Evening star., 1896-10-09

Congressmen, he declined practice in pen
Son cases and before the Court of Claims
as also did Congressman Bryan, because
each was unwilling to incur the suspicion
through counsel fees And both declined to
follow the example of some other of their
Fellow members who would appear as pri-
yate counsel before committees Of the
OF the government. Any shrewd outside
observer Of congressional, life in Washing
ton knows that the feed lObbyist Is not al
ways. as the name strictly implies. men,
Der of lobby or cloak room.only
There was an appreciable difference be-
tween the legal beginnings Of the two po-
ltical competitors; for NE. Mckinley COM
meneed his studies and his practice in a
iocaHty Where he was not only known, but
had become more or less noted and popu-
lar as victorious soldier of the army.
Although Mr.. Bryan had begun practice at
Jacksonville, ILL.,. where he made an early
marriage with an accomplished lady, who
also obtained a legal diploma, and became
MS legal helpmeet as well as maritally, he
sought as permanent home the growing
city OF Lincoln, where, an utter stranger,
ne Joined the Nebraska bar. How well his
associate students at the Union College Of
Law of Chicago. where he had received an
LIB, remembered his scholarship will ap-
pear from the following testimonial. and
congratulatory letter which within a few
days after his nomination they addressed
to him. and which bears the signatures of
Frederick M. Williams, Frank A. Smith,
Frank Hall Childs. A. E. Case. ]. Willard
Marka, w. H. Pope Alfred E. Holt, Louis
z. Holland. Thomas w. Prindeville, Morris
P. Trainor. John H. Rollins, Grose Hall,
Q. P. Seward. ]. H. Chamberlain and Tay-
LOT y. Browne. who are all now Chicago
practitioners:
I'VE, the undersigned members Of the
class of 'S3, IN the Union College of Law,
who now reside at Chicago prompted by
1raternal spirit arising from our college
associations with yourself and from q Just
pride In your splendid achievement, write
without regard to political Affiliations or
Individual views on pending political issues
in this expression Of our high apprecia-
tion of your fidelity to your honest convic-
tions, and the manly qualities that have en-
abled you to so effectively carve out of the
course Of events the position before the
American people you have the distinction
to occupy. AS a class recognizing-from
the inception OF our acquaintance and as
ISOLATION with you to the termination of
our college course-your transcendent quail
fications for public life; and as attentive OBJ
servers OF your progress since the termina-
tlon or that course, we write in extending
to you our hearty congratulations, believing
you Will prove the able and sincere ex-
ponent Of the principles of which you are
now the chief representative"
Young Bryan's first case was at Jack
sonville before a justice Of the peace, for
the collection Of an assumpsit debt Of $44,
with ratio in interest and costs to his
fee Of sixteen dollars to one. His progress
at the Lincoln bar was tedious, for it had
meritorious and older members. His first
case there was in the Christmas week Of
1857. with plant for an Injunction. An
other suit of similar chancery character
IN the ensuing spring brought him addi-
tional notoriety, but 1t was not until 1889
that he can be said to have successfully
attacked the bandaged vision of Themis
Then he championed damage suit be-
q fIr fnp TIT,
the Chicago, Burlington and Quincy rail-
road. wherein he succeeded against q
strong array OF counsel. His practice be-
gan to be varied in character. He won sue
cessively divorce suit. a mandamus ac-
tion and was chosen standing attorney for
local manufacturing corporation. His
divorce suit became noted from the large
allmony that he obtained for his client
Mrs. Matte Herrick.
He had now associated with himself
X. talbot. ESQ.,, and later the firm became
Talbot. Bryan & Allen. How promising
and profitable had been their business ap-
pears from q suit brought by 1t In 1891, to
obtain $4,000 counsel fees from an un-
grateful client. In the same year against
ODDS he excited attention by an action for
insurance moneys against Ithe German
american insurance Company: in which
that corporation, without success appeal-
ed from the 5000 verdict Mr.. Bryan had
obtained. He appears to have been, as the
calendars OF the supreme court of Nebraska
snow. the favorfte counsel often employed
against the Chicago, Burlington and Quincy
railway. and also the Chicago Rock Is
land and Pacific Railroad Co, because he
hao become recognized as a serytceably
persuasive and oratorical advocate before
Jur1es. especially in cases where sympathy
Tor an injured plaintiff existed He had a
magnetic presence and address. like Me-
kinley, nor did either disclaim a liberal
use OF tropes and figures Yonr western
jury cares more for oratory than an east
Like Lawyer Mckinley. Lawyer Bryan soon
attracted political attention, and was sent
10 congress. where both crossed forensic
swords-the one being as may he said
counsel for the plaintiff protective tariff
against the other as counsel for defendant
revenue tartn, although Congressional Rec
crds show that on currency question
wherein now they are retained by their
parties against each other-their opinions
sometimes retained them on the same side
Mr. Mckinley equally with Mr.. Bryan ex-
caIled In oratory, although when at the bar
lawyer mckinley preferred logical force to
nor1dity. Mr.. Mckinley had the advantage
of age and experience, but Mr. Bryan held
the confidence of youth, and il ever taunt-
ed with being a boy orator. doubtless he
tnought OF the celebrated speech Of Lord
chancellor ThurlOw, when taunted by the
Duke Of Grafton in the house of lords with
his youthfulness. That speech began-a fa-
vorite with schoolboys on speech days
MY lords, the atrocious crime Of being a
yooi6 StC Neither mckinley nor
Bryan. as 1t has been remarked by their
associates ever lost the pose and manner
which every lawyer legislator seems to
have whenever addressing House or SEN
ate, as being the pose and manner of ad-
dressing jury-the pose somewhat satir-
lied by Dickens in the sentence, Bar, with
his jury droop and eyeglass," and for
which the late Roscoe Conkling was noted
both in court room and Senate chamber.
Beth orators were always In demand en-
patriotic public celebrations, either in the
western or middle states. Notably among
these was an Grafton delivered by Mr.
Mckinley at the Metropolitan Opera House
on the evening of May 80, 1889, before
mass meeting Of delegations Of the Grand
Army Of the Republic, the announced
subject, the American Volunteer" and at
which veterans of the New York bar large
ly sought admittance. Both Mr.. McKin-
ley and Mr.. Bryan are noted for the utter
ance of clever epigrams and laconic say
ings even in legal arguments, and It would
be difficult for an expert critic to decide
on this head a superiority.
What may be termed Mr.. Bryan's star
law case will be found in the 156th volume
of United States reports at page 335, In
Cornell VS.. Smiley, a peculiar case, elu-
cidated by the opinion of Chief Justice
Fuller in favor Of Mr.. Bryans client as
aDDellee. The lat had bep,In In tho