criticism of a witness is not on
ly within the privilege, but within the
duly of counsel. - - V - ' '
The bar Is- not the communion of
saints, but a man cannot be admitted
until he has proved to the Supreme
Court that he Is possessed of a good
moral character, and when he ceases
to possess such a character, he may be
disbarred.
The lawyer's life is not an easy one.
Daniel Webster once said that a law
yer works hard, lives well, nnd dies
poor. But If a lawyer Is true to his
profession, he may properly contem
plate the closing years of his life as
Sir William Blaokston did. his:
"Thus, though my noon of life Is past,
Yet let my setting sun at last
Find out the still, the rural cell
Where sage Retirement loves to dwell!
There let me taste the home-felt bliss
Of innocence and Inward peace;,
Untainted by the guilty bilb.
I'ncursed amid the harpy tribe;
No orphan's cry to wound my ear,
My honor and my conscience clear;
Thus may I calmly nveet ray end.
Thus' to the grave in peace descend."
WILLIAM M. RAMSEY."
"I'jiltoi HAS THE LEAST.
Of I.artre amlter at State Asjlaut, f.
k ka Least f any Conat j.
Of ' 1600 inmates of the state asylum
at Salem. Tnlon county has the least
representation. This Is the statement
of an asylum official, who has recent
ly been in the city. He reported that
sixty-seven were sent to the asylum
during the month of July. He referred
to Tnlon county's shortage" In Shew
No matter how fashionable or expensive your drees may
be it-will not be a tractive unless your figure is shaped
properly. Of course you know the shape lines of your
figure depend wholly on your corset. If you wear a
model that is correct in style and size you have the right
style foundation.
HENDERSON
fashion Form -Corsets
- Every known Corset improvement is embodied in
these Corsets and you will be delighted with the style
and service. ; ; ; :'r:..v
NEW LINE OF STYLES and SIZES ARRIVED
Si . . '' ' i
Political Announcements
I This column is open to any candidate regardless of Faction
X m " mm mm m .a
or r any sad is
S. F. WILSON, Athena, Oregon, candi
date for Joint senator for Umatil
la, Union and Morrow counties sub
ject to decision of republican pri
maries. "I firmly believe In the-direct
primary law, economy In the
use of public funds, rood roads,
better schools, strict and prompt
enforcement of law, the square deal
and eternal progress ot man and his
institutions."
C. A. BARRETT, Athena. Oregon.!
hereby announce myself as a' candi
date for the nomination for -Joint
senator for the district embracing
Union, Umatilla and Morrow coun
ties, subject to . the choice of re
publican voters at the primary
a way that would Indicate the margin
between Union and other low coun
ties is wide.
To Test Ed Power.
Indianapolis, Ind., Aug. 15. To teat
the power and nature ot the electricity
generalied by electric eels, Max Ellis
and William Tucker of the University
of Indiana, will set out today on an
expedition to the wpper Amazon riyer,
where the shocking fish have their
habitat. .
Anniversary of Los Angeles.
Los Angeles, Cal., Aug. 15. With
delegates from all over the country
present, the American Association of
Opticians convened here today. The
1911 convention will probably be
awarded to Providence, R. I.
Camp for Consumptives.
Richmond, Va.. Aug. 15. A camp for
tuberculosis patients was opened near
here today. Already more applica
tions have been received than can be
accomodate and additional buildings
will be necessary.
Pilgrims YIMt Shrine,
Aurlesvllle, N. Y.. Aug. 15. Catholic
clergy aud laymen from all over the
East took part today In the celebration'
of the twenty-fifth anniversary of the
0 nnrl
IPMUm four
Exclusive Agents for the Two
Greatest Coi set Lines
Henderson Fashion
Form Corset
Prices $1.25 to $7.50
Self-Reducing
Corsets
Prices $2.00 to $4.50
A model for you no matter whftT.har vnn
are large or small, tall, medium or short
we have a style that will suit your form,
exactly. .". y
part advertising
nominating election to be held on
September 24th, 1910. If nomina
ted and elected I will work for the
Interest of all the people of my
district to the best of my ability,
favor the maintenance of the di
rect primary law and people's
choice for senator and believe the
people are as competent to nom-
. lnate as they are to elect their of
fleers. Very respectfully 'yours,
a A. BARRETT.
DR. r. T. BACON", La Grande, Oregon!
The Observer is authorized to
. announce the candidacy of Dr. C. T.
Bacon for coroner of "Union county,
subject to the decision ot the re
publican voters at the primary clec
tlon ,
erection of the chapel and memorial
cross at the Shrine of Father Jogues,
a Catholic missionary to the Indians
in the colonial days.
Big Aero Bare Open.
New York, Aug. 15. Under the con
ditlons of the $30,000 prize offered by
the Pulitzer papers for an aeroplane
race from New York to St. Louis, the
contest Is opened today, and the big
purse will go to the first aviator to
make the thousand mile trip between
now and January 1, when the offer
expires.
MONTANA LABOR MEETING 0.
Representatives pf Yarleus I'nlous
Hold session at ureal t alis
Great Falls, Mont., Aug. 15. Repre
seAtatives of the various trades un
ions throughout the state were as
sembled in this city this morning,
when the Montana Federation of Labor
opened its seventeenth convention.
President M. M. Donghue called the
gathering to order and Secretary Os
car M. Partelow read the official call.
The convention will continue its ses
sions until all Its business Is conclud
ed, which will probably be late in the
week.
1
M405 ,J!!ff;i.R7 Bands
STOCKMEN CANNOT REMEMBER.
EQUAL OF PRESENT SITUATION
Sheep Have Taken to Scattering and
Herders Have Much Grief.
Never In the past decade has there
been such manifest arldness in the in
terior of the mountains surrounding
La Grande, according to eminent cat
tlemen. Walter M. Pierce, .who has
been spending considerable time In the
mountains south ot La Grande the pas
few weeks, looking after stock, says
that he has never seen the mountains
so dry or the drought extending back
so far from, the valley as It has this
year. Other stockmen vouchsafe the
same opinions.
Sheep are having a strenuous time
feeding this year. The ranges are
well eaten off, and the flocks have
habit of scattering much more often
than formerly and sheepherders are
having difficulty In all instances.
EASTERN LABOR CONGRESS
Delegates Come In Large N'umbers to
Convention at Newark, X. J.
Newark. N. J., Aug. 15. Represen
tatives of organized labor In this state,
delegates to the thirty-second annual
congress of the New Jersey State Fed
eration of Labor, assembled In Ne
ark today In order to Jointly consider
matters of Importance In the cause ot
labor.
Motor Boat Trials.
New York, Aug. 15. Trial races to
select three motor boats to defend the
Harmsworth international trophy
against the British challengers, were
commenced today at Huntington Bay,
lu L The race will be held Saturday.
Espersat Congress.
Washingon, Aug. 15. An, address W
Dr. Zamenhof of Warsaw, Poland, op
ened the International Esperanto Co
gross today, ovemment delegates frrw
nearly all civilized nations were th
presented.
ARID CONDITION