El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-05-27

him to my most ardent esteem. re-
greet to say, sir, that occasionally there
are those 10 be found in our profession
whose moral standard is such that
they adopt the rule of taking any sort
of a case or any sort of a fee. [ feel
that that is greatly to be regretted. L
am sorry that such course is some
times adopted by lawyers of ability.
That is not my idea of the profession
of the law, nor was it the idea of Major
Davis. He pursued his profession
from principle. When he commenced
the investigation of a case, and con-
tinued it, it was not for the purpose of
| distorting the law to suit the case of
his client, but it was to find out what
the law was, and if it was against him
he said so, openly and boldly, and told
his client so. Young gentlemen OF the
profession, that's the example Of a
man you should follow. 1t may &C.
casionally lose you a fee, but it will be
| better for you when you are called to
| the final bar to have it so than to have
gained fee at the expense of your
honor. | hope l will be pardoned for
stating an instance which occurred last
year, and since the health of Major
Importance in the federal court and
which he examined with a great deal
of interest. He and his partner, Capt.
| Beall, differed as to the law applicable
| to the case with reference to the doc
| trine of innocent purchaser. l happen
| ed &c step into the Office when they
were in consultation in regard to it,
and 1 was appealed to by both of them
| for my views. l listened to the case
| for some time and | agreed with Capt.
| beall, feeling great hesitancy to diff
| fer from Major Davis. l took up the
| books and examined them, and told
him still that ] agreed with Capt. Beall
because there was a statute particular
| ly applica BILE which 1 thought changed
the general doctrine of inno-
| cent purchaser. Major Davis
discussed it with his usual earnestness
| We parted without coming to any con-
| clusion, and two or three days after
| wards Major Davis came into my office
aud he said, ''SeXtQn, | believe that
you and Beall are right about that on
! account of that particular statute, but
| was right as to the general doctrine
| said, 'Of course, YOU are right
as to the general doctrine"
but that particular statute
changes that general rule" 1t was
gratifying to me ia find that after an
examination he reached the same CON-
clusion. Whether we were right or
wrong may not be known until the case
| is tried That is the character of the
what the law was. and not to see if he
could promote the cause of his client by
a false Interpretation of tine law: and [
commend to my younger brethren this
style of examination in all the cases
which it may be their good fortune to
have. l may commend the language
of the resolutions. though my name ap-
pears to them, because | was not con-
cerned in drafting them. They express
the sentiments which [ think we all
entertain of Major Davis, as we'll as
language could express them. His
public character as lawyer. his char
acter as a public man, his character as a
soldier, all pale into lnsignidcance be-
fore the great purity of his character as
a man. His grea, conception Of what
was due from one man to another,
his great conception OF the
purposes and plans and general phil
Osophy of life,-I say this was the
browning element of his character. He
would not do wrong to the humblest
creature that God ever made. He
would not do wrong to please the
greatest man that ever lived. He pur-
sued principle, clear and perfect, wher-
ever he saw it, and he generally saw it
right. He pursued it as God gave him
to see the truth, and he generally saw
the truth.
1t is profitable for us, Mr.. Chairman,
| to turn aside from the business of life
when death like this occurs. 1t is
profitable for us to consider that while
there is so much evil in the world
| there is sometimes a grand example
which our Heavenly Father gives to
encourage us to follow in the same line.
| am glad that the opportunity has
been afforded me to say these words of
Major Davis. | could say rothipg bad
of him if I talked indefinitely: l could
| say nothing but good of him in every
particular.
| His death in another aspect is Pc
| culiar warning to me. | have partici-
pated in very many of these memorial
| occasions of my brethren Of the bar.
| Most Of my contemporaries have gone
| before. Major Davis was young man:
| it was not old age that carried him
| away: he is a younger mat than | am
considerably. | cannot but ask the
question, when will my turn come?
| When my summons comes
| "To join thu iuuumerable caravan,
which moves
To that mysterious re aim, where each
| shall take
His chamber in the silent halls of
deith,''
| May | be as ready and prepared to
memory this day we join in praising.
| MIR. LEIGH CLARK,
spoke as follows:
not be doing my duty if | were to allow
something in reference to the death of
| Major Davis. | believe that [ utter
truth when | say that the life and