Wausau pilot. [volume] (Wausau, Wis.) 1896-1940, 1903-09-01

tests of a lawyers integrity is in
genuousness in giving advice. The
temptation to advise i lawsuit is al
ways strong. The dollar is a powerful
magnet. The prospect of big fee has
led many a lawyer to shade the truth
just little in his opinions, and to give
a slight twist to the law which he
knew the courts would repudiate. But
no such allurements could tempt Mr.
Hardeen from the straight and narrow
path. He utilized his best knowledge,
exercised his soundest judgment and
gave honest advise whether it gained
him fee or lost him a client.
This ingenuousneSs he carried into
court. There is "a. opinion, more or
less prevalent, That he is the most
successful, the most available and
more desirable lawyer who wins the
Initial battle evec if he has to put up
an unscrupulous fight before juries and
inferior courts. That is a great, often
fatal mistake 1t might be true if there
were no appellate courts; but tempor-
airy success won through chicanery,
reacts with added disaster under the
reversal of court of last resort. The
honest lawyer recognizes this, and
none more clearly than did our late
Brother Bardeen. Courts respected
his opinions, listened attentively to his
arguments, and, if their construction
of the law differed from his, they knew
that the exposition from which they
dissented was honestly given
Mr.. Bardeen's views were broad and
enlightened as to the dignity, scope
ancs mission of his profession. In this
practice he sought to bring it mp to its
highest possibilities of usefulness and
to make it conserve the ends of Justice.
He despised all trickery His word
once given no one needed a written
stipulation.
He had little use for technicalities,
and preferred that his case should rest
upon his merits. Yet, for the sake of
right and justice, he could stand un-
f1inchingly upon his legal rights. An
instance of this is still fresh in my
memory.
In a hotly confessed trial, some
years. ago, his antagonists were sue
cessful. Mr.. Bardeen was convinced
that the Judgment was erroneous,
and, although usually philosophical
under defeat, he appeared to be dis
quieted and aggrieved by the result.
At the close OF the trial one of the
opposing attorneys asked him to
enter into a verbal agreement as to
some point, but was met with
prompt and firm though courteous
refusal, emphasized with the remark
Il shall stand on my legal rights
now" His conclusions were justified
by the result. The Judgment was
reversed on appeal.
In his character and disposition
-
The getting of wealth through any
Justice to himself and to his depend
ents requires that every man should
build up his financial fortunes by ali
honorable means. But in the learned
professions the dollar should not be the
lode star, the accumulation of wealth
should not be the primary purpose.
Venality is dangerous. 1t alloys pure
III blunts the moral percep-
tions. 1t undermines integrity. OF
course the laborer is worthy OF his hire,
the lawyer is deserving of his fee. But
the broad gauge lawyer is content that
the tee should be the incident, not the
full plan and scope of life He realizes
that his profession is or should be one
of the great forces of civilizations; that
its members should be protectors of
society, champions of the oppressed,
of the law, instruments in
the hands of justice to guard the home,
the family and the state. This does
not imply an undertaking of the value
of lawyers services. Such services,
rightly performed deserve and always
Will receive the highest remuneration. |
The wisest man who ever Spake made !
the material things of life subordinate |
to moral character and spiritual |
growth, and said to his listening dis |
ciples seek ye first the kingdom of |
God and his righteousness, and all |
these things shall be added unto you.'
One need not be strictly orthodox to |
accept that doctrine, Eager strife for
gain is not always rewarded with what |
it seeks. We have seen men, subordi |
mating all better sentiments to sordid |
ness, miss the goal, lose even the good |
they had, and, as Emerson says, the |
adventurer, after years of strife, has
nothing broader than his own shoes"
On the other hand we have seen men,
standing ever for the right, giving pre-
cedence to the higher faculties, tread |
in the path of duty, doing |
right for the sake of right, who have |
won competence without making it !
The primary object, and following this,
as free gifts of Providence, there has |
come to them 'honor, love, obedience,
troops of friends
Of this class was Charles V. Bardeen. |
No consideration could make him |
swerve from the line of duty. Few |
outside the profession realize the temp |
tations that sssail the practicing law |
yer. Opportunities for fraud with prac-
lical immunity present themselves on
syery hand. And it should be set |
down to the lasting credit of the pro-
fession that the great majority of law
yers are true to their manhood, and in |
each hour of their temptation pro-
nounce that ediet, "get thee hence,
Satan" which always gives the victory |
over the subtle tempter.
Such men as Judge Bardeen should be |
kept to the front as examples to those
Just crossing the threshold of the pro-
fession. We may mark out our own |
lines of conduct, act independently and |
fearlessly according to the wisdom and |
strength vouchsafed us, but none of US |
ean afford to disregard the precedents !
us by good men who have
gone before.
So, in bidding farewell to our de-
parted friend and brother, we do no
violence to the truth or propriety when
we hold him up as an example upon |
which young lawyers may safely model
their professional lives He labored |
and builded well. His repu-
tation extends wherever the decisions
Of one of the ablest supreme courts in
the union are quoted, and of that court |
he was one of the brightest ornaments. |
His name, his fame, his genial presence,
bis qualities of head and heart are
pleasant memories with us all. To me
It is melancholy pleasure here 20 offer
my tribute to his memory aud TO say:
Green be the turf above thee,
Friend of my better days
None knew thee but to love thee,
Nor named thee bat 70 praise.
And it is eminently fitting that we,
members of the bar he so splendidly
should thus emphasize our
grief at our own loss, while we share
with the members of the profession
the state the sorrow which
comes from the loss of useful citizen,
a genial friend, an honest man, a good