The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1889-12-14

relative number and Importance
The consequence Is that intellectual quail
ties Of kind which In previous generations
might have insured success when professional
work was more purely technical are alone
often unsuccessful now. They are in their
place "a important rs ever. believe, too, that
the recent great advance in the methods and
extent of instruction in law schools gives ia
cilities in all those parts OF the old technical
training which are more useful than were
the facilities enjoyed by any previous gener-
alton. But after young man enjoying these
enlarged facilities has graduated with the best
technical equipment that the times require,
the question Of his success at the bar will still
depend very largely upon his business ability
in making that equipment useful to and ap-
preciated by an adequate clientage in the
business and social world about him.
Indeed under the present state Of the law,
particularly with reference to the conflict
Of legislation and judicial opinion among
our numerous states and the great multiple
cation Of reported cases, the demands upon
the technical ability Of q practitioner in re-
search and legal Judgment are greater than
they ever were before. So that | do not
undervalue the necessity Of thorough pro-
fessonal training, but it appears to me that
the principal cause Of Encouragement among
the great number Of young men who acquire
such training, and yet find themselves dis
couraged in their pursuit Of success, is in the
lack Of the practical qualifications necessary
to the successful use of what they have
learned, in community where the COMPETE
ton is so strong and some conversance with
the law so common. To this cause, of course,
are to be added the difficulty Of choosing the
| right location and many other incidental
obstacles such as in every vocation frequent
" stand between real ability and satisfactory
success.
There is another aspect of the subject
which is of vital Importance in my judy
ment The facilities for the administration
of Justice have not been increased with the
growth of the country as have those OF the
other departments Of the government. Our
| most important courts are overwhelmed and
our legislatures while expanding large sums
with very little restriction for other depart
ments, generally propose to relieve the in
crease of judicial business by restrictive
measures, excluding, for instance, causes I'M
der specified sum, instead Of increasing the
judicial force necessary. And, on the other
hand, public opinion, which demands more
speedy transaction Of judicial business, ex-
presses itself through the press in way to
compel many overburdeved courts to decide
without due deliberation.
If the courts of first instance throughout
the country were made adequate and were
allowed time to hear and determine with due
deliberation all the causes brought into them,
and the appellate courts were made adequate
to dispose promptly of all appeals, the inter-
ests Of the business community would not
hrrt hasa
facilities for the determination of contro-
versies, but tn g useful employment of attor-
neys would be proportionately increased.
JAMES G. CARTER.
James c. Carter, of the firm Of Carter q
Ledyard, is not infrequently spoken of as
'.the leader Of the New York bar" He has
never participated in politics and rarely APP
pears in court, but no member OF the profess
sion ranks higher in it. He was born at Lam
caster, Mass, Oct. q, 1897; graduated at
Harvard in 1850, and at the law school In
1853. He has been a leading opponent OF
codificaton, and a monograph from his pen,
entitled, 1.-The Codification of the Common
Law" attracted no little attention among
lawyers. Mr.. Carter was prominent mem
Der Of the commission to devise form Of
municipal government for cities OF New York
state appointed by Governor Tilden.
Said Mr.. Carter l do not know whether
the law is overcrowded or not. l do know
that there are vast number OF nominal law
yers, but whether the whole Of them are de-
pendent for their livelihood on their profess
sional work l do not know. l suppose
great number, of those who call themselves
lawyers are really engaged in other business;
or, perhaps, have competency and do not
much care for business.
The profession Of the law is broad avenue
to many other occupations and pursuits. Ii
we regard only the number q. men engaged
in the most important and lucrative law
business the profession is by no means crowd
ed. What are called leading lawyers" find
it very difficult, if not impossible, to fulfill
to their own satisfaction the engagements
they assume. Among the younger men the
case may be otherwise. 1t was SO when
was a young man. 1t was a very long time
before | had business enough to afford any
thing beyond a very moderate living.
If there is any overcrowding of the law
suppose it is attributable to the common pref
erence among young men for intellectual
over manual employments and to the splen-
dor of the prizes which it is supposed may be
won in the legal profession, without sufficient
ly considering the labors and perils which are
involved in the pursuit
Do advise young men not having special
advantages to enter upon the study Of laws
do not know precisely how much is en-
braced under the phrase Especial advan-
tages" lido not think that any greater intel
lectual ability is requisite in order to make
good lawyer and give him respectable
standing in the profession than Is necessary In
important and responsible business pursuits.
The Indispensable requisite Is the capacity
and the willingness to endure incessant and
protracted labor Unless young man pos
sesses these would not advise him to turn his
attention to the law. But if he has what are
usually considered as good abilities and the
power and determination to labor, as before
indicated, think the profession of the law
affords as fair a promise to him as most
other callings.
EDWARD BUNNELL PHELPS.