Page images
PDF
EPUB

ton in tendering the Chief Justiceship to John Jay said that he considered "the judicial system as the chief pillar upon which our National Government must rest." And later in addressing the Chief Justice and the other judges he said he had

"always been persuaded that the stability and success of the National Government, and consequently the happiness of the people of the United States, would depend in a considerable degree on the interpretation and execution of its laws. In my opinion, therefore, it is important that the Judiciary System should not only be independent in its operations, but as perfect as possible in its formation."

And he gave evidence of the sincerity of these views in selecting for all judicial positions lawyers of the highest character, personal and professional. The beneficial effect of his performance of this function has contributed to an incalculable extent to the stability of our political institutions and the welfare of our people.

It is unnecessary for me to introduce to you the guest of the evening. If I said much I might be charged with fraternal bias. For many years, because of obvious endowments of nature, physical and otherwise, I have been in his shadow. But that has given me the opportunity to observe his career, and I have in the main quite approved of it. I hope you have also.

I present the Chief Justice of the United States.

VIII

REMARKS AT AN INFORMAL DINNER AT THE ASSOCIATION OF THE BAR OF THE

B

CITY OF NEW YORK

URKE said that the law sharpened the mind of the lawyer by narrowing it, but the mind of the modern American lawyer is not as narrow as the attorney in the time of Burke. For much more than the English lawyer he must concern himself with public affairs. American law is more intertwined with governmental policy than in England. Under modern conditions an American lawyer must extend his activities outside of his professional work, and particularly in civic affairs, if he would make the most of his training and would discharge his full responsibility as a citizen.

In a great community like this the preoccupation of a busy lawyer tends to remove him from contact with his fellow lawyers and with people generally. But no lawyer in this day can afford to be a recluse. He must com

bat the narrowing tendency of the profession by seeking opportunities like this to cheer his soul and stimulate his intellect. It is not feasible here to have prolonged discussions, nor ought they to be permitted. Social intercourse, new and non-professional lines of thought lifting us out of our daily rut and broadening good fellowship, should be encouraged.

And why not inject a little leaven occasionally from

outside the profession? A lay point of view, even on professional subjects, is sometimes helpful. I have recently been much benefited by contact in one or two matters with bodies of laymen. One of these is the Town Hall movement. That institution is dedicated to free speech and to the elevation of the civic life of this community. My own participation in the movement has increased my own usefulness as a lawyer, and the institution itself cannot but have a beneficial influence upon the enactment of laws and the administration of justice. Another recent experience further will illustrate my point. I was invited to attend a meeting of the New York Psychiatrical Society, composed of the most eminent alienists in this city, to discuss the present deplorable condition of our procedure with reference to expert evidence given in response to hypothetical questions. I certainly profited by learning their point of view and I believe the meeting was not without benefit to them. By such conferences the science of jurisprudence is advanced. Might we not ask jurymen to come and tell us how much time we waste in talking to them, or witnesses to tell us what they think of some of our archaic and absurd rules of evidence, or litigants to relate how they have been delayed in securing justice, or students of sociology to tell us how our rules of law are falling behind the demands of our social fabric?

It is by study based on such observations that we lawyers must keep the system of law a live, a breathing, system. The law does not come from the sovereign power as an arbitrary edict. It is a formulation of rules of conduct calculated to produce approximate natural justice. But principles of justice are relative. They must be determined with reference to existing social,

political, economic and industrial conditions, and these are not constant but differ according to locality, environment and especially time. Hence, law must be made to respond to changing needs, and we lawyers will best serve our profession and ourselves if we keep ourselves in constant touch with changing conditions.

These dinners are a most useful opportunity for that kind of enlightenment. A very interesting London magistrate named Walker, who published for a year a journal called the Original and who wrote many quaint articles on the art of dining, said: "I cannot help thinking that if Parliament were to grant me £10,000 a year in trust to entertain a series of worthy persons, it would promote trade and increase the revenue more than any huggermugger measure ever devised."

And so I believe that these dinners will be a most useful instrument in giving pleasure to the bar in social intercourse, in enlightening the elder bourbons and in restraining the younger hotspurs of the bar, in suggesting ways of improving our jurisprudence and its administration, and in every way elevating our profession.

IX

ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK

EXTRACT FROM ANNUAL REPORT OF PRESIDENT FOR THE YEAR 1923-1924

NOMINATION AND ELECTION OF JUDGES THE POLICY OF THE ASSOCIATION

NY account of the activities of the Association

ANY

would be inadequate without a reference to what it has done since 1898 in connection with the selection of judges. A feature of its policy of the greatest public importance has been its insistence on the principle of renominating on a non-partisan basis judges who have satisfactorily served during an entire elective term. The attitude of the Association has undoubtedly been an important factor contributing to the renomination and reelection of some of the ablest members of the Supreme Court in this district. It is also proper to recall the contest led by the Association for the renomination of Mr. Justice Neuberger, which undoubtedly had controlling force in securing his renomination and reelection against the wishes of the political leaders. In at least one instance the opposition of the Association to the renomination and reelection of a judge whose service during his elective term had been unsatisfactory

« PreviousContinue »