The Washington herald., 1914-08-24
HISTORY BUILDERS.
The Lawyer Who Convinced the Su-
preme Court.
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nv nm n. l. EDWAHng

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ny DR. Il. j. EDWAHDs.
After the United States Supreme Court
declared that the income tax provision OF
the law passed IN 1894 was unconstitu-
tional. decision which led to the adop-
ton recently Of an amendment to the
Constitution. there were among lawyers
the various arguments made by distin-
guished counsel who appeared before the
court 10 attack the law.
The opinion handed down by the court
In some respects resembled the argument
made by David B. Hin in the United
States Senate in support OF his claim
that the law as passed was unconstitu-
tionaL. There were other features Of the
decision which squared ' ith the argument
made by William d. Guthrie, OF New
York. Those who were familiar with the
relation which the late Samuel South
mayd bore to the arguments made before
the court are inclined to think that the
brief which he as a friendly act prepared
for another lawyer was as influential with
the court as was any Of the other argu-
,ments.
Mr.. Southmayd was one OF those law
yers who recognize no other mistress
than the law. II vas said of him that
as q lawyer he resembled Sidney Web
ster. Of Boston who, although scarcely
known to- the public. gained one OF the
finest regulations as a lawyer ever Sc
cured by any member OF the American
bar. Webster possessed a wonderful
power Of concentrating into a brief state
ment all of the essential facts and the
law bearing upon those facts which were
involved in any case with which he was
associated as counsel Sometimes Mr.
Webster would make an argument in a
case involving very large interests in nf-
teen minutes, whereas other lawyers in
the same case had used up several hours
in arguing before the court. The court
usually found that Mr.. Webster had COM
pacted into his brief argument all that
was TO be said in support Of his side Of
the case.
That was a quality-a very rare one
which was possessed by Mr.. Southmayd.
In addition 10 his gift OF compact and
highly concentrated presentation Of facts
OF law. he was able TO do this with per-
feet clarity, never permitting any OBJ
security 10 becloud his statements.
One OF the several distinguished lawyers
who were retained to attack the income
tax law on the ground OF its uncOnsti-
tutionality prepared, with much labor
and with the assistance OF a corps OF
competent young lawyers, a brief. which.
after careful reading, he was persuaded
was an adequate presentation Of his
views. However, he wanted TO be sure.
Therefore. he called upon his warm per
sonal as well as professional friend, Mr..
Southmayd. TO ask him II he would b.
willing to run over the brief and say
what he thought Of H.
Il will take the brief homie with me
this evening" said Mr.. Southmayd. "ard
look it over. After l have done that
will tell you very frankly what think
Of it,
Far into the night. in his private study
at his home, Mr. SoUthmayd. who
should have said. was a partner OF Will
lam NJ. Evarts and Joseph II. Choate.
made examination OF the brief
In the morning II was returned TO the
lawyer. There were references to cases
which the lawyer was advised to look
up or TO have his clerks do IT,
There was considerable ;hange in the
line OF argument. In many respects
II was practically a new brief II was
a wonderful illustration Of MI South