Los Angeles herald., 1907-08-27
ALTON 3. PARKER OPPOSES GEN.
TRALIzATIoN
SAYS CORPORATIONS ARE AFRAID
OF LEGISLATURES
Former Nominee of Democratic Party
for Presidency Addresses Amer
lean Bar Assoclatlon-TaIks
Of National Evils

meeting of the American Bar associa-
tion, of which organization he is presi-
dent.
Problems of state and national impor-
| tance were discussed by Mr. Parker.
His address is considered mastery one.
4 In connection with the subject of fed
eral prosecution of corporations Parker
! said, as did Bryan few days ago, that
the trusts desire Capitalization Of power
| In the federal government In order that
they may escape being called to account
| by state legislatures.
| Neither we, nor the thousands of or,r
| predecessors or associates in the Ameri-
can Bar association during all the years
! OF its history, have attended its meetings
| for selfish reasons. We do not seek to
| serve here the interests of any client, nor
| do we receive fee for coming. There can
be no expectation that the information ac-
| quired will aid in the cases that are to
be showered upon us in the fulIness OF
time We know well how we shall pre-
| pare for each of those, working 1t out
| alone until it 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 cepart
| though with regret, when the session is
| over We shall carry away pleasant
memories, but we must meet elsewhere
engagements which may be professional
or which have rest and recreation for
their purpose Whatever they NAV be.
tney nave been interrupted in order to
| assure our presence at this meeting. Sac
rifices of some kind have been made bv
every lawyer who attends this annual
assembly.
What then moves us? The answer is
not far to seek. We are here because
we have ideals Each of us would Ell
evate the standard OF the profession.
strengthen the bench, make the admin
lstratlon or Justice more simple more
j rapid, more exact, not only In the state
from which he comes. but in every state
throughout the nation No one of ms
mas workable plan which comes up to
his ideals, or hopes to be able to- evolve
II. But, as In union there Is strength.
SO In multitude OF counsellors there is
WISDOM Therefore, each year finds us
coming together striving for these ideals.
each willing and anxious to do his part
1t Is well that we do so. Not all has
been accomplished that has been striven
Tor In the past. Much has been done,
| however, and greater achievement will
reward us In the years to come Only,
from the efforts of a people to attain
high Ideals can true progress result. The
boy at school may fix a higher standard
OF achievement that either health or In
tellect will permit him to reach. but he
will grow into a better, stronger and
more useful man because of his ideals
and his effort.
Have High Ideals
There is no profession, trade or busi-
ness whose members as a body have
II higher ideals than have lawyers as q
class. We cannot deny that there are
many among them with no higher aim
than mere money-making, nor can we
tl,Nk - - - i III
/ number who are so destitute of charac-
ter as to disgrace the bar. Unfortunately
this is true. But such are the minority.
The great majority are idealists who love
justice, and seek 1t not only for clients
but for society at large.
They are not mere machines selecting
and grinding out authorities by which
the courts are to be bound. For where
well-consiuered case can be found
In which the facts are identical. the law
is settled and the court has but to fol-
n low it. There is no opportunity for con-
troversy. The discussions In court are.
therefore, as rule, In cases where there
is no previous decisionl based upon pre-
cisely the same circumstances. The aim
of both court and counsel is to work
out justice in that special instance, ard.
at the same time to establish a sound
rule. To aid the court. counsel present
principles which they deem pertinent
relating thereto. This is vital because
the foundation of our unwritter law lies
in the habits and customs of the people.
''It has often and truly been said, but
never so well as in the address OF James
lC. Carter before this association, that the
Tpeople make the common law, because
we find it to spring from and rest upon
the habits, customs and thoughts of
people and from these standard of
Justice is derived by which doubtful cases
are determined. The office Of the judge
is not to make it, but to find it, and,
when 1t is found, to affix to 1t his official
mark by which 1t becomes more certainly
known and authenticated While this Is
So vet the announcement of the law
comes first from the bench. And for
the most part 1t comes only after the
court has had the benefit Of the learning
of counsel which to be comprehensive
and useful must embrace knowledge Of
the people and their customs, as well as
knowledge of principles established by
prior decisions. In this way our un-
written law, letter known as the COM
mon law, has been so developed as to
/ meet the exigencies of our wonderful
growth and expansion, and OF our COM
| plicated business and social conditions.
Judges who are inspired by the high
| est patriotism and who love justice seem
to play the leading part In this pro-
cedure, because upon the bench is
charged the DUTY OF announcing the law
and rendering judgment. 1t may well be
doubted. however, whether the public
spirit. learning and ability of counsel
contributes less than that of the court
\ toward the just settlement of a majority
| of disputes. Be that as it may. there
is no reason to doubt that our profess
| sion has contributed in q large degree
] toward that liberal measure OF justice
which we as people enjoy today.
| do not mean that the ideal has vet
been reached. Far from it. But we can
say that many long steps toward 1t
have been taken since that period In
F1ngland's history when controversies
were decided by wager Of battal.'
sMoreover. we can claim. and that. too.
| without fear OF contradiction, that our
peoples habits and customs bring the
! common law much nearer to the ideal
than the statutes made and provided 80
plentifully. The reason for this is plain.
i I,l. onr.n1,acr, law La axra rded aln11-l.- and