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along and tumbled in he'd be around thing so clear ye can almost feel ye're promptly wid his collar bone in shplints sufferin' wid the same ailmints. to ask the pardon av the proprietor for "Docther," says the lier, “ye say the his thoughtlissniss.

woman suffered a shock to her narvous “If ye left the hole open today six system?" people ud tumble in before breakfast and "She sartinly did," says the docther. the proprietor ud be out bright and "What ud ye say's the matther?" says irly takin' the names av the witnesses the lier. who passed the place the night before. "Well," says the docther, "the subAfther awhile the coorts ud be called jictive symptoms indicates a thraumerupon unravel the maze ay conthradic- ism av the posterior wall av the Mulshuns.

tum-In-Parvo. This in thurn gives rise “Mane time the sthreet cars has put to a reflex action in the Posse Comgates on all the cars so passengers can't metatis, bringing about a congischun av fall out afther they get in and they can't the red corpuscles in the Duodenum. fall in afther they get out. About the “Yis, I think that's clear to the jury," only pirsonal injury ye can suffer on the says the lier. "Proceed, docther." sthreet cars now is bein' deprived av yer "The objective symptoms show pass or dislocatin' yer timper while marked contusyon on the hypotenuse av hangin' to a sthrap. In such cases the the Lis Pindens which is followed be coorts have held ye can recover for the what we midical min calls fatty deginimintil anguish to the extint av the ju- rashun av the Nunc Pro Tunc, wid slight ry's capacity for sthrikin' averages. palpitashun in the rajon av the De Bonis

"In pirsonal injury cases the jury finds Non." it aisy to fix the damages for the rayson “It's all Greek to me," says Mrs. that they have larned docthers to tell O'Soolivan. thim all about the nachur and extint av “It's all Latin to the jury," says injuries. The midical min make iver- O'Soolivan.


Brief making is an art in which there are few masters. I have been
amazed at the helplessness of law students, and even of lawyers when
they go into a library to search for authorities. A good lawyer is
one who knows where to look for the law; and after he has found it
knows what to do with it. Law schools should teach their students
how to do these things.

Supreme Court of Iowa.

Climbing the Ladder.

By HENRY B. BROWN, Yale Law School, 1856.



AM asked to write from my person- there is no profession in which honesty

al experience a few words of advice is so absolutely indispensable as in those to such of the graduates of Yale as con- men to whom we intrust the managetemplate adopting the profession of law ment of our property rights-possibly as their sphere of activity.

even our lives and reputations. A single A few preliminary words may not be failure of this kind—a single betrayal of inappropriate. In choosing any calling, a client's confidence-is often fatal. If professional or otherwise, the graduate there be a general suspicion that the should rely largely upon his natural criminal bar is deficient in this particutastes and inclinations, which are usually lar, it is due to the prevalent idea that developed with, or in spite of his studies, a man ensnared in the meshes of the during his academic course, and should criminal law does not stand upon the inquire earnestly of himself not only

used to secure his acquittal. whether the law is congenial to his There is possibly something in this, but tastes, but whether he has within his it does injustice to many eminent men own consciousness the qualities which

who have made criminal cases more or make for success in that profession. less a specialty. These are industry, quickness of appre- Oratorical ability is doubtless of great hension, ability to grasp a point and to' value, especially in jury cases, but even hold the attention firmly to it. No indo- there it is not indispensable. Some of lent nor sluggish-minded man should as- the greatest lawyers I have ever known pire to be a lawyer. It is simply im- were not eloquent—some of the most possible. As well might one attempt to eloquent advocates I ever knew were not fly a kite without a string. The practice great lawyers. Eloquence is one of of the law demands an intellectual en- those things to be admired, but it has dowment superior to that of any other not the persuasive force of a clear stateof the learned professions.

ment of facts, and a well knit arguSecond only to this, is integrity ment. of character and fidelity to clients. The study of law may be satisfactorily Strangely enough there is a popular im- pursued in a private office or a law pression that the bar is weak in this school. As an oral lecture is more inparticular, and that lawyers, as a class, spiring than a written essay, the words are not scrupulously honest. The im. that fall from the lips of Gamaliel are a pression is wholly misleading. A dis- valuable inheritance to the student of honest man may be a good and even a the law, and are still “had in honor of great lawyer, but a successful one-nev- all the people.” The private office, too, er. I have known more brilliant reputa- lacks the spirit of emulation, the competions ruined by the lack of this qualifi- tition, the intellectual friction gained by cation even than by intemperance-50 association with other men of the same fatal to eminence of every kind. In fact, age and similar aspirations and talents. But some study of the local practice in the amounts are comparatively small. a lawyer's office is almost indispensable Police courts should be shunned. They before undertaking the active duties of are easy to enter, but hard to get out of. the profession. The trial of moot cases Hanging about them for business has is an excellent prelude to the trial of real wrecked the reputation of many a promones. In both classes the same qualities ising lawyer. If you care for criminal are called into play, and often foreshad- business at all, it is better to await its ow a victory or presage a defeat.

appearance in a higher court. Of course The most important question con- there are exceptions, but criminal busifronting a young lawyer just entering ness had better be treated as itself exthe profession is the selection of a forum ceptional-more as a recreation than as for exploiting his abilities. A single serious work. proposition underlies all the difficulties Do not neglect the social side of proof decision. To obtain business one fessional life. It is generally much unmust go where business is done. Great derestimated.

The ambitious young statesmen sometimes come from small lawyer is apt to rely too exclusively upon villages, but a lawyer who settles there his talents, and to regard every mowill probably find his practice limited to ment taken from his books and cases as drawing deeds and mortgages, and try- so much time lost. This is a grave mising cases before a justice of the peace. take. Every educated professional man This is not a career. An ambitious law- of fairly pleasing appearance, whatever yer must have courts, business, and men his birth or fortune may be, is sure to be of substantial property among his cli- a welcome guest in the leading social ents. It may be said in general that the circles of his town, if he show a depecuniary rewards of practice are pro- 'sire to enter them. I do not speak in portioned pretty accurately to the size this connection of barrooms, hotel corriof the city or town; that a bare living dors or even clubs, though these latter may be earned more quickly in a small may be cultivated in a mild way by those town, but the great prizes of the pro- who can afford them—but of the society fession are only obtainable in the large of refined ladies and gentlemen, of whom cities. In this I am speaking only of there are one or more “sets” in every young men who are depending alone up- considerable town. It may be difficult to on their own exertions. If one is able see how this becomes profitable in a busito secure an interest in an established ness point of view, but that it is often firm, or has influential friends who will so, is beyond question-indeed a promiaid him, this will be a strong, perhaps nent rank in social circles is one of the decisive, consideration,

best cards of admission to business No time can be better spent than in houses; while low associates will soonacquiring a knowledge of local practice er or later accomplish the ruin of proand methods of trial. Justices' courts fessional character. If you place your are excellent schools for the young prac- social standard high enough, it is sure titioner-police courts are bad ones. The ultimately to be recognized. Every reprocedure of justices' courts is practical- quirement is met by agreeable manners, ly the same as upon appeal; the conse- neatness of apparel and the best possible quences of blunders (and you will un- use of the conversational talents with doubtedly make them) less serious, as which nature has endowed you. The

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ability to interest others is the current of a legal career. It is the bishopric of coin of the realm of society. Reticence the profession. Of old, it was rarely deis the only unpardonable sin.

clined by any lawyer, however eminent At some time or other in the profes- he might be.

he might be. It is so in England tosional life of every lawyer of pronounc- day. But within the past century the ed ability he is sure to be beset by one or Bench has fallen much in the popular esboth of two temptations: (1) Politics; timation of the bar, not more by reason (2) The Bench. Both are to be respect- of the elective system, short terms and ed-neither to be flouted or treated light small salaries, than by legislation dely. In the early years of professional signed ostensibly for the protection of life politics should be avoided so far, and constitutional rights, but really to put the only so far, as the discharge of one's trial of cases entirely in the hands of duty as a good citizen will admit of it. counsel and the jury, to strip the judge Small offices especially are the bane of of his proper magisterial functions, and the young lawyer's life. There are a reduce him to a mere presiding officer. few in the line of the profession which The result is deplorable. The judges, may well be treated as exceptions-such owing their election to the members of as prosecuting attorney, or city council- the bar, become merely their mouthpiece, or, which are perfectly legitimate prizes, admit everything in the way of evidence, and often bring the young lawyer into leave it all to the jury, and charge only notice. Later in life, after a professional the written requests preferred by counreputation has been acquired, it often be- sel. Technicalities are raised to a scicomes difficult to resist a temptation to ence, time is wasted, expenses enormous enter public life. It is a serious question ly increased, the jury befogged, and a which everyone must answer for himself defendant with money to fight with, -always bearing in mind that it involves finds it an irresistible weapon, and goes a temporary, if not a permanent, with- unwhipped of justice; all this, too, withdrawal from practice, and (such is the out the slightest imputation upon the ingratitude of republics) that the quad- integrity of the court. It is in these rennial "ides of March" may relegate trials that the vagaries of the “unwritone to private life, without position ten law" are thrust forward to stifle the abroad, and with a crippled practice at conscience, and stampede the sympathies home. Any change of administration of the jury. involves fearful possibilities of this kind. While the Bench is the natural object Many young men are naturally fond of of a lawyer's ambition, it is becoming public affairs, and never feel so con- increasingly difficult to obtain the leadtented as when involved in a political ing men of the bar for judgeships, and fray-to others it is exceedingly dis- in many states they represent scarcely tasteful. To one the glamor of office more than the average talent of the prois a powerful incentive-to another the fession, when they should stand only for greater emoluments of private practice the best. There is another difficulty in are a superior attraction. I have ob- the fact that different qualities are called served, however, that advice to eschew in play in the trial of cases, and in the politics is cheerfully acquiesced in-un- disposition of them. The prime object til the song of the siren is heard.

of the advocate is the success of his cliThe Bench is the natural culmination ent-of the judge, to hold exact the

scales of justice. Of one, earnestness and are not unwilling to encounter a and zeal are demanded-of the other, the temporary unpopularity for the ultimate calm, judicial temperament-of both, a appreciation of the profession. clear knowledge of the law. Hence it The real greatness of a lawyer is most frequently happens that an indifferent accurately measured by the opinion of lawyer makes an excellent judge, while his professional brethren. The esteem the leaders of the bar are sometimes un- of the public is often delusive, and persatisfactory upon the Bench. But not- ishes with the man himself. But the withstanding all this, the great demand great lawyers of history, the shining in this country is for independent, reso- lights of jurisprudence, are such as have lute and fearless magistrates, like the forged their own way to the front, and former Chief Justice Parsons of Massa- been raised to positions of eminence with chusetts, and Judge Emmons of De- the acclamation of their colleagues. troit, who fear not the wrath of counsel,

-From the Yale Shingle, 1909.

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