The Evening Star. WEDNESDAY, APRIL 15, 1874

Evening Star, Issue 3477, 15 April 1874, Page 2

The Evening Star. WEDNESDAY, APRIL 15, 1874

The ‘Argus’ of the 25th ultimo gives the following account of pact of a speech delivered by Mr Stephen, the Attorney-General of Victoria, when he was giving an account of his stewardship to his constituents :—“ Referring to his efforts In the cause of law reform, ho mentioned that his scheme, as submitted to the House during last session, had received the warm approval of Sir William Stawell, and he warned the country that no attempt to simplify legal procedure, or to remove some of the anomalies and absurdities which disgraced the administration of justice would ever be successful unless the

desired innovations were forced on the profession by the pressure of public opinion.” It appears that Mr Stephen introduced a sweeping measure of radical reform of the procedure of the Supreme Court reducing it to the level of that of of the County Courts, thus simplifying and cheapening legal proceedings to a very great extent. This measure, it appears, was passed by the Assembly, but was thrown out in the Council “ by the influence, undoubtedly, of Mr Stephen’s profession the lawyers.” It is not our intention to say anything whatever respecting the merits of the three candidates for a seat in the Legislative Assembly now before the public—the electors of Dunedin are quite competent to decide for themselves. At the same time it will be hardly out of place for us to say a few words about a matter alluded to by one of the candidates at the hustings. Mr G. E. Barton, referring to the popular prejudice which seemed to exist against sending lawyers to Parliament, intimated that it was very necessary that a certain number of lawyer's should have seats in Farlia*

raent, in order that purely legal questions might be properly dealt with. He also said that some of the most honorable and upright men in Dunedin might be found in the ranks of the legal profession. Now, although we are not at all disposed to question this latter statement, we are by no means prepared to allow that the popular prejudice is a wrong one ; on the contrary, we believe that this prejudice or instinct, call it what we may, is a thoroughly sound and healthy one. The very training which would make a man a good lawyer would also tend to make him a thoroughly bad legislator. If we consider the matter carefully we must come to this conclusion. The whole course of a lawyer’s education has this end in view, viz., to make him skilful in finding arguments which may be made to tell in support of any given view of any given case. His business is not to find what is really true, or what is untrue; but to persuade others to adopt his view of the case. In fine, while a lawyer may be a very clever debater, and an excellent party man, he is about the last that we should ;• expect to be the initiator of any scheme of public utility, or the supporter of any measure on purely public grounds. Further, a lawyer is, both from training and from interest, a thorough Conservative—a supporter of things as they are. The very maxim on which the Common Law appears to be based—“ That what has once been decided to have been lawfully done may lawfully be done again”—the whole system of precedents, in short, is just Conservatism, pure and simple. Innovation is the lawyer’s special aversion. What Coke (C. J.) or Cole (C.8.) decided to be lawful two or three hundred years ago, weighs with him far more than what common sense or the interests of truth and justice, of right and wrong, may now require. It is evident, then, that a lawyer, as such, must be an enemy to progress- ■ quieta non movere is the maxim, and undoubtedly the remarks which we have quoted from the * Argus’ bear us out most fully. It is true that Mr Stephen is himself a lawyer, but the exception proves the rule. Here is a man who has had the strength of mind to break through the trammels

which his profession has thrown around him ‘ } he opens his eyes to the glaring need that exists for a wholesale simplification of the modes of legal procedure : immediately the whole profession rise in arms and succeed in rendering, for a time, his attempt abortive. But the work is as -good as done, we may believe, and the public opinion to which he appeals will declare that the monstrous system which he attacks must be destroyed. It is worthy of notice that the greatest law reform ever effected was brought about, not by a lawyer, but by a soldier. The Code Ncipoleon is a legacy left by the great Emperor to his countrymen, which will prove a blessing to millions when the memory of his victories and defeats shall have well-nigh perished. Of course in framing this code he availed himself of such legal assistance as was procurable \ but it was his master-hand that cut the Gordian knot by sweeping away the legal cobwebs and rubbish, and virtually starting afresh. We shall do well to remember that if anything is to be done in the way of legal reform, we must do it ourselves —that is to say, public opinion must be brought to bear effectively on the question. It is absurd, and almost unjust, to expect that the legal profession will take the initiative—that they will do anything else indeed than recalcitrate most vigorously. No man is bound to quarrel with his bread and butter ; and it is not in every Colony that a Stephen is found sufficiently able and patriotic enough to endeavor to benefit his country at his own expense, by indicating a means by which his own income may be very seriously diminished, and directing the weight of public opinion to the point where it may be most effectively exerted. As we said before, we do not wish to express any opinion on the comparative merits of the rival candidates in the present election. We only wish to show that a lawyer, as such, can have no superior claim to the confidence of the public, and that the presence of lawyers in Parliament is by no means likely to hasten the advent of the much-needed legal reform. That Mr Barton has on other grounds very considerable claims to public support we unhesitatingly concede.