The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-06-28

l
rupted fashion from the musty shelves
of some practicing counselor, is over.
The college trained lawyer of this
and the coming generations who will
solve the problems of government is
the man who has mastered the prin-
ciples and doctrines of law as a science
| through the selection, classification
and analysis of adjudged cases in
Ivolving their application.
| The attorney general speaking here
today before the Harvard Law School
association on The Relation of Legal
Education to governmental Problems,
| predicted that the lawyer who obtains
those qualifications will be the man
who can successfully cope with the
great questions which will be pre-
sented for solution with the growth
and expansion of this country.
"It is only by the labors, the thought
and the criticism of men who have
found the living law, as it has been
actually developed by the real trans
actions of men-that our government
may be governed and guided on safe
and progressive lines and our juris-
prudence developed along paths OF
neutral, sound and wholesome
growth" declared the attorney gen.
eral. "The wise solutions Of such
Questions as these can only be reached
by men who are able to deal with
facts and principles as compared with
information acquired and memory"
| Mr.. Wickersham made an able ad-
dress In his opening words he de-
clared he had been able to obtain
scant leisure from the duties of official
life and referred to himself as IAN
oterburdened public official whose
mind was necessarily crowded with
the prosaic and exacting details of
government"
contentment Fatal,
| "Contentment with mediocrity," Mr..
Wickersham continued, "is in my
opinion one of the greatest dangers
which confronts successful democracy
Everywhere. The hope Of averting 1t
rests largely with men of sound legal
education.
mediocrity breeds an impotence with
any sort of superiority, desire to
Ibeltttle all excellence, a readiness to
impute wrong motives to anything not
easily understood, to accept calumny
as truth, without inquiry, and a grad
l ual lessening for advancement, as 1t
| is perceived that peace, which is often
mistaken for happiness, Is alone to be
found by accepting contentedly place
in the undistinguished multitude"
Here the attorney general quoted
from the report of a committee some
time ago by the faculty of arts and
sciences of Harvard, which expressed
IT, IfVaer oh
rank or distinction in college, empha-
sis should be laid more largely than
| it is upon ability to deal with facts
and principles as compared with IN
formation acquired or memory.
at is precisely that ability which
is the ideal of the legal profession"
said Mr.. Wickersham, land the
achievement is characteristic of its
most honored leaders and is utterly
Inconsistent with contentment with
mediocre things.
THAT clear thought, sound Tearing
and a consummate ability to deal with
"That clear thought, sound learning
school training is abundantly attested
by many illustrious examples. Many
Examples may be cited to sustain the
theory. But as early as Blackstone's
DAY, LIOuRHLlui tdWy ASolAACu Ahhb
Ionly occasional ana exceptional men
accomplished good results by this hap
hazard sort of education.
i But the tendency of all collective
instruction is undoubtedly to discour-
age the free development of individual
characteristics, to induce conformity
with conventional standards and to
furnish the mind with certain ex-
OBJ cd M
to the ordinary exigencies of life, but
not always fitted to attack and master
Exceptional difficulties. The genius of
|Langdell rescued the Harvard law
school from that tendency.
Great Problems to Face.
"The rapid growth of our popula-
ton, the mArvelously developed facili-
ties Of Intercourse and communication
lby land and water and air have given
rise to. problems of increasing COM
iplexity concerning the relation of In
dividual effort to the general public,
which by reason of the obvious in
ability Of any single state of the union
to deal with them have pressed upon
the national government for solution"
The attorney general then reviewed
in brief the development of the last
few years toward the control Of public
utilities, and compared to 1t the
growth OF the machinery of trade, now
come to a control OF great lines OF
industry by corporations or individu-
ais
Never before has 1t been possible
to lay so direct a toll upon the public
through the concentration of indus
trial power" he said. 1.-THE full signi-
ficance of the attempt to check the
growth and power of great combina-
tions through the commerce clause of
the constitution was scarcely per-
Iceived at the time of the enactment
[of the Sherman law, nor until success
lsive interpretations of it had been
given by the supreme court.
The history Of nations indicates
THAT a certain period of national de.
Ivelopment becomes necessary to in
Iterpose by legislation between the ra-
Ipacity Of individual greed and justice
land fairness to the whole people.
"The right Of every community to
Ileglslate respecting property affected
Iby a public use was early recognized"
Mr.. Wickersham referred to the
Standard Oil and tobacco cases now
waiting decision Of the supreme court