Evening star., 1896-10-09
BOTH GOOD LAWYERS
Legal requirements Of the Two
Leading Presidential Candidates.
M'KINLEY AND BRYAN BEFORE THE BAR
Some Cases in Which Each Has
Won Distinction.
THEIR EQUIPMENT COMPARED
A. Oakley Hall in The Green Bag.

A. Oakley Hall in The Green Bag.
Presidents Washington, Harrison the
first, Taylor and Andrew johnson were
the only ones who filled the national ex-
ecutivs chair who were not lawyers. Ten
Of these Observation-Disclosures, Van Bu-
rem. Fillmore, Pierce. Lincoln. Hayes. Gar
field. Arthur, Cleveland and Harrison the
second-attained legal eminence irrespec-
tive of political preferment. And whoso-
ever of the nov contending candidates
shall be- elected. such legal succession will
be continued.
OF the two contestants. VIM. Mckinley
has professional seniority with admission
to the Ohio bar in 1867; while the other
William did not reach the Illinois bar un-
Ill 1888. The one has always confined his
law Office to Ohio; but the other removed
to Nebraska. where the greater part Of
his professional life has been passed. Coun-
sellor Mckinley had his early schooling
at the academy in the village OF Poland.
In his native Ohio: and next entered the
Meadville College-also the while teaching
dreds Of other collegians Of the time QS6D.
his patriotism volunteered him to the tent
ed Union field as private soldier before
he had attained his majority. Pleasantly
coincident with this service it was that
10th Of the after President, Hayes and
Garfield. were officers in the Ohio regi-
nlent to which he belonged, together with
Stanley Mathe VS.. afterward judge of the
federal Supreme Court BY successive pro,
motions he reached the rank Of major: and
was for a time staff officer with Major
General Hancock an afterward defeated
candidate for the presidency.
When peace ersl ed Major Mckinley was
pressed to remain in the regular army with
promotion, but his yearning was toward
legal science. H therefore took private
law studies under Judge Charles T.. Glidden
celebrated Albany Law School During tenn
porary residence in the capital Of New
York state, he there enjoyed attendance
upon the illustrious bar OF the New York
court of appeals. Armed with his legal
degree he was attracted from his youthful
surroundings Of locality to the city Of Can
ton, because his sister was then q teacher
there, and when formally admitted to the
Ohio bar he there opened a law offi..e. His
early cleverness as lawyer can be best
proved by the fact that in two yelrs after
admission he was elected prosecuting off,
Ger OF the county; and soon obtained part
nership with Geo. w. Belden. then federal
district attorney for the Ohio district The
request for alliance came from Mr.. Belden,
who one evening discovered an unexpected
engagement for the following morning
which would prevent his trying jury case
appointed for the same time. Young Nc
kinley had already received Mr.. Belden' 8
interested legal notice, and the latter there
lore In the emergency selected the young
ster to take his place at nisi prius for the
occasion. Being much hurried, the elder
lawyer brusQuely entered the yo ing mans s
ONCE threw the papers Of the coming case
on the table. with the observati ions. "a
case OF mine for you to try. as am called
away; the papers will give you full in
structions." and then left Mckinley to his
cogitations. The surprised young attorney
instantly addressed himself to diiigent
On the next morning arose refreshed by
honest sleep to the task. The Belden en-
gagement elsewhere. however, .apsed. and
the oid lawyer, returning to the court took
seat among the spectators in the rear
and quietly watched the progress of his
understudy and substitute. The result
proved 80 satisfactory that immedia ELY the
elder offered the Junior partnership.
Mhiie a prosecutor. Mckinley was the
true judge advocate. never changing his
cmcial title into the private ono Of perse-
cutor-that so often appertains by tempta-
tons to trlumphs to the young prosecutor
OF tne peoples pleas-and properly tenn
pering the justice of the case with mercy
FOR the foregoing Belden anecdote 1 am
indebted to the manuscript notes of VIM
Il Day. senior member Of the great law
hrm hr IN Canton of Day. Lynch & Day. who
mas prepared for publication a charming
sketch of his legal and political neighbor.
Also for the following incident:
Young Mckinley was defending a medi-
ca client sued for alleged m upractice in
setting broken leg. 1t was suspected,
without means Of proof being provided,
tnat the claim was what in the legal slang
OF corporation damage suits is called "a
rake snap. The plaintiffs counsel had
ocularly exposed the mis- or mal-practiced
leg to the jury and oracularly showed the
nodes which were the alleged palpable evil
dences OF the want Of medical skill, when
Mcklniey-who has been many times re-
marked for skilful use Of the reductio ad
absurdum, exclaimed as the plaintiff was
restoring the clothing Of the limb. "Now
let US see your other leg" Which, after
x very excusable objections as to policy from
hibft-which proved to have been duIy
marked with India ink-showed the same
nodes that were upon the other leg: and
proved that; as Mckinley wittily remark
ed. 1t was Dame Nature and not the Sir
John or surgeon-for Mckinley does not
disda1n pun-who had been guilty Of mall
practice The case came under what jur-
lists term fraud. patent as we'll as latent,
and Mckinley won. to the applause of a
crowded court room. 1t was early remark
ed Of Mckinley. the lawyer, that he never
took things for granted. and always thor
oughiy prepared his evidence, logically
marshaled his facts as well as the noints
OF an argument In banco and usually led
to climax. He never slurred IAN easy
case, but gave to 1T the same attention
that belonged to difficult or desperate con-
tentions. He early excelled in oratory. and
this excellence it was that attracted to him
the attention of political leaders
His seven terms in Congress- beginning
Win tne administration OF President HAYES
IN 1876 and lasting over a dozen years.
together with his election as governor Of
Ohio, have become matters of history easily
to be conned elsewhere
While in the national legislature his legal
attalnments came into serviceable play as a
member Of the committees on the revision
OF laws of judiciary. While governor he
was more addicted to being his own legal
adviser than to depending upon his attor-
ney general for counsel: and doubtless
the latter never thought of applying to his
gubernatorial superior the stale saying
touching client and fool.
"Confond the President" once said At
torney General Bates. according to Wash
ington gossip in civil war time Lincoln is
SO excellent a lawyer under the maxim
eadem ratio ibidem lex, that he is apt to
advise himself off-hand in matters that
appertain to the Department Of Justice and
not call for my official opinion" Which
is a parallel case with that of Governor
Mckinley and the Ohio attorney general.
While Lawyer Mckinley was in Congress
Its now venerable librarian often found him
| In the section Of the Congressional Library
devoted to Jurisprudence consulting author
tiles. 1t had been remarked by lawyers
and judges Of the Ohio courts that, 'ff Nc
Kinley stated proposition 1t was difficult
to gainsay 1t, SO thorough had been his ex-
eminations, and so ethically accurate were
his comments." He had several times In
arguments quoted Edward Burke In his