Rensselaer Democrat, Volume 1, Number 6, Rensselaer, Jasper County, 20 May 1898 — The Contemptable (?) Resolutions. [ARTICLE]

The Contemptable (?) Resolutions.

The Following is the Text of the Resolutions Adopted by the Benton * County Bar Last February. Fowler Leader. Whereas, it is the sense of the persons engaged as attorneys and counsellors at law constituting the bar of the Bent m circuit court. That all manner of persons are entitled to the equal protection of the laws and to courteous, patient, painstaking hearing of their cause of action or defense. And that no person should be compelled to yield up a right, or claim of right, except at the mandate of the law of the land. That no man should be called upon to bow to the will of any other man, evep though occupying judical position. That the office of judge calls for a grave, dignified and important Exercise ot constitutional power, j under the established forms of I law, and is not, and cannot be likened to, the pendantic and autocratic position of one entrusted with administrative duties. And whereas, they oeiieve the right of trial by jury as it existed 1 at common law, and as guaranteed by the Constitution and Bin of Rights, and provided for by : law, is a right undeniable. That they believe the jury to represent the moral sense and tue principles of natural justice upon which all organized society and true liberty is founded, namely:! the right, as held by the body ot! the country. That they believe a trial jury j to be an independent, untrammel-* led and dignified tribunal, with the power to decide disputed questions of fact in causes submitted to it, and owing to the Court no vassalage or duty; but only charged with the duty of honestly, intelligently, and fearlessly finding (Mi questions of fact submitted ; to it, and applying thereto the rules of law applicable, and making thereon an independent judgment of the rights of the parties. That any denial of the right of trial by jury in its fullest sense; that any invasion of its province; any attempt to trammel, usurp or control its action by the Court; is not only a positive wrong, but a grave misdemeanor in office. That as touching it, the right of the Court only goes to admission of rejection of evidence, and to the giving of fair, impartial and unbiased instructions; reserving at all times the right to layhand on a verdict which is the palpable result of manifest error or misapprehension: or bearing intrinsic evidence of the domination of passion, prejudice, or fraud; or clearly and indisputably against the great weight of the evidence. ! But in no case has the Court the right, either by words, acts, conduct, or intimation, during the trial to impress its views of the facts, or the rights of the matter upon the jury.

Not has the Court the right in any wise to seek or attempt to influence its verdict. That they believe that each person who submits his cause of acticn or his defease to the arbitrament of law, wifthovt reference to the merits of his came is entitled to courteous, gentlemanly, and impartial treatment hj the Court; and is entitled to mllt * his cause of action or his jeffsfSf in the mode and form, he, or Ms counsel, may select, providing such mode be according to the ThSes of law and does not, unnecessarily, delay the trial of cause, and it is the sense of them flint it is no part of the Court's duty so conduct either parties' 4|dMwe condemn in unmeasured mm the conduct of judges who become partisans, examine witnesses, comment on the evidence, or select and single out portions ofitia the words or by the name M fbe witness to serve as a basis, Or tp illustrate an instruction on written or announced in asgumentative form. they believe during the

trial of a cause, with or withouta jury, the Court should express to no one any opinion as to the rights of the parties, the merit or demerit, weakness or strength of the cause. That they believe all action taken by the Court in all adversaryproceedings, should only be in open court, and only in the presence of both parties or their counsel. That they believe that the Court should at all times preserve a gentlemanly demeanor toward them; and that the law does not « impose upon the Court the duties of a schoolmaster toward refac- i tory pupils; but that both the ; Court and counsel are officers of! the law, gentlemen of equal rank, j engaged in the same high duty of I preserving and enforcing the law j of the land according to its established forms. And they should treat each other as equals, each yielding to the other only his due, the willing tribute of gentleman to gentleman. That they believe in an economical administration of the law, j and that where a judge by his conduct, disqualifies himself in many causes; bring about and occasions retrials; . necessitates the calling yf other judges, or the appointment of attorneys as special judges or the changing of the venue of causes to other counties or circuits; and entails upon litigants and the public additional burdens; that such conduct amounts to a dismeanor in office, and cannot be and is not redeemed by that false and parsimonious economy, which requires jurors and bailiffs and court officers to serve both day and night for the per diem allowed by law. And whereas, while they believe the Honorable Simon P, Thompson to be wholly uninfluenced by mercenary motives, and to be above bribery, friendship, i or enmity; in other words, while i they believe him to be honest, it j is the sensejof the bar that he has | in many instances,-by the meth-j ods here condemned, and by tie j disregard of each of the iunda-j mental rights here declared, de- j prived the people of the benefit : of a trial by jury. That his conduct jt many times has been wanting injudicial poise and temperament. That they demand as of right,: that the court be conducted according to its ancient usage. That it follow the practice and procedure established by Judge Hammond, sanctioned by David- j son, Nelson, Vinton, Rabb and Gillette. Therefore, be it resolved by the members of the. bar of the Benton Circuit Court, that a copy of these resolutions be forwarded to the Honorable Simon P. Thompson, and that he be requested to carefully consider the same, to the end, that the administration of 4>ublic justice be restored to its ancient dignity and respect. Resolved, that they be tendered to each member of the bar for his signature. . WltL ISHAM, Chas. M. Snydek, / J. T. SaundersouK / Committee. E. G. Hall, Daniel Fraser, Dawson Smith, Wallace Snyder, J. T. Saunderson, Guy H. Neff, A. B. McAdams, Jos. F. Sleeper, Meade S. Hayes, Louis Snyder, Elmore Barce, Will Isham, Charley Snyder.