The Gazette 1921-25

The Gazette of the Incorporated Law Society of Ireland.

DECEMBER, 1923]

29

many anxious for the future. I have heard too, from several of my esteemed colleagues, the expression of regret that lawyers are not at present popular. But was popularity ever incident to the exercise of the law ? As an old writer says in respect to recourse to law : " It is a good remedy, bad business, and worse recreation." Like Wordsworth's sequestered maiden by the Springs of Dove, the best part of our professional life and work is half-hidden from the view, hence of us there are none to. praise, and very few to love. The wonderful realm of research and discovery too, such as belongs for instance to the great medical profession, and which worthily claims the admiration of the public does not pertain to us. We are guided by experience and precedent, and cannot pretend to that interest. Nevertheless, for the maintenance of Society, our work is not only useful but absolutely necessary. The other evening a member of the Bar, speaking at our Apprentices' Debating Society, compared it to the mortar which knits together the social fabric. I may add that, when the architectural beauties of a building call forth our admiration, we do not spend much of it on the cement and mortar ; but all the same, consequent on its decay or want, comes disintegration and destruction. Prosperity follows peace, and the success ful exercise of our professional duties are dependent on peace. Our office is to see that the laws intended for the protection of liberty, and the rights of property, shall be properly interpreted and applied on behalf. of every individual who has recourse to us. It is a great and honourable undertaking, and your Society strives not merely to protect our professional privileges, but to see that in that respect the public is well served. To us as to every other member of the community, it is of vital interest that law and order should prevail with peaceful conditions, so that each can carry on his avocations without danger or menace from those who make their own idiosyncrasies a religion.

Your Council consented in deference to the strongly urged opinion of the members and delegates of the Provincial Bar Association of Ireland, representative of the Provincial Solicitors. That the Judiciary Committee went beyond the recommendations of the Provincial Bar Association is in the opinion of your Council a matter of regret. But what ever disapproval there may be, we must accept the Bill with a resolve to make its operation so far as possible, useful to the public, and avert the evil results which we apprehend. In this attempt we hope that we shall not be frustrated by the rules which have to be framed under the Act, but that these rules shall be so framed as to give liberty to the plaintiff in the selection of the Court wherein he is to pursue his claim, and to give a wise discretion to the Judge in the matter of costs, so that the plaintiff may not be penalised when he makes reasonable selection. " He that goeth about to persuade a multitude that they are not so well governed as they ought to be shall never want attentive and favourable hearers, because they know the manifold defects whereof every kind of regiment is subject, but the secret lets and difficulties which in public proceedings are innumerable and inevitable, they have not ordinarily the judgment to consider." When tempted to criticise Government, I •always recall these words, the opening sentence in Hooker's " Laws of Ecclesias tical Polity." Written over three hundred .years ago, they are still applicable. The remarks which I make, therefore, are not to be taken as criticism adverse to the Government. I fully appreciate the great difficulties which the Government of the Free State has had to contend against since its establishment, and the greatness of the work which in spite of these difficulties it has accomplished. For some years the legal profession has had to work under embarrassing conditions and in future our work must be carried on under conditions which will differ in many respects from what we have been accustomed to in the past, and no doubt recent experience and natural apprehension of change, render