Frontier and pioneer life -- Oregon; Frontier and pioneer life -- Washington (State)
From an address before the same Association at its annual meeting in
Ellensburg in 1902 I cull these extracts.
"Mr. Chairman:
"When I came to this city I was sent for by the President of
this Association and informed that Mr. Caton, on account of
sickness in his family, could not be present on this occasion;
and he asked the privilege of substituting my name for that of
Mr. Caton. At first I objected. But you who are acquainted with
the persuasive eloquence of the President of this Association
can readily come to the conclusion that I finally consented. In
the words of one of Lord Byron's heroes, 'Much I strove and
much repented, And saying, I will ne'er consent--consented.'
"The particular point to which I desire to direct your
attention is the pioneer lawyer. I think I know something about
his characteristics. In the first place he was a good fighter.
His surroundings gave him inspiration in that direction. His
environments were of the militant order. He was not only a good
fighter, but he was a loyal fighter, and I must say from
experience that he was a persistent fighter, for, after the
judicial umpire had counted him out, and called the next bout,
he wanted to fight on still. In the next place, he was a good
reasoner, and I want to emphasize this point. He was so of
necessity. He had no Reports. He had to rely on his remembrance
of general principles; and he learned to reason from those
general principles to his conclusions; and his success at the
Bar depended upon the clearness of his statements and the
cogency and force of his logic. The question with him was, what
is the law? And he ascertained what the law was by reasoning
from the general principles which he remembered, to the
conclusion which he desired. If an attorney now-a-days is asked
what is the law, I am afraid that it is too often the case, to
use the eloquent language of the Supreme Court of this State,
he seeks to find a case 'On all-fours.' He doesn't make any
inquiry. He doesn't exercise his reasoning powers at all; he
goes into the library and hunts after a case 'on all-fours'
with the facts of the case he has presented to him. The learned
and honored Judge C. H. Hanford, who has just so excellently
addressed you, has stated that the law is not an exact science.
I do not know but what I differ from the speaker in this
regard. Every profession has connected with it two things: a
science, and an art. The science consists of the principles
upon which that art rests. Now I, as a lawyer, am prepared to
maintain that the science of the law is just as accurate, just
as complete, and just as reliable as any other science. As has
been said, law in its practical operations is the application
of principles to a certain condition of facts. There comes in
Public-domain text, read in full here on John Shaqi.
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