A Sketch of the Professional and Judicial Character of the Late George Sharswood, Chief Justice of the Supreme Court of Pennsylvania: An Address Delivered Before the Law Association of Philadelphia, November 20, 1883

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Published for the Law Association, 1883 - Judges - 53 pages
 

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Page 16 - If the end be legitimate and within the scope of the Constitution, all the means which are appropriate, which are plainly adapted to that end, and which are not prohibited, may constitutionally be employed to carry it into effect.
Page 34 - No class of the community ought to be allowed freer scope in the expression or publication of opinions as to the capacity, impartiality or integrity of judges than members of the bar. They have the best opportunities of observing and forming a correct judgment. They are in constant attendance on the courts. Hundreds of those who are called on to vote never enter a courthouse, or if they do, it is only at intervals as jurors, witnesses or parties.
Page 46 - ... question. This is the office which the advocate performs. He is not morally responsible for the act of the party in maintaining an unjust cause, nor for the error of the court, if they fall into error, in deciding it in his favor. The court or jury ought certainly to hear and weigh both sides ; and the office of the counsel is to assist them by doing that, which the client in person, from want of learning, experience, and address, is unable to do in a proper manner. The lawyer, who refuses his...
Page 35 - Hundreds of those who are called on to vote never enter a court-house, or if they do, it is only at intervals as jurors, witnesses or parties. To say that an attorney can only act or speak on this subject under liability to be called to account and to be deprived of his profession and livelihood by the very judge or judges whom he may consider it his duty to attack and expose, is a position too monstrous to be entertained for a moment...
Page 44 - A Compend of Lectures on the Aims and Duties of the Profession of the Law, delivered before the Law Class of the University of Pennsylvania.
Page 27 - The true rule unquestionably is that wherever it becomes necessary for a judge to sit even where he has an interest — where no provision is made for calling another in, or where no one else can take his place — it is his duty to hear and decide, however disagreeable it may be.
Page 34 - We have not heard that the judiciary was discredited or dishonored in Pennsylvania because it was held there to be both "the right and the duty of a lawyer to bring to the notice of the people who elect the judges every instance of what he believes to be corruption," or in Wisconsin by the denial to its judiciary of that immunity from criticism asserted in State v.
Page 27 - In, and where no one else can take his place, It Is his duty to hear and decide, however disagreeable it may be. Matter of Ryers, 72 NY 1, 28 Am. Rep. 88.
Page 36 - ... effect to his antenuptial agreement, is proved by the clearest and most convincing evidence. If, as it has been earnestly contended, the decree of the Court below must be affirmed and the entire personal estate of the decedent awarded to the appellee, then it is not to be disputed that there must be some palpable defect in equitable jurisdiction in this Commonwealth, to render necessary so gross an injustice, so revolting to the moral sense of what is right and wrong. We think, however, that...
Page 34 - He told them, as a matter of law, that if the prisoner at the time he killed the children knew the nature and quality of the act he was committing and knew that he was doing wrong, then he was guilty of wilful mnrder.

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