The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-07-09
BURTON SMITH, OF ATLANTA
AN INTERESTING ADDRESS BY AT
ToRNEY FROM THE SOUTH.
President Davis Reads His Annua
Address-Reports of Committees-
The Afternoon Session.

The lawyers were a little late arriving at
the Statehouse. there being many empty
seats when the session was called to order
at 1O:15 o'clock by e~x-Appellate Judge The
odore P. Davis. of this city. president of
the association. Before Judge Davis had
proceeded far with his annual address,
however, almost every seat in front of him,
and nearly all of the settees ranged along
the walls OF the auditorium were filled. A
glance over the assembly showed that the
bar OF Indiana numbers now, as always,
many jurists and lawyers Of fame and
great learning. A mere reading of the
names of those present. which will be found
elsewhere in this issue, will show the rep
resentative character of the gathering.
Among the early arrivals in the Senate
chamber was United States Senator Charles
W. Fairbanks. Senator Fairbanks was
surrounded quickly by a group of fellow
attorneys, who extended a warm greeting
He remained throughout the proceedings of
the morning. but only as an interested
listener. occupying an ~inconspicuous seat
at the right of the platform. Another lead
ing attorney who came in for a cordial re-
ception was Addison c.. Harris. ex-United
States minister TO Austria-Hungary. A
pleasing feature of the occasion was the
informality observed by the members of
the Supreme and Appellate benches Of the
State. who laid aside for the time being
their judicial dignity, and mingled frater-
nally with their associa ties in the legal pro-
feSsion.
A striking figure among the lawyers was
Burton Smith, of Atlanta, Ga, the special
orator of the meeting. Mr.. Smith is a
young man in appearance. of commanding
kAf~A zI IL
with an agreeable Southern accent and
without apparent effort. Mr.. Smith is one
OF the leading attorneys of his State, being
president Of the Georgia Bar Association.
He is a brother of Hoke Smith, President
Cleveland's secretary of the interior, and
a son-in-law of Gen. John B.. Gordon.
Waggish individuals who had in mind
the laws delays" noted with amusement
the raDidity with which the business of the
first session of the annual meeting was
transacted. Although President Davis did
o'clock, the concluding sentences of Mr..
Smiths. address had been spoken and ad-
journment taken at 11:30.
PRESIDENTS ANNUAL ADDRESS.
The annual address of President Davis.
which was first on the morning programme,
was given the closest attention. and its
timely and lofty sentiments applauded
warmly at the close. Judge Davis spoke
on UNFOLDING the Honor Of the Profess
sion" At the outset he intimated that an
excellent preliminary step TO the accom-
%plishment of this result would be for the
lawyers of Indiana to encourage the Bar
Association more than they have done in
the past. He deplored the fact that many
eminent members of the profession do not
belong 10 the association, and that others
have allowed their membership to lapse.
Judge Davis was particularly emphatic in
his declaration that attorneys should see
TO it that discreditable lawyers are not adj
mitted to the profession. He recommended
that the association Dersevere in its work
of elevating the standard of qualification
by constitutional amendment. A character
istic u%tterance of the speaker was:
IF lawyers as a class are to maintain
the leading position the profession has
held and should continue to hold in public
estimation we must see that the rank of
the profession is KEEP pure by a vigorous
unworthy of the position they hold as Of
ficers of the court. This association,
through the members thereof in the differ
ent counties in this State, has sufficient
power and influence to the de
sired result, and we owe il to ourselves and
TO the public faithfully and fearlessly to
Judge Davis spoke a strong word for the
proper enforcement of the law, and eX-
pressed his opinion Of the duty of attorneys
in this regard as follows:
1--WE owe it TO ourselves and TO the pub
lie 10 see that the laws are observed by the
high and the low. the rich and the poor.
and the Individual. The prevailing COM
mercial spirit. the desire for material pros
perity and the acquisition of wealth should
not affect our independence and usefulness
either as lawyers or citizens. The members
of the bar stand for the equal rights of all
before the law"
A portion of Judge Davis's address that
met with more than ordinarily warm APP
prevail was his denunciation of the prac-
tice among attorneys Of indulging in un-
professional conduct and language in
bend their endeavors TO the end Of increas-
ing the respect in which courts and the
laws are held by the people. He said that
this laxity of judicial procedure extends
to the administering of the oath to Jurors
and witnesses, and insisted that this cere-
mony should be conducted with the great
est care and solemnity, so as TO create the
right impression on the minds of those
who attend court.
BURTON SMITHS TALK.
The address of NJ. Smith was anticipated
with eagerness because. prob.
ably. of the odd subject chosen by the ora
tor from Georgia. why Seek Ye the Liv.
ing Among the Dead?" was the topic OF
Mr.. Smiths address. and he explained thai
this sentence is found in the Bible-Lukt
xiv. 5. The burden of Mr.. Smiths tall
was lic lCll0ElANs dAA4OAAS AADANAh law Il
| as he sees il. TO adhere too strongly TO an
cient principles and practices of the law
which. he declared. have little application
to present-day life. The speaker eulogized
the Romans, to whom he gave credit fol
originating the common law. But" SAID
he. .'of such ancient origin, modified little
except by the bold and free barbarians who
| overthrow Roman civilization, how can We
expect this old body Of rules and laws to bC
equal 10 the solution of the questions OF
today
Mr.. Smith said that not merely tn,
Younger. but the older and more eminen.
lawyers of to-day are guilty of this faul
of too greatly revering the traditions Of the
past. I'VE laugh at the American savage
said he, "or the Indian medicine man fOl
fetch worship and voodoo charms, and We
We. the lawyers OF to-day. heir OF ali age:
In the foremost files Of times. perpetual,
| day after day absurdities which. when at
tackled by cartoonists and ridiculed bl
| lampoonists. we can neither attempt I,
palliate nor deny"
Mr.. smith said that the rules OF plead
ings and methods OF practice arranged fO
ancient conditions do not at all meet tn
~exigsncies OF to-day, and yet students ar,
still set TO porting over the ancient text
books. The speaker insisted that a lawye.
should employ modern methods, just tn
same as does a mechanic. He made
strong plea for the recognition OF law al
a practical rather than an abstract science
and said that the student of the presen
hoe q q lffsla CAnrarr fp thu Mama Cborr.