The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-08-03
PLEA FOR VALUATION 1. | / | |.
OF FACTS.
CONTINUED from First Page.)

compared with legal points or ora tio tl
Of affairs was ol,en sas ana
FTests w Were {fe At 's VIII nferenee
Or despised as beneath the consld ton o.
Of a gentleman at the bar the result .s,. y, ~ %
incident to the contest Practical affairs
we're often lost sight of in flights; of elo-
dgeee no, ts soeasa 0 When
wealth, two Of the most distinguished, Of !!
aWya ns ,nte assussaln e
verse views, as a Quixotic paIson:"
the 5 copnSa4so ad ad
said he was long and lank like the Don,
rode 4 a lean horse like Rosnante, and
most remarkable Of all. like the famous lc
knight, he was spending his 5,me I shs''s
"To illustrate furtherI have seen two y
conveyances of property, of large value
for that period Whieh w Ssest dr ANY, most nSs
distinguished Of our ante-belum lawyers,
men whom we revere and at whose feet
Ewo have been sitting for years and az
NOW NOW s set ae ad az 81 IN Intelligent bust
ness man. and II drawn bySn law stn-
dent would bar his gradual lon rom
respectable law school, and MS Srlghtltt 70
Mr.. Hamilton pointed out plainly ana
In a highly interesting way, the changes
that conditions In Virginia nave under-
gone and continued: Ss
The capacity to recognize and value fae t
is essential to a successful lawyer without
1t theories OF law nre worse than worth.
less. II we are to value facts .we must APP
ipferiate what they nre. ~ sufficient definition
is, "a fact is n real state OF things. as
distinguished from statement or y elieIs
IAN actual physical or MENTAL event or exist
ence. as distinguished from legal EFF ect or
consequences. ~ 35g5s en- ,5S 4 . (,
scientific progress; atliet ..the basis Of all
scientific explanation CONSISTS In assin11latings
a. fact to some other IA facts SO also,
ton OF facts" Facts are stubborn things;
usually IN themselves dull. stupid. dry. and
unnttracfive, and there Is In I them nothing
the cultured mind We assume, without rea.
son, that any one can find out a fact and
appreciate It. lawyers nonsst whom ! must
be permitted hers to. include the Judges
are singularly ndsposed to give lnhor to The
ascerthtnmont OF facts. Theories capt ivate.
facts bore: hence we cultivate theories and
neglect facts s r. tsss 553s 6 iss E53
3 Have5swe not seen the lawyer devote him.
self for hours or days to the learning sof
the books on the mat ter he supposes he has
ton. settled by local statute or that he wac
ignorant of the facts? Have we not Oft en- seen
this shown in trials in nisi prius courts when
a case deliberately prepared as to the theory
utterly breaks down upon the facts And have
We not. sometimes, at least. read with avidlty
a learned lucid and luminous opinion OF n
court so stating The facts OF the cause that
counsel on both sides fail to recognize them,
and end the reading with a. distinct sense Of
disappointment that the facts OF the case, as
they think, were either not read. or not
carefully considered. or practically ignored?
TO the Vanquished, this process suggests the
Idea OF a treatise which might 4 be en- tiled
."Judicials Opinions Made Easy. Z while the
victor. propitated by success, feels surprise
that he saw 50 much difficulty and doubt
In so plain matter. "
These suggestions do not, OF course apply
to our courts and whether the failure to
know and value the facts in such case is at
to counsel or judge, YOU must de-
upon the knowledge and Just valuation of the
facts. not only by court, but counsel also.
II have heard It stated by men who are
experts in certain lines Of modern business
activity, that many OF the worst decisions
unjust to ltignnts and unfortunate for com
munities and people. are attributable to the
and value Of the facts. and their nseauent
Inability to place the court In a posi- tions to
decide the cause properly. lss 5lS33 u AZ III l ~
Not Lower Mental Standard
Mr. Hamilton said in conclusion:
$50 see no OCCASION therefore. to fear a de
in our mental standard because we
fortify st by greater knowledge; knowledge i
builds up and strengthens; It does not weaken
the wind or lower the tone. In this country
the lawyer is both barrister and attorneys;
We cannot BIO efficient If we neglect the work
OF thei attorney and unduly5 exalt that OF the
greater thought and attention to facts Will
make MS more sordld, mere money get ters.
less high in: our :, aspirations think this
vision or a juscr idea OF the relation of
facts lower tho tone Or quality OF morals or
mind, George Meredith. In his introduction
Gordon, a daughter of John Austin. and al
most as remarkable for strong and refined
thought az her father speaking Of her. says:
Moreover she distrusted eloquence, par |
forensic. literary: thinking that
the plain facts are the persuasive speak
In n good cause, and that rhetoric is to ba
suspected MS the flourish over weak one"
q obselwa lion, not only In Virginia, but in
the great mnrts OF trade, where facts are
carefully considered by tho bar, shows that
the well known experience prcyais. namely,
that successful lawyers rarely earn more than
enough to live well. educate their children,
and die poor, 81 Quoting from an old writer
! may add: .'Notone class OF men in proper
ton to their talent, their labor and their
effort, arc !. 50 poorly paid as professional
know Of any business which, 1 would not
rather undertake as a means byswhIch to oh
tain II, than eithersof tha professions in this
country. 5Is. i .a5sf a a. N
/ 70 know our facts better and TO value them
Justly Is necessary 10 preserve cydil Qnr pres
ent nleasro subsistence VIVA. 'sl,sllfbe daue
ana more thorough education, particularly In
The physical sciences. az preliminary to tho
study OF tho law; study people md things
more The gods sell everything good for
labor al 35, y % no 80
4 There was hearty applause at tho con-
clpsion Of the reading. or Mr.. Hamilton's
paper. and In the midst Of it the mem
hers began coming forward and con graf
the president of tho association 4
upon the. wisdom and the appropriateness
of the views he had expressed
Condition Of the Association.
tees and reports of committees were res
celvcd. Mr.. Eugene 6. AIassle, !. Of Rich.
association reported 4 he present mem ber-
ship of tho association rs 500 OF this
tifty.eisht were honorary mem
bsrs, leaving AN I, as, Ven membership Of
admission. The report shows that there
is balance, In the treasury OF $3s916 4
The association, says. the report Is In i
sound financial condition.
The report OF the Executive Committees
read by the chairman. Mr.. A. w, Pat
terson, Of Richmond, recommended an
amendment to article seven OF the consti-
tuition SO as 70 give the committee more
latitude in the selection of d date for tho
cnp,,.ptton THE COMMIT III "a lie q nv &c an