The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-02-23
THE SALT LAKE HERALD: TUESDAY, FEBRUARY % 1909

ness methods, and the combinations to
regulate the output and control OF prices
Of various classes of merchandise. and to
stifie competition by methods which have
had statutory denuEciation. and which t
has been the purpose of the national ad-
ministration to restrain, fepress AMI
stamp out, could only have been as pow
erful and successful as they have been
through the manipulation, acuteness and
creative faculty Of members of the legal
profession; but. on the other hand, when
statutory reforms are to be effective,
especially in business methods and by in
Producing limitations upon the us OF Drl-
vatt property. so as to stamp out the evil
involved in combinations of capital, and
al the same time not destrSY that enOrm-
Gus benefit inuring to the public and in
suring commercial progress OF such COM
binationS, the work Of drafting the stat
utes and enforcing them, so as to secure
higher and better business methods with
out impairing the means of business prog
ress. must ultimately fall to the members
of the legal profession. 1t is members OF
that profession OF the supreme court VINO
are to determine whistler such limitations
are within the constitutional power OF
congress. It Is the members of the legal
profession on the trial courts ana the SUI
preme courts that are to cOnstrue Il g
statutes and enforce the ultimate pSnaiti :
for their violation. 1t must be, not who'll
iy. but chiefly. members of the legal pro-
fession that shall draft the amendments
to the federal aud state statutes which
shall give such Organization and efficiency
to government machinery on the one hard
and such clear definition OF the limitd
lions of the combinations of capital on
the other. that shall uphold legitimate
business progress on the one hand and
strike down vicious abuses on the other
Hence it is that today, no less than at the
foundation of our government the pro-
fession of the law is The most important
in its relation to politics and political gov
eminent.
The Executive Faculty.
I. l. ssfd +b.f br,si,esg man have more
executive capacity, and being ar the head
of large business concerns have had more
experience in dealing with large transac-
tons and in directing the movements OF
many men, This is doubtless true In
sense. The real executive faculty is so rare
that ii makes itself conspicuous in what
ever profession or business it may appear.
But / must think that the practice of the
law, especially in what / have previously
described as the creative part Of the prac-
tice, brings d lawyer into relation with
other men in such a directing and in
structing way that he is himself con-
slant 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 sec
tons and provisions, ana every depart
mental head must study and anaiyze the
statutes and regulations which control II
with care in order not to be a viOlatOT Of
the law. II1iS necessity IOf ana SIS VI lltt
rules governing the conduct Of a depart
ment makes its administration much cas-
Ter for a lawyer than for business man
or a member of any other profession
Need of the Lawyers.
In what / have said have not argued
that the lawyer is necessarily the leader
in public opinion, the exponent Of great re-
form, OF that he is likely to fix the stand
ards of puoic opinion in moral awaken
inc nd pf business integrity.
Such leaders and opponents Of great NOR
al reforms are essential to our progress.
They come from every profession and
walk in life. They are born leaders of
men, The mercantile spirit, the effect
of luxurious living, the greed Of financial
power, the inertia produced by present
comfort, all have a tendency to blind us
to abuses and evils that creep into our
business, governmental and social life, and
il needs some great strong, courageous
spirit to point not in too delicate color and
with no fear of hurting peoples feelings,
the truth, and to stir up the people to de-
mand in tones that cannot be denied re
form of the abuses. After It is settled by
popular decree such reforms must take
place. il is for the members of the legal
profession, clearly advised as TO the neces-
stiles of the case, having nice and accu-
rate knowledge of the operation of pro-
posed statutes and clearly peTceiving the
practical difficulties in their enforcement
which must be Obviated by special pro-
NlS1O0s
ing such reforms permanent and effec-
tive.
Tribute to Washington.
National exigency seems to call forth,
as if by aid of special providence the
men peculiarly fitted to meet the require
ments of the situation. SUCH were Lin
coin and Grant during the great civil war.
Such in the revolution was Washington,
the anniversary of whose birthday this
university appropriately makes its festal
day He was not a lawyer or a doctor or
a minister. He was surveyor and farm
err as a student OF military science only
in the hard school of experience, his pro
fession may be said to have been that Of
arms. Not brilliant, not facile, not elo-
quent. he had those qualities which placed
him far above the brilliant. faCile. able
and learned men who we're gathered about
him in the struggle for American indie
pendence. He was a leader of men. His
pure, disinterested patriotism. his freedom
from small jealOusies, his marvellous COM
mon sense. his indomitable perseverance
and patience, and his serenity and calm
under the most trying circumstances,
gave him the victory-a victory which
could be traced not to brilliant genius or
professional training, but to that which
of all things is the most to be pursued and