Page:The Green Bag (1889–1914), Volume 21.pdf/465

 436

The Green Bag

horsehair indicating the material used to work the handle. These facts, which could not possibly be considered mere coincidences, com pleted the chain of circumstantial evi dence so as to show no missing link. The jury felt itself justified in giving a verdict of guilty; and Emperor William, shocked to the utmost by the cowardly crime, must have regarded the proof as so absolutely convincing that, by way of exception, a confession could be dispensed with. In concluding it may be pertinent to point out the fact that the German law does not require at all a confirmation of the death sentence. After all pos sible legal proceedings have been ex hausted, the sentence is liable to execu

tion under the formalities prescribed by the law. But since a human life is at stake, it devolves upon the Secretary of Justice as a duty to ascertain whether or not the Sovereign should be disposed to make use of his constitutional right of pardon, and for this end the records, together with a concise report, are turned over to the Privy Cabinet. If the Crown decides not to interfere with the course of justice, this fact is stated in a separate "cabinet order," signed by the sovereign by his own hand. Technically this act can hardly be considered a confirmation of the sen tence, while the signing of the death sentence by way of confirmation on the part of the sovereign is simply a fable.

Legal Idealism By Charles F. Chamberlayne THE legal profession recognizes, with dominates conduct and determines its some alarm, the extent to which social value, whether in the line of a it is suffering from low idealism. profession or elsewhere, is not a fixed Wherever lawyers privileged by position rule but an unattainable purpose, held to speak for their profession have occa steadily in view. Paradoxical as it may sion to let their views be known a pro seem, the world knows that in matters found consciousness is shown that the of conduct nothing is more practical standard of professional conduct is ab than the ideal, nothing more visible normally low. From time to time our than the unseen. Analogies are every bar associations have met and deliber where. Back of the creaking of masts, ated deeply on the situation; and they flutter and spread of sails, the rattle of have given us, as a panacea for the evil anchor-chains, lies the subtle, mysteri —codes of professional ethics. To the ous loyalty of the compass needle to its fervent cry for the bread of moral life a mystic affinity of the north. So the stone of formalism and negation, admir success or shipwreck of a professional able in itself, has apparently been given. voyage will be found to be determined The American lawyer has a fondness for by moral forces over which a code of codes; and to formulate that which is ethics, however salutary, can have but fixed they are valuable. But that which slight control. When the compass of