Law Alumni

It is my purpose to talk to yci in a friendly and fatherly wy. rather than to deliver a formal ad j dress. You havechosen thepiofession of the law for your vocatiou in life. lf you are fairly equipped with native ability and adequate mental furnishings, and enter the field of your labor with a just appreciation of the duties and obligations you assuine, and a high resolve to perlbrm them, there open wide before you the gates of useful ness and honor. 1 put usefulness before honor because there is no true honor that is not preceded by useful endeavor. Let noonehere hope to catch a nearer way or find a less rugged path to rank and station. V knowthat men not unfrequentiy attain to official position by intrigue with the vicious, suppleinenLed by corrupt political action. But, make no mistake; the rank and station t luis won confer no honor, and the success whioh crowus such efibrt is but seeming. In ihe Audit of liiè's great account it will find no place iipon the credit side. Believe me. young gentlemen, no wortby success comes except as the result of adherence to duty. Therefore, let duty be to you a word of imperial command, bearing constantly in mind that duty is ours, results are God's. We eau safely "trust Him to make amends lor duty's loss" - if such loss there can be. Bat in the grand summing up of a wovthy life it will not be found that strict adherence to dut; ever entailed a loss. He is suifering from moral decay who deerns an addition to his wealth, acquired by fraud and dishonesty, asubstantial good ; or the failure to so acquire it on presented opportunity, a loss. My observatioti and experience in life alike teach me that, if actuated by no higher or nobler motive, yet, under the law of the Eternal,even as a matter of selfish interest ■' honesty is the best policy." It has been so ordered, and the law is immutable. It has not escaped our observation that the belief is common, that the lawyer is necessarily in the practice of his profession an adept in law cunning; an expert in finesse; an economist of truth, not to say it wilful prevaricator. I remember that a year or two after 1 was admitted to the bar, I visited a dear old Quaker uncle. He was one of the best men in theworld; charitable, and full of good works. After we had been chatting awhile, he asked me how I was getting on in the law, adding with solemn seriousness, ' I suppose in the practice thee has to lie right smartly." It required a protracted argument to convince him that lawyers were not of necessity suffering from moral obliquity in the behalf mentioned, as a necessary incident of their calling. This absurd belief is the sult of a course of reasoning which starts f rom a false premise, and henee, while it leads to a logical conclusión, is none the less fallacious and unjust to the legal profession. Our critica start out with the correct assumption, that as a general pxoposition. botli sides of a controversy cannot be right; that therefore one lüwyer or the oiher must be combat i ing for the wrong, and in his entleavors to maintain the wrong, must be dishonest and untruthful. But in all this, those who put us under condemnation, beg the question ; they assume that lawyers know beforehand what is in fact to be ascertained as the result of a trial. If the right and the wrong, if the justice and the injustice of a cause, were or could be known beforehand, preparation for and the labor of trial would be obviated, and the lawyer's occupatioa gone. It is easy to be wise after the l'act. but oi'teu difh'cult before the truth is known. The experience of the ages is, that ia the complex affairs oí' lií'e, difterences will arise among men, and betweeu men, too, who are honest. These diffexences must be adjusted, and in gome manner consistent, with right and the preser vatio n of social order in the cotnmunity. To this end Courts were established to hear and determine controverses between citizens. Experience also abundantly demónstrate, that in order to reach right conclusions in the administration of public justice, certain rules must be observed. These rules are numeróos; they relate to and govern every step of progress along the line of legal procedure f rom the inception of the cause to the final judgment or decree. The proper conduct of a cause before a Oourt of Justice demands that one, who is learned in the law, prepare the case for hearing, and aid by his counsel, both the cliënt and the Court. It must be obvious to every intelligent mind that only persons suitably trained for the discharge of these duties can properly pedorra them. This is not less true of the vocation of the lawyer than of the practice of the physician and jieon, and is equally important. We need and employ a physician when we are ili, and in civiliz.ed society it is of the highest consequence that justice prevail, sïhce without it tiiere can be no real liberty, no social order without it; and tomaintain justice andenf'orce its decrees, there must be established tribunals for its administradon. So 1 subinit that care ful and intelligent reflection will leave no doubt, not only that iawyers are indispensable to the well being o! the community. and the state, but they, least and last of all, can aiford to indulge in the practices so frequently laid to their charge. They could not ptirsue a coiirse better calculated to undermine the foundation upon which the useí'ulness, dignity and, honor of theii profession rests. The young man who takes his place in the ranks of the legal profession with the idea that the lixed canons of his calling authorize, permit or tolérate conduct which does not square itself to the cleanest honor, that young man will be a disfrace to the bar and become an uicer on the community where he resides. No man who has such blunted moral preception and low estímate of his profession should have anything to do with the administraron oí public justice, except perhaps to sit in the prisoner's box. Let it be remembered that an incorruptible judiciary is the surest guardián of public liberty and private right nnder our written constitution and form of government. It is the rock upon which the waves of factional strife, of civil discord, and legislativa and executive oppression must break or our free institutions perish lïom the eartli. Legislators mayin ameasureshirk their duty and become corrupt. Ëxecutive officers may grow care!ess and negligent in the discharge of their trusts ; and yet our l'ree institutions endure. Ï3ut if the judiciary shall become iaithless and corrupt in the administrationofits ?unctions, there will remain to us no anchor of safety to keep us "rom drifting upon the rocks and going to pieces. Itwould seem to 'ollow, that those who are officers of the Court and thus identiiied with the important and honorable "unction of administering public ustice, should be men of undoubted integrity, of well ap proved probity. Beyond this; it s well known to the profession, that no lawyer is held in such utter contempt by his fellows, as the one who has the reputation of indulging in what is termed sharp practice, while the corrupt attorney is despised and conlemned aiike by the Court and the jar. One more remark in this beïalt'. It is not tlie mere fact of aeing a member of the profession that brings honor, but the noble ise of the opportunity it presente. [ do not want you to infer froin what I have said that you should oe so solicitous lest inj ustice be done, that you must look after both sides of the cause in which you are retamed. Oh, no ; we must be good in this life. tical in our goodness. Take care of your own side of the case. You eau safely trust your adversary to take care of the other. The Oourt and jury will do the rest. In fact, you will. in all probability, become so absorbed in your client's cause, ihat you will conclude that there is really but one side to the case, and that your own; and you will not infrequently be surprised to iind the Judge not in accord with your views, and in fact wholly fissenting. But you will be corriforted with the reflection that he views both sides,and weighs every fact and argument with impartiality, and that whatever the result, yo,u have had a fair hearing and an honest determination of your cause. Again, keep studying ; keep reading. Don't lay aside your books as soon as you go away iïom these halls armed with a diploma. Your duties will exact constant, unreinitting study. Remember, the lawis a growth. You will observe that thefacts and conditions to which the law must be applied, cannot change; and each day brings new and evervarying conditions. New f'acts are pre eented. The law must adapt itself to the new conditions and facts, since they cannot be changed to suit the law; henee the law grows and develops under the operating intluence of each day's necessities. Again, first knovv the factua your case, and tiien determine what justice demauds. When you have ascertained what isjust in the premises, you inay safely rely upon fínding that "the law sustains you. This involves trying the cause fairly before the tribunal of your own conscience, and be sure that before that tribunal you are true to your own intellect. True to yourself. If you are not just before the court of your own conscience, you will bear watching before all other tribunals. "To thine own self be true. If thou art, it follows as the night the day, that thou canst not be false to ány man." It will often occur in the course of your practice, that you will be applied to, to sustain that which on the showing is dishonest and fraudulent - the cliënt being willing to pay you liberally foi helping him play the scoundrel It' you consent, you become an Mccèssory before the fact. Some one may say, " What's that to me? lam a lawyer; it is my business to aid my cliënt in f'reeing himseli from the entanglement of the law.' Certainly, but there is a broad dis tinction 'between assisting a cliënt toplay the scoundrel, and delending one who is a scoundrel againsl unjust and illegal assaults upon his person and property. You may deiend a man charged with burgláry or arson, but you are not for that reason authorized to assist in the commission of tlie burglary or in burning the building. The function of a lawyer is to promote justice. In your conduct at the bar, be gentlemen under all circumstances Neverlose your temper in the trial of a cause ; the moment that you do, your adversary has you at a disadvantage, if he is capable and governs himselt'. ïreat your adversary with dignified courtesy, and the Court with the utmost deference. Ño Judge who is fit to preside in a Court of Justice will torn moment permit quarreling or bandying epithets in his presence. If you sïioiild, under great provo caüou forget yourself, and use ol'fensive languageto eiiher Court or counsel, improve the first moment when you can command yourself, to apologize to the Court and opposing Counsel. ïhis is due to yourself not less thari to them. Do not f'orget that you are required by the obligations of your oath to uphold the dignity and majesty of the law which the Court represents. Never puta witnesson the stand until you ascertain whathe knows about the case. Yon can't conduct an examnation properly unless yon do. Occasionally you will fincí a conceited, seli'-rigliteous individual who will decline to tell you anyLhing, and will inform you that he will tell what he knows when he is called to the witness stand. Such a witness usualiy has a smal! head and large conceit. Never cali a chump like that to testify if you can avoid it. Again, it will frequently occur ;hat after you have talked with a witness, to get at the facts of ypur case, he will, when cross examined, denjr that he has ever said a word to you about the case. Such persons are honest and mean to be ruthful, but seem to have an idea that if they admit having talked to the attorney about the case both 3ourt and jury will think they have aeen coached, if not suborned, and will deliberately deny the truth ather than fall under suspicion. Never fail to tell the witness, if he shall be asked if he has talked with the plaintiff or deíendant, as the case may be, or his attorney, to say 'rankly, "yes; I told him all I viiew about the case." Do not vield to any temptation to play the jettifogger; the name is thoroughly lescriptive of the creature to which it is applied. A pettifogger is a wart on the nose, a bunion on the foot of the profession. Let candor ind courage, based on honest conviction, mark your professional career. I arn frequently askèd by foung men just entering the pro'ession, uShall I take part in politics?" I answer unhesitatingly, ' Yes. It is not only your privilege, ut it is your duty as patriotic citizens." Politics relates to the science of government. This is a overnment of the people by the Deople. ïhey are the source of all jower. The theoiy of our government is that each citizen will take part in politics, that he will not inerely go to the polls and vote occasionally, but he will keep himself informedconcerning the public needs ; unless he does, he is merely a voting animal. The security of our free institutions rest upon the prompt and intelligent discharge of political duty by our citizens. Their indifference and neglect are the most fruitful source of danger to the republic. The man who fails to discharge his political duties should be disfranchised. Do not be restrained by the assertion we constantly near, that politics is a filt hy pool into which a reputable citizen may not step without danger of contamination or humiliation. The statement is a slander on our system of government, and an insult to the wisdom and patriotism of the fathers who founded it. If at any time or in any place - municipal, counfy, or state affairs, are found under the control and management of bad men; if corrupt demagogues bear sway; if political bummers are supreme at the primaries ; it is because the great majority of good citizens are grossly neglectful of their duties. You all kuow that the idle and vicious, the thoughtless and corrupt, constitute a very small per cent. of the population. But they are effective and powerful because they are active, while the worthy are inert, and in the main wholly indifferent about political affairs. To say that you should not take part in politics, is to say that you shull not be good citizens. Since no man can be a good citizen, and yet neglect the most important duties appertaining to good citizenship. The preparation for, and practice of, your profession render you peculiarly fit to take part in politics, and in such participaron become most usefal' to the State. First, you are familiar with the Constitution and the law. This knowledge is essential in legislation. Second, in the practice you be come what in common parlance we cali, "an all round man." Your callmg requires that you should have a general knowledge of' almost every branch of business. Since you may deal with each and all of them in the administration of the law, - the law of carriers, the law oí contracts, commercial law, domes tic relations - all treat of matters concerning which there is much legislation ; and in this we find an answer to the question which is often propounded, How is it so many lawyers are elected to tiie legislatura and to Congress ? Obvi - ousiy because theircourse of study, their daily vocation, supplies the training necessary to fit theni lor the duty of ledslators. Can it be truly said that you inay pfoperly abstain from this field of labor and yet discharge your duty to the State i Far from it ; but in entering the arena of politics, do not fail, young gentlemen, to rightly appreciate the just obligation you take upon yourselves. It is a matter of regret thal so man}r regard politics as a mere game to be played with all the tricks and cunning which the unscrupulous can devise. Machie valle, the Florentine statesman, thought so, and his career abundantly attests that he was a master iü poíitictil intrigue. He reduced lyingand hypocrisy to a fine art. He oscillated between the dungeon and the Court of Kings. He was alike able and corrupt. But it may be said in estimation or pallia tion of his course and of his philosophy, that he lived in times and near courts essentialhr venal and corrupt. He was but a part of and reflected theconditions witii whicii iie was enviroaed. But that age bas passed away. No such condi tions hedge about the politician of' to-day, and fraud and deceit avail only 'because our people neglect to fittingly rebuke those vvho employ such agencies. A moment's reflec:ion concerning the relation ofeach cilizen to the Government makes it obvious that the strength and excellence of' our governmental fabric dependa and must depend apon the moral and mental quality of our people. Since the republic is so organized and constituted that each citizen, whether good or bad, becomes a part and parcel of' it, it would seem logically to folio w that a pure Government of corrupt citizens is not possible, nor can we ïope for strength where the mate rial is weak. In this age oí' enightenment the form of Government is of less consequence than ;he mannerof administration. The poet truly said : ' About forms of Government let fools contest, That best adrninistered is best." Every possibility of good, every suggestion of danger to the public, ipyeals to you t'j become politicians- politiciansin thehigher and better sense. Every interest that can be imperilled by bad government invites you to its defense, and the line of defense is in the aolitical arena. The careful student will discover that the new ecoïomic conditions that are present with us, have presented important social, commeicial, and political jroblems lor solution. The spirit of unrest which abounds in the world is due to a cause which we must seek out, and understand. Tliat caiue suggests the necessity tbr wisdom and prudence in council, and justice and equality in egislation and administration. The relation of capital and labor, the intluence of aggregated capital n multiplyiug and perpetuating itself in the hands oí' a few, present a vexatious problem. lts control qji elections, its power in shaping legislation, thee, each and all, will demand intelligent investigation and timely and considérate action. The tendency to-day in this country is towárd a plutocracy protected byanarmy; but no such thing is possible in the United States, or, if possible, cotild not long endure. But the point is, to reach better and happier conditions without civil conflict; to rise to a higher plane without passing through the ordeal of revolution. That the world's experience protests that :his is impossible, I know ; but is it still impossible L Must the seed' of better conditions still be sown in peace and harvested in revolution ? Much depends on such as you. You see where your political labor can be well bestowed. I ara not taking a pessimistic view of the situation; it is unnecessary. It is quite enough to survey existing conditions, and consider the influences that are operating to shape our destiny. We cannot turn from such contemplation without realizing that there is important work for each citizen to do in order to continue to enjoy liberty with law. Many who think they are pessimists are merely dyspeptics, and a yery large per cent. of those who imagine they are optimists are only simpletons, to put it no stronger. Unfortunately the American character has been diluted by having poured into it an inky stream ered from the social cesspools of the old world, while at the same time there has come to us a class of most excellent citizens. But there has been no discriinination. The pliilosophercame, but the foolish carne also. The industrious and t ru gal came, but the idle and the vicious did not remiün behind. And unfortunately the bad element at once enters into the current ol'onr politica! life and corrupte it The corrupt demagogue linds thetè creatures servicable in earryingout his schemes. So many good and worthy citizens refuse to take part in politics, that demagogues becorae our mastérs. It is ueedless to say this condition cannot continue, without uiidennining the foundations of our government. Viewing the situation as it is. do yon i'eel, young gentlemen, that you can get your own consent to re f rain froin active participation in politics? The hope ot' the nation is in our capablé, honest yoüng men. If such as you remain out of the iield of politics, there is no avation in us. I do not mean that you shall seèk ollice. tint is not n.ecessary. I cannot detain you 10 discuss the marnier of digchárgiug political duties. You will find, as in the law that intelügence suppiemented by candor and courage, based on honest conviction of duly, is " the law and the prophets." 1 leave the theme of politics to offer a few words of counsel with reference to each of you personálly. In your dealings with men you will find much sage philosopliy in the advice of Polonious to Laertts Touching his personal appearaupt ti e said : " Rich thy apparel as thy purse can buy, Though uot expressed iu fkney."' Thatmight be paraphrased thus: Dress haiidsornely, but don't be a dude. Personal appearauce has much to do with success in lile. First impréssioñs are Jastiiiir, and a slouch never produces a good iinpression. Of course we hear and readof virtue in rags, but rags add pothing to tlie attractiveness of the virtue. In the same line, keep your office neat and clean. Again Polonious says: l' Give all thine ear, but few thy voice." In otli'er words be a good listener, but évercautious with yourtongue. This piece of sage advice is appli cable Cu all the relations of lile. No man ever injured his prospects by being a prudent listener. Many have wrecked their hopes by imprudent conversation. Burns puts the same idea in different language.'1 " Couceal yourself as weei's you can Fra critical dissection, But keek through every ither man Witli sharpened, sly inspection. Don 't mistake knowledge for wisdom. The possession of' the one does not even imply the possession of the ether. " Knowledge dwells in heads replete with thoughts of other men." Wisdom is rather the resalt of the proper assimilation of knowledge, an adaptation of knowledge to use, of means to an end. 1 have been asked irequent.ly what books to read in order to ac quire readiness of expression, apt illustration and impressive earnesiness. The Bible and Shakespeare. No where else will you iind such sententiousness of expression. Quote Mie Bible reverently, not flippantly. There is no passion, prejudice, hope ambition, feeling or motive known to the human heart to wliich Shakespeare lias not given fitting expression in lan guage oí unsurpassed excellence. Another word of friendly counsel. - Persevere, persevere : don't become discouraged because clients do not come flocking to your office. You will find that all things come to him that worthily waits. Try a cause involving a few dollars with the care and caution that you would bestow upon matters of greater pecuniary importance. The email case may be the vestibule to litigation of greater consequence. Let me impress upon you the great value of a good name. In other words, the value of character. Itis a capital all may acquire. No capital is more readily lost. Never do or consent to that which tends nearly or remotely to compromise your own sense of' self-respect. ïlemember there is no margin between right and wrong, truth and falsehood. What truth and hom r demands, that do and do promptly. I do not intend to imply tliat we can attain to perfection, but our witness and examplecan be alwai s in that direction. We oi'ten hear it said, it is difficult to know just what is right. That is not true. In the daily walks of life the man who is constantly finding trouble in ascertaining what common honesty requires, will on self examination learn that he has, in fact, been endeavoring to reconcile treacherous inclination with the plain rule of right; his trouble results from his inability to reconcile two things which are in tlieir very nature irreconcilable. Kemember life is serious. So treat it. I do not mean that we shall be solemn as owls, though by so doing many fools have passed current as philosophers. But in the affairs of life be serious, and candid in your intercourse witli Conlinued on 5th page. t'ni'í i wel j rom !4th pngc, your fellows. Be industrious : be températe and frugal and worídly pro.eperity will altend yon. Do not hope to have your labor done unlil age and tottering footstepscall a halt and command repose. In the battle oí lif'e, young gentlemen, each setting sun raust see sonie point of vantage lost or won. You are part of a greal, moving procession, and sustain a certain rel a ti on to the countless multitude. Theireyes are onyou. I f worn in the conflict you drop out of the ranks or turn aside but íor a moment, your place is taken ana ttie ranK closeü up, anü the service you lm ve rendered may be forgottén, being obscured by the present effort of him who has succeeded to your place. Hovv gráphically this is set forth in tlie words Shakespeare puts into the mouth oí' Ulysses in his interview with Achules, who was sulking in his tent, while the Greeks were waír ing a donbtfq.1 combat with the Trojans. Acliilles says, "What, are my deeds lörgot?" Ulysses answers : "Time hath, my lord, a Avallet at lis back, A great sized monster of ingratitude ; Those Kcraps are good deeds past, tliat are levoured, As f ast as tliey are made ; forgot as soon As done. Perseverance, dear my lord, Keeps honor bright: to have done, is to hang Quite out of fashion, like a musty mail In monumental mockery. Take the iustunt way, For honor travels in a strait so narrov,-, Where one but goes abreast; keep tRën the path, For emulation hatli a thousand sons, ïhat one by one pursue : if you give way, Or hedge aside from the direct forthnght, Like to au eiitered tide, they all rush by And leave youhindermost : - Or, like gallant horse in first rank fallen Lie there, for pavemeut to the abiect rear, Overrun and trampled on ; Then what they do ín present, Though less than yours in past, must overtop yours ; For this is like a fashionable host, That lijjhtly shakes his partiug guest by the hand, And with his arins outstretched, as he would fly, Grasps in the corner: welcome ever smiles. And farewell goes out sighing." In quoting tliis, I am only impressing upon you, the importance of tinceasing endeavor. If you would be remembered as able in council, as valiant in battle, yon must remain in the former to the end, and in the conflict as Jong as you can bear your armour. You have a thousand advantages f which we of an earlier day knew notliinar, and true it is that your competitors have like oppor tunity with yon. So in the end it will be founcl, tiiat he who has wrought best, has won most honor. Young gentlemen, I rejoice to greet you on your entrance to the ranks of your profession. I know what a healthful inllueiice you can exert in directing the curren t of' thonght to mould the poblic jud'gment. Your honored professors will watch your career with anxious interest. They feel that they in large degree have helped to prepare you for life's duties. They will hereafter, as heretofore, prove constant friènds, ready to respond with counsel and advice. Again, let me assure you, I have sincere happiness in saying to each one of you, '"welcome to the ranks of the profession," and may you prosper according to your merit.