The Daily journal. (Salem, Or.) 1899-1903, January 06, 1903, Image 4

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The Daily journal., January 06, 1903, Page PAGE FOUR, Image 4

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Newspaper Page Texta swuff "l S 53 mwj CktlUliilWS: THE DAILY JOURNAL, SALEM, OREGON. TUESDAY, JANUARY 6, 1903. PAGE FOUR. XJISCOURTE8EY OF THE DENCH Imeberlng l'inckney, Wirt, Webstor, TO THE BAR THWARTS JUS- TICE AND PREVENTS FAIR AND IMPARTIAL TRIALS. (Oregon Law Journal.) Hon. W. A. Mergan, In an address Defore a llnr Asportation or a sister tale. aniniif4f TWhw tliliis, says: "It ftas liww tnUyW that. 'A row! bar tnnbes a jmhxI nench.' ami lu coreuv Ure must also be true that a vr&ak Sir makes a weak bench. ThfJtorean rengthen the bench; UMrliiUt can b llttl to st-enuthen tlio bar. The feaeone are obvious. The stream can MDt line nbore IU source. The Jinls.es sra drawn from the tar; tner are not wwajra selected because ef their es pecial fltnesK. It, no rtwibt, suniettmp Jtopitetis that rxjlltlcal and other con siderations are paramount. And when he lawyer takes hie scat a Judge itfiHre Is no maRlral transformation. He rail hns the same character, the same Mature nml the tome attainment ns lie liail before-. If be approaches the filtfnl he will be cotti tenim, affable, iflntr-mpred. patient. conscientious, lnrned In the law, ami be rtsesl f hoiiihI B(innu nml Judgment ami an Tmpnrtlal utlml. In ao far ux he le de ttplont In those, he In rieflclont as n TiuIko. Ilroachos of cotirtosy and oxhlbl tfons of llltompnr or Irapatlonco, eith er, on the part of Judge or counsol, are IJablo to prevent a thorough discus--sfon of the quostlon boforo tho court, and may rosult In a miscarriage of Justice. Kurthor than that, the one utility of hiicIi misconduct thereby aiiffara a lose of public respect. Conn el have Mime alight excuse, becnute they are Intently Interested, and zeal for their client's cause may carry Uram. anmetlmeM, beyond proper bound. Hut the Judge line no excuse. Ife le presumed to bare no Interest In Ibo cnuee whatever, and oftentlnms Choate, Mason and othor great advo eato. These groat judges wouiu never have gained renown without the assistance of lawyer. Some one has aid that the court shines by a sort of reflected light. Did you ever atop to think of It. iMBtttmen, that It Is nbso lutely Imimssiblt for th Supreme Court of Iowa to consider any caee Umt may come ftefarf It. without tin help of counsel? An Independent In vestlgatton would be Tftterly lmnoI hie, cofttMqiiently we must rely upon the blip of counsel and give voice to what they ald In their printed brief.' ".luetlcp. In the language of Webstar. 'In the greatest Interelt rf man on earth. It la the ligament which hold clvillaed nation together. Wherever her temple standi, and as long aa It, la duly honored, there la a foundation for oclal security, genera) happiness, and the Improvement and the progress of our race. And whoever moors on trim edifice with usefulness nud dlstluc tlon, whoever clears Its foundations, strengthens Its pillars, adorns Its en- tabulatures, or contributes to raise Its august dome still higher In tho skies. connects himself In name, and fntno. nnd character, with that which Is, and must be, as durable ns the frame of human society.' "Justlco can only be nttalned by the active, cordial, cooperation of the bench nnd bar; and that co-oporatlon requires mutual forbearance, mutual courtesy, deference and respect. What ever tends to discord between bonch nnd bar, tends to defeat the ends of Justice; and to defeat he ends of Jus tlce tends to anarchy nnd barbarism. Ism. "Washington said of the Judlsial de iwitment that It was 'the keystone of the whole political fabric' Defeat the ends of Justice, and you shatter the keystone, and the fabric falls. "It Is a reflection upon the bar that positive injury either to one of the courts. That It should put forward litigants or to counsel. Where coun sel are rut off In argument, or spoken , or about. In a sllghtlus or III Uinperetl manner, their clients are ami to infer that they have made a in Impartial mind. Tho bar knows better ( than any other body of men which of i Its members como nearost to possess ing thoso deslrablo qualities, and j which nre lacking In them, and It Is, Its duty to do nil In Its power to pre vent the olectlon of a Judge who does not possess these qualifications to a , reasonable degree Tho bar should never permit political considerations to outweigh Judicial filnpss in select ing material for the bench. "An organized bar possesses ast, power and Influence. Actively and ' i-tuMlv u-lalrlul It pan nvorrnmo nnv ' ......, .....Uw, .. -.. . ""' obstacle and can accomplish any legit Imate result. The poeeeeslon of such power and influence by the bar renders each Individual member personally re sponsible far the character of the Ju dlclary. "The lawyer has no tight to say, a,Ct an Individual, that whatever happens outside of his private practico Is no affair of his. and that no responsibility for It rests on him. His education and training specially fit him to direct the affnlis of state. It Is his duty to give to the State a portion of his time and labor. It Is his duty to take an active part In shaping the laws enacted by the legislature, nnd an active interest In seeing that they nre construed and enforced by trllunnls made up of the best Judicial talent obtainable, "So you see, gentlemen, that the character of our courts, and tho thor ough and Impartial admlntstiatlon of Justice, the respect nnd confidence of the peoplo for nnd In tho Judiciary, and the stability of our institutions, depend upon the chnracter. learning, Integrity, independence, nnd moral courage of tho bar. The bar Is es toppod to complain of evils that may exist, for they exist on account of Its own negligence nnd suplneness. It has the power to correct evils, nnd It Is Its duty to exert that power." W.r14t44W NOW ON Wo hopo this may bo tho happlost Now Year you have ever experienced. Wo arc going to do our part to niako It so. We constantly hear, "Neighbor So-and-So or some friend, or ray wife or sister, told mo that this was n good placo to trade and so I enrno and I am well pleased so far." Thank you friends and patrons, for this kindness. You havo treated us royally. Success bo to you! And don't you forget that wo aro going to do our vory best for you on cvory artlclo bought from our store. Wo carry nnd Intond to carry ono of tho largest stocks in tho valley. Wo buy from tho best houses In the United States. No effort Is spared to give you extremely good rnluos. And again we say. Thank you and Happy New Year! IUo cnuee whatever, and often tlnms It has not taken an active part in the Recording of Contracts and Dills of kujfc, breach of good manner works a! election of the Judges of our higher lSale Unnecessary Unless Required by Statute. (J H. r.l "Is a bill of sale candidate for the bench, I believe toRot recorded on the books of the conn be unwise, hut that It should scan and ' recorder's offlee good? Is It neces- criticise those who become cnmlldates, ry to record an agreement? no matter how. I believe to he Its At common law It was nut necessary rflllV. jlftul It iiIjiuiUI dnp.,.d1t. ..1 ..a til rflWfll-ll Itllf'h Inutl lltnAHta nn.l xi-l.t. I "-- " wivnin v... i--(tij nmi n.-- -- -- .. . i,,,iv-,,i, ...... ...in lively protest agalust the appoint- "" ,l ' t(l1 unnecessary, mile we g 9CH-eeeKe 0OO-Hi4-d4're494Hi444444H4Wt iiiiiiimiii iiii-inmiinni 11 HiHHiiiwwfrH nnd the next time they have a muse li lltisnte, will endeavor to find coun sel who apHmr to stand better before thai sou rt "The province of the Judge nnd that r the advocate are distinct, but they are Interdependent, und the adminis tration t Justice would lie a sorry peotnols without the- adeeenUi's as Hlalanuo. It la inifortuwafe for the auie of Jiwtlee when the judge forgets lint dspeudenee on the bar. and forgets to r It the dnferenre and- respect which Is Its due. "Judge Thompson, of the tlupreni' uotirt, of Iowa, speaking of the bar. suit): 'Yon never hesr of ureal Jh4b without thinking of mime great lawyer behind hint. You never think hient of those who. in general estima tion ftf tho bar, are unsuitable for the bench "The Imr knows Ha members better than It la ioalhle for the public to have a statute requiring them to be re corded. Hills of sale of ships nrd re quired to Im registered. Contracts for the sale or purchase of land, contracts of mining co-partnership, commonly be In form n bill of sale, but the trannsactlon was Intended to secuie a debt, it is a mortgage, nnd parol evi dence Is ndmlssable to show the true nature of the transaction for this pur pose." (page 109) "A bill of sale as such Is not entitled to record. and a record so called of n bill of sale Is an absolute nullity. The Instru ment In question was entitled to rec ord only as and because It was a mortgage." at Marshall, atory qi Bnaw without re- ag t nieot an Imnie squarely and au know them. It knows their characterls-1 known as 'grub-slaking," chattel mort tics, temperaments and attainments. Kges. deeds of trust, conveyances' nnd Though an tlllclent lawyer, he may I other Instruments Intended to oner kck wUat ts commonly termed U Ju-laU aJn- ropttyjaKu -.uuqutMqiftgual I niciKi minu; me judicial quality; that etmllty which listens patiently, weighs the evidence nnd arguments carefully, and derbies conscientiously and Impartially. "As I have said before the qualities dc8iiaM In a Judge are courtesy, af fability. even temper, patience, cousci eniloiiHiicN, legal learning, sound sense and Judgment the moral cour proiterty. and ull bills of sale Intended to secure a kn of money or for other security are tequlred to be recorded, unless the mortgagee or purchaser take Immediate ossesslon of such prtqierty, and thereafter continue In the attual iKissesslon of such prop erty Judge I.oiil. rendeilng the opinion of the couit. in the se of Nlckllu vs. Children Cry for 1MIH, 11 Or. page 107, Hays' "If it Oil 1ms been discovered In Malheur county at a depth of BO nnd IBO feet, respectively. It was encountered In a stratum of oil sand, nnd ennio to the surface mingled with water and gas Kxpeits pronounce the field promis lug. A petition is being circulated hi Me Mlnnllle to have the 7;20 p. m. train, whlnh.f.aaYw. HorUamL aWU&D, Veavo that place BO minutes oarller, In or der that It may connect at Whlteson with the Yamhill division. There is also a iietltion to have the Yamhill di vision changed. Instead of having the Junction at Whlteson. to have tiains connect near La Fayette, and come through to Mi Mlnnvllle YOU SHOULD . have your teeth Examined at least TWICE a year and cleaned Thoroughly. The TARTAR Accamalaes very fast and if not given attention causes Grave Troubles. ; We make no CHARGES for examination ..Prices Right, Wort Right... JU Ts.j&ttiv&iPLmaeri TscVll: Salem, Oregon. I WtttillllllllHHIlHW -K-H-H HUH EH-H-r-f-R-rV Fletcher's Castorla. ' J. A. Rotan. Full line of furniture carpcis, rugs ana aoor mats. Protect your pocketbook and save money by calling on us. Ranges, Stoves, etc. 307 Commercial Street. Harper's Whiskey Is the best Get some Into your vest. Gus. Schrelber keeps It, And you know tho rest. FARMER'S HOME 153 State Street. feoe-m- 44-t0-H)eM-O-rS44-r99 f eee &e-feo46-f-a0a o-t-ee-t-; , X K JSl.s3l? xxx v X TORE THB SALBM WOOLEN MIL,L, S u i : ! IF ECONOMY IS ANY OBJECT TO YOU IT WILL PAYYOUToS - H r(H4MM-WWWK0s eaJjnJA... . :: Mfir .MO.O0. M2.00 lines now reducde to $ 7.00 !!0r 10.00, 11.00, 12.00 lines now reduced to j ; Our 1 1.00. 12.00 12.50 lines now reduced to ;0ur 12.50. 13.00 lines now reduced to I Our 12.00. 12 50 lines now reduced to ; Our 15.00 lines now reduced to Our 12 00. 513 00. $14 00. $15.00 lines now reduced to J0.00 HH-HA44-siftj.AA.Jx-x-. ' 7.50 8.00 I 8.50 I 9.00 !! v Our SHOO, $16.00 Oui 1500 2 Our 16.00, 17.00, 18,00 i; Our 16.50 ;; Our 17.00, 18.00. 20 nn . - 17.00, 17 5o, 20.00 n 0r lines now reduced to lines now reduced to lines now reducecj to lines now reduced to lines now reduced to lines now reduced to $.00 j J2.00 I J2.50 I 1 3.00 J X4.00 I 5.00 I I! 0r entire stock of Overcon,, Ex,ra P.n,, s. nrT'T.4" i nnd Boys' Knee Pants will also be sold at soeclM ..,Z: VT I, "T.. Ca,S Glf S1-,s "- Coats . r wwwxao, iu arucie in tae above lines reserved. jSL wsJbJLiEi '""t HEADQUARTERS FOR SALEMADE BLANKETS. FLANNELS mnt . ". rt-ANNELS, INDIAN ROBES. MEN S AND BOYS' CLOTHING, LAD.ES' SUITINGS,. ETC. Store Wfw,wwwii(iurwtiii,i , ,;; v .