Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-08-27
discusses Question in Address
AS President of the Amer
lean Bar Assn.
CONGRESS- POWERS LIMITED.
Thew Are Confined to Those Spe-
officially Granted by the
Constitution.
Has no Right TO Control Manufactnr-
ers--United States is a Government
OF Enumerated Powers.

r,s,,,ond Me. Aug, 26.--The thir-
b,ieth annual meeting of the America"
Par association OPENED TO-DAY i"o
erndyed delegates have arrived ana as
,nsnv more are expected by tomorrow
r,he hall was well filed when Prest'
,lton y. Parker called the association
10 order. The important feature VIII
no a report by the committee on life
Insurance legislation, which VIII be
made tomorrow.
chief Justice Moy of the Maine SUI
nreme court extended the state bars
welcome.
PRIEST. PARKER'S ADDRESS.
Prest. Parker was loudly applauded
which was as follows:
Neither we, nor the thousands of our
predecessors or associates in the Ameri-
can Bar association during all the years
of its history. have attended its meet
ings for selfish reasons. We do not seek
to serve here the interests of any
client nor do we receive fee for COM
ing. There can be no expectation that
the information acquired Will aid in the
cases that are to be showered upon us
IN the fullness of time. We know well
how we shall prepare for each of those.
j working 1t out alone until IL has been
mastered in every detail OF fact and In
every proposition of law.
Nor do we come for recreation De-
lightful as Portland is, hospitable as
are her people. warm-hearted as is their
greeting. we shall nevertheless depart,
though with regret, when the session is
over We shall carry away pleasant
Elnemories. but we must meet elsewhere
engagements which may be profession
AL or which have rest and recreation
4 for their purpose Whatever they may
I be, they have been interrupted in order
4 TO assure our presence at this meeting.
Sacrifices of some kind have been made
by every lawyer who attends this an
nual assembly.
\ MOVED BY IDEALS.
4 What then moves us? The answer is
not far to seek. We are here because
4 we have ideals Each of us would ele-
vate the standard of the profession,
strengthen the bench. make the admin
n lstration of justice more simple more
n rapid, more exact. not only in the state
from which he comes, but in every
state throughout the nation. No one
uf us has workable plan which comes
up to his ideals, or hopes TO be able to
evolve IL. But, as in union there is
strength, so in a multitude of coun-
selors there is wisdom, Therefore, each
year finds us coming together striving
n for these ideals. each willing and anx-
ious to do his part.
It IS well that we do so. Not all has
been accomplished that has been striVen
II for In the past. Much has been done,
q however and greater achievement will
Il reward us in the years to come. Only
81 from the efforts of a people to attain
u high ideals can true progress result.
n The boy at school may fix higher
a standard of achievement than either
a health or intellect will permit him to
"A reach, but he will grow into better,
stronger and more useful man be-
Il cause of his ideals and his effort
n There is no profession. trade or bust
II ness whose members as n body have
higher ideals than have lawyers as
class. We cannot deny that there are
many among them with no higher aim
II than mere money-Inaking, nor can we
n saw that there are not considerable
n number who are so destitute of charac-
q Ter as to disgrace tho bar. Unfortu-
" nately this is true. But such are the
N minority. The great majority are ideal
ISIS who love Justice and seek 1t not
only for clients but for society at large,
They are not mere machines select
Ing and grinding out authorities by
which the courts are to be bound. For
where a well-considered case can be
found In which the facts are Identical.
the law Is settled and the court has
but 10 follow II. There Is no oppor-
tunity for controversy. The discus
sions in court are. therefore. as
rule, in cases where there Is no pre-
yious decision based upon precisely the
same circumstances. The aim of both
court ana counsel is to work out JUS
tioe in that special instance, and. at
the same time. to establish a sound
rule. To aid the court. counsel pres
ent principles which they deem per-
tinent ana emphasize the custom Of
the people relating thereto. This Is
vital because the foundation of our
unwrltten law lies In the habits and
customs OF the people,
THE COMMON LAW.
It has often and truly been said.
but mover so well as in the address Of
James c. Carter before this associa-
ton. that the people make the COM
n mon law, because "we find II 10 spring
from and rest upon the habits, GUS
n toms ana thoughts OF a people. and
from these standard OF justice IL de-
rived By which doubtful cases are de-
A termlned. Tho office of the Judge IS
not TO make 1t. but 10 find II, and,
4 when Il is found. TO afflx to II his
n official mark b." which II becomes
mere certainly known and authentic
n 7ptPd" While this is so. yet the an
lotRcoment Of the law comes first
nom the bench. And for the most
lhrt } comes only after the court has
had he benefit OF the learning OF
eonnse which 20 be comprehensive
ana uTul must embrace knowledge
oI INC (eople ana their customs. az
ven ,ii Nowledge Of principles estab-
lFled plprlor decisions, In this way
our unNltten law, better known as
the comIpn law. has been so devel-
opeh az tAmcet the cxigencieS Of our
wonaeriulfrowth and expansion, and
OF our coRlicated btisinssa a nd ,,ocisi
conditionsA
Judges wb are ingnired nv tbc hicb.
esl pnirlplp and who lovo Justice
seem 10 pld the leading mart in ms
PROCEDURE Pause upon the bench Is
shhfsed theputy OF announcing the
WW ana lenfing Judgment lt may
ven re npupY, however. whether tn
public spirit Warming and ability a.
counsel eontnutes less than that OF
49, 49,