Morning journal and courier., 1893-06-28

stance. For every failure there Is always
some reason for which the profession Is not |
chsrgeable. "The fault is not in our stars,
but In ourselves" And, mark you, want |
of natural ability Is least frequently the |
cause.
The profession of the law they may tell |
you is crowded, and this is undoubtedly |
so, but there has always been room, and
there is room still, not only at the top, but
in every part of 1t, for the upright, the
patient and faithful.
A poor Office location at the start may
hinder success, but it cannot control 1t.
Earnest and habitual study in the begin
ming will constitute more than money to
ultimate success
have sometimes thought that it would
be well for the bar If full admissions vera
not granted until over two years after en-
trance, and until an advanced examination
was creditably passed by legal apprentices.
ssThe lswis lucrative occupation" The
speaker illustrated this by instances of
very large fees and retainers in these days
of big corporations and vast combinations
of business interests.
Retainers and fees have taken the place,
in this practical age, of honorariums and
gifts, and the change has neither lowered
the standard nor lessened the influence or
usefulness of the legal profession, nor is
there any reason why 1t should. "The
laborer is worthy of his hire" The law
yer of one talent, as well as his brother of
ten, can serve his profession and take care
of himself, If he does the best that he can
| with the talent he has.
There is no position in the affairs of the
world of more responsibility and influence
than that of state or federal judge, and
| judges are lawyers promoted. Besides the
distinctions 1t has of its own, the law Is
1 81 faI 70 tote uhf In hot no
profession has always been wide open
avenue to political preferment, and 1t has
always enjoyed the highest places of
power In the administration of govern
ment.
Our profession Ia just, too, as well as
generous; its emoluments and honors are
gained by merit and not by favor.
A quaok or pretender may strut in bor-
| rowed plumes and thrive for long time
in other callings of life, but in the law it
| Ia otherwise, and is not thea reason appar-
| alone, the doctor has ususlly sole charge
of his patient, but the lawyer has always
to confront an opponent
The profession grants nothing without
consideration. Quid pro quo is Its motto,
and uncessing labor its requirement.
The subjects which engage the lawyer
are not the same now as formerly. Then
real property was sill powerful and per-
sonal property was Of little value, and of
still lees influence. Then the legal pro-
fession, except as 1t was employed on Grim
inal cases and in protecting the liberty Of
the person, was absorbed in the dry as dust
pursuit of real estate intricacies, subtleties
and definements But within the memory
of some of US here, all this has greatly
changed. Personal property has risen to
greater Importance than real estate. Real
estate suits have become comparatively
rare and unimportant, while suits on con-
tracts, franchises and the bonds and stock
of corporations, now command the atten-
ton of our leading lawyers and our highest
courts.
Formerly litigation was the principal
and profitable occupation of the lawyer,
and when this was so he had usually ample
leisure to prepare himself, during vaca'
tions, for the labor of term time, but az
litigation has declined, and counsel work
has grown in Importance, he must always
bs on the alert. for he is always under fire.
He has not only to keep frssh in mind the
fundamental principles of his science, but
he must keep abreast of the law as judges
announce it from day to day, that he may
from day to day be able to act upon it.
| Now great enterprises and operations ic
transportation, commerce and manufactur.
ing are carried on, not as formerly, by in
dividuals and partnerships, but by comb
| nations, trusts and corporations, and this
revolution in the mode of doing business
has not only changed the occupation but
it has enlarged the Jurisdiction as well as
| the usefulness of the lawyer. The demand
for his talent, especially in great business
l centers, now comes from the room of the
| directors as often as from the court room
But now lawyers are becoming directors
as well as advisers of great business under
takings. Their judgment as to the com
mercial as well as legal problems Is sought
and valued.
Integrity, learning and unceasing indus
try, loyalty to clients and to associates
too, the ancient requirements, are still the
only sources of his infuene, and power
While the lawyer must know more about
l business, he must not know less about law
| while he must be moro at ease among di
rectors, he must not be less effective In
court.
And in this connection it is especially
observable that the proportion of contest
| ed matters with which lawyers have &c
deal, and which are ended in negotiation
and do not reach judgment, are now
greater than ever before, and the better
the lawyers the larger the proportion.
And this growing tendency to compromise
and amicably settle disputes is, it is be-
Ieved, in great measure due to tbs re-
form in our methods of pleading to which
I have just alluded.
To be in harmony with the prevailing
business spirit Of to day the lawyer must
be learned, acute and practioal-but above
all, practical. He must direct his learning
and philosophy to actual issues.
As criminal law usually engages the
earliest attention of the lawyer, few
words in regard to 1t may be of some In
terest. Such practice, especially in the
beginning, though 1t may not be lucrative,
is likely to be helpful. 1t will enable you
to acquire an ease in court, familiarity in
the examination and CROSS examination of
witnesses, readiness in the argument of in
terlooutory questions, and fiuency in ad-
dressing jury. But do not hesitate, out
of an 1iety for your general success in Law
business, to advise you against oourting
such practice or seeking to establish epe-
cial reputation as a criminal lawyer.
But as criminal business will probably
be some part of your occupation, let me
call your attention to an important phase
of it. 1t is a question of ethics how far a
lawyer is justified in defending q party
whom he knows to be guilty, but this ques-
ton do not propose to discuss. desire
only to advise you always to assume your
clients innocence, and on that pleasing
assumption to do the best you can. know
of a lawyer who tried the other method.
He appeared many years ago, soon after
his admission to the bar, for a party
charged with capital crime. The
defense was an abb, and the defense
WAS proven as clearly, If possible, as a
proposition in Euclid, and by testimony
of the most unimpeachable character But
before the verdict, the prisoner, unable to
resist the lawyers opportunities, prompted
altogether by curiosity, told him the truth.
The alibi was a mistake mistaken iCsntf-
ty of time. The confession startled the
lawyer, but it did not affect the result.
He remained at his post as he should, the
prisoner was acquitted, and went free, but
the lawyer never after that cared to add to
the wear and tear of his mind and CON-
science the confession of a client charged
with commission of crime; the legal pre-
sumption In favor of the accused was
always afterwards sufficient for him.
WINS THE TOWNSEND PRIZE.
After Mr.. Waller had finished speaking
Hon, Chaulton J. Lewis L. L. D., '53, of
New York city, announced Wilfred II.
H. e