New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-02-23

most prominent in political and governmental
matters. This is SO because in wac sense lHe
nrofession of the law is the profession of gov
eminent, or least it Is the profession III INC
course of which agencies of the government are
always used. and in which the principles APP
piled are those which affect either the relations
between individuals the relation between me
government and individuals. and all or WhiCh
are defined by what for want Of a better term
is called municipal law II is natural that Inose
whose business it is TO eonstrue laws ana whose
profession II Is TO know what eNlstIhs % -
should lie called upon in the framing 0I rev
laws to act an important part II was a'.i oa
that the trainers of the Constitution, Whlch was
to be the fundamental law Of the land ana 10
cmbody the limitations upon the central gov
eminent deemed necessary IN FAVOR OF lhe seP-
arate states should be those who knew the laws
Of the separate states and who had the pro-
fessional capacity of drafting written laws
The creative function Of the lawyer. as dls-
tinguished from his analytical function, is 10
uut in written and legal form the intention or
the person OF persons which he wishes to MAKE
effective: if il be that of people. through me
Legislature, then in the form of'a statute; II II
he that Of an agreement Of individuals. then III
the form or a written contract; if il be the de-
sire of the Executive. then in the form OF an
Executive order. He must analyze the purpose
of those for whom he acts. ana theh De ll T
careful craftsman of the instrument Whlch SLal
correctly and truly embody that purpose mus
it has been that in all conventions IN an tsso
latIres in the great majority OF publlc olTces'
we find the lawyers to have been selected 10
carry governmental work ana thiS i,aS 10, ~
been alone due to their knowledge OF the Ia"
and their training in the drafting ana FORMING
of legal expression of the pubic Will Dul atso
in the fact that the necessities of their profes-
sion require them constantly to practise me
temporary acquisition of technical knoWledSe
of all other professions and all other businesses
in order that they may properly present IN
forensic controversies the issues involved or IN
neeotia atoms involving technical matters may De
sufficiently advised of the general principles OF
tther nrofessons and businesses to enable them
CORRECTLY TO interpret and embOdy the result or
the negotiation in language that shall express
the meaning Of the parties
THE LEGAL EXECUTIVE FACULTY.
To nut II in a different way. the business of
rbe LAWYER is not only to fight law suits, but IL
10 n fell the people who desire to accomplish
certain results how such results can legally be
accomplished and by writing and instruction TO
bring about such results under the forms Oh Jaw
| This is executive In other words. this execd-
tive faculty is a very marked necessary III !!le
successful practice of the modern lawyer WIN
him the power Of initiation and Of deFlslng me
| methods OF accomplishment are frequently the
secret of his professional success. OF course
great advocate is great lawyer In me p rest.
tation Of the case OF the cohlr go .,o+a
there is called out his power or lucld Stdte-
ment of analysis and Of forctble presentation
of the arguments in favor OF hIs tlt,,t Gu bo
great Judge is ordinarily the great anaINlst VINO
with common sense and the 9uulclaI qail,n ,i
the proper sense Of proportion "Ii'n et ttt
him TO weigh and decide in. favor OF tne peIteI
reason. But the lawyer, and especlally III III
modern lawyer. whose business is IN orgah!ZiiIs
corporations and partnerships. in the settIhs
going of enterprises has the c"unterpart .[ Ha
these functions to. perform, ana tlaI Is -
mower of initiation. Of drawing contracts ana OF
drafting statutes TO effect the purpose either OF
his client or the people. as his duty may re
POWERS FOR GOOD AND EVIL.
Now am far from being blind TO the defects
and weaknesses of the profession Of the law
~ which I once had the honor to be s member
Iau.I-ers are frequently a Conserva tive class
They adhere to the things that are simply be
cause they are. and reluctantly admit the neces-
sity for change When the business community
Yields to temptation and goes into practices that
have an evil tendency. members of the procession
are always found who. for professional com
nensation can be induced to promote the success
Of such business methods; and the comhinations
TO regulate the output and control Of prices OF
various classes Of merchandise. and 10 stihe
competition by methods which have had statu-
tory denunCiation and which II has been the
purpose of the national Administration 70 re
strain repress and stamp out, could only nave
been as powerful and successful as they have
been through the manipulation. acuteness ana
creative faculty Of members OF the legal pro-
fession. But. the other hand when statutory
reforms are to be effected. especially in bust
ness methods and by introducing limitations
upon the OF private property, so as 20 stamp
out the evil involved in combinations OF capital
and the same time not destroy that enormous
benefit inuring to the public and inSuring com
mercial progress OF such combinations the Work
of drafting the statutes and enforcing them SO
as TO secure higher and better business methods
without impaiTing the means Of business prog
ress must ultimately fall % the members o.
the legal profession 1t IS members OF mat pro
fession OF the Supreme Court who are 20 deter
mine whether such limitations are within the
constitutional power Of Congress IL Is the
members of the legal profession on the trial
courts and the supreme courts that are 10 con
strue the statutes and enforce the ultimate pen
altles for their violation. II must be not wholly
but chiefly members OF the legal profession that
shall draft the amendments to the federal and
state statutes which shall give such organiZa-
ton and efficiency 70 government machinery on
the one hand and such clear definition Of the
limitations of the combinations OF capital
the other, that shall uphold legitimate business
progress the one hand and strike down
vicious abuses the other. Hence it is that
to-day, less than at the foundation OF our
government the profession OF the law is the
most important in its relation 10 politics and
political government.
COMPARISON WITH BUSINESS MEN.
1t is said that business men have more execu-
tive capacity and being al the head OF large
dealing with large transactions and In directing
The movements Of many men. This is doubtless
true in a sense. The real executive faculty is
so rare that il makes itself conspicuous in what
ever profession business IL may appear But
L must think that the practice of the law. es-
peciaIN in what | have previously described as
the creative part Of the practice brings a law
yer into relation with other men in such n di-
recting and instructing way that he is himself
a constant cultiVator of the executive faculty
More than this business men carry on their
business according TO their own rules Great
government departments have to be carried on
under statutes and legal regulations with many
detailed sections and provisions. and every de-
partmental head must study and analvze the
statutes and regulations which control it with
care in order not to be a Violator of the law
This necessity for analysis of the rules govern
Ing the conduct of department makes its adj
ministraton much easier for lawyer than for
q business man or member Of any other pro-
fession
In what haze said I have not argued that
the lawyer is necessarily the leader in public
he is likely to Ak the standards OF public opin-
ion in a moral awakening and an uplift OF bust
ness Integrity Such leaders and opponents OF
great moral reforms are essential to our prog
ress. They come from every profession and
walk in life. They born leaders Of men .
the mercantile spirit the effect of luxurious liv-
n Ava sr1