the fellow who is in may be accorded a fair deal at the hands of the State of Idaho.

(Applause.)

MR. KROEGER: Judge Morgan, may I ask a question?

JUDGE MORGAN: I intended to say at the outset that if ever in my life I made a talk that didn't start a laugh, it at least started a fight.

MR. KROEGER: There are certain crimes punishable by imprisonment for life. If a person is found guilty of an attempt to commit a crime that is punishable by imprisonment for a certain period of years to life, what in your opinion would be a proper sentence?

JUDGE MORGAN: I don't know what would be a proper sentence. That is always for the court. But the courts have pronounced from 25 to 50 years in cases of that kind, and it has been upheld. There are cases in California on that subject, where it has been deemed a proper thing for the court to do to consider vital statistics of the insurance companies in passing sentence, but sentences of that kind have been upheld.

JUDGE HERMAN H. TAYLOR: In the statistics you gave of those who were persistent violators, were they charged and convicted as such? Was the previous offense charged in the indictment?

JUDGE MORGAN: I think not.

JUDGE TAYLOR: Then would there not arise the question as to whether the judge had power to pronounce the defendants persistent violators?

JUDGE MORGAN:

JUDGE

Very likely.

TAYLOR:

Wouldn't your recommendation be well

made to the Prosecuting Attorney?

JUDGE MORGAN: The Prosecuting Attorney couldn't control the court.

PRESIDENT MARTIN: Gentlemen, the hour of noon having arrived, the voting for commissioners is closed. The ballots will be referred to the chairman of the committee as heretofore appointed, and that committee will attend after adjournment with the Secretary, and he will deliver the ballots to them and check up with them the recommendations of those entitled to vote.

At the beginning of the afternoon session an opportunity will be given to anyone who has a resolution to offer for consideration by the State Bar, to introduce it.

The program this afternoon will consist of an address by the Hon. E. O. Howard, President of the Walker Brothers Bank, music, and an address by United States Senator William E. Borah, on the Mexican Land Problem, and discussion. The chairman of the Legislative Committee, who was to report this forenoon, is not able to attend. I understand his car broke down on the road when he was coming in. I assume he is coming this afternoon. At least we will have the report some time during the meeting. Now what is your

pleasure? Do you wish to discuss for a few minutes the address of Judge Morgan, or do you wish to adjourn? What is your pleasure? Does anyone wish to discuss the questions just discussed by Judge Morgan? If not, without motion, I will declare the meeting adjourned until 2 P. M.

Adjourned until 2 P. M.

FRIDAY, AUGUST 12, 1927

2:00 P. M.

PRESIDENT MARTIN: I am going to ask the reception committee, Judge Hartson, Mr. Eberle, and Mr. James H. Hawley, Jr.,to conduct those who are to take part in the program this afternoon,— Senator Borah, and Mr. Howard, of Salt Lake, to the platform, and also bring Governor Hawley, that he may sit here on the platform.

(The gentlemen named were escorted to the platform by the reception committee.)

PRESIDENT MARTIN: A number of members on the floor have inquired of me if I knew the result of the election, and in order to allay your curiosity I will say they have not finished; the committee is not ready to report.

We feel that we have a very nice program for you this afternoon, and that it will be most instructive and entertaining.

It is now my pleasure to introduce, as the first number on the program this afternoon, Mr. E. O. Howard, President of Walker Brothers Bank, of Salt Lake City, who will discuss with us "The Responsibility of the Legal Profession to Society," from the standpoint of a business man of large experience. We are very fortunate in having Mr. Howard with us. (Applause.)

MR. E. O. HOWARD:

Gentlemen, Senator Borah, Judge Parker, and ladies and gentlemen, and member of the Idaho State Bar: I assure you I feel it a great compliment to have been invited to your convention and to be given the opportunity and to be paid the compliment of assuming that I have the experience and the capacity to speak to you on any subject. I have always regarded the legal profession as representing the aristocracy of intellect, and that of itself is rather appalling to the ordinary business man. I am not a trained public speaker, and I very rarely attempt to speak, except extemporaneously, moved by the inspiration of the moment and the mood that I happen to be in, and my first thought in connection with this meeting was to fill myself up with the subject to the best of my ability, by talking with lawyers, lawyer friends, and executives, and reading matters touching on the subject that I had in mind, but I felt in this case that I did not care to take the responsibility of depending on memory. I knew the inspiration would be here, as it al

ready is here now, and as far as that is concerned I am entirely satisfied, and well equipped, but in view of what I think is the importance of the subject that I am going to try and get over, and the thought that I have developed with the help of some very splendid friends, I have reduced what I have to say to writing, and am therefore going to read it.

I want first to pay a tribute to a man with whom I have discussed this subject very recently, and since I have discussed it with him he has passed to his reward. To me he was a great statesman in business. He was a trained lawyer, graduated from the University of California, practiced law for seven or eight years in San Francisco, and assumed great business responsibilities after that time. I refer to Wigginton E. Creed, who died last Saturday in San Francisco, at the age of 50 years,—a tremendous man, to my mind, one of the most powerful, if not the most powerful, man on the Pacific slope. He was not only a great lawyer, a great executive, but he was a great patriot, a great statesman, a man possessed of great power, great wealth, and tremendous influence; but he was as democratic as he was as a poor boy when he started out to secure his education. I talked with him about this subject. He happened to be in my home in Salt Lake City the middle of June, and I told him of this opportunity, and I asked him if he thought there was really enough in it to prepare a paper on, and he said promptly, "There is. You have a real opportunity." I asked him then if he would help me, and he said, "I certainly will," and one of the last things he did before he died was to communicate with me and give me the benefit of his experience and his ideas, which I have used largely in the preparation of the paper that I am going to read to you. His death was a great shock. I don't know how well known he was in this community, but he certainly was a great captain of industry.

One of the most illustrious members of the American Bar, now gone to his reward, described the opportunities of the profession in this manner: "To be a priest, and possibly a high priest, in the Temple of Justice; to serve at her altar and aid in her administration; to maintain and defend those inalienable rights of life, liberty and property, upon which the safety of society depends; to succor the oppressed and to defend the innocent; to maintain Constitutional rights against all violations, whether by the Executive, by the Legislature, by the resistless power of the press, or worst of all, by the ruthless rapacity of an unbridled majority; to rescue the scapegoat and restore him to his proper place in the world; all this seems to furnish a field worthy of any man's ambition."

That is the best description of the opportunities of the legal profession that I have ever read. I quoted from Joseph H. Choate. And as we are discussing business and the legal profession I want for a

moment informally to state my ideas about the effect of business on the development of our country which has been accomplished in the last 125 or 130 years. Business has built our transportation, both land and water; it has established our great manufacturing plants; it has produced our fuel, our power, our great organizations, together with the tremendous influence and resourcefulness of the lawyer. Business has entered into almost everything in the development of our country. It now has become dignified, it has become powerful, it has become honest, and it has become patriotic, and has become imbued with the opportunity of service. Business has developed into all those elements in the last decade.

The demands of the business man may be influenced by his selfish viewpoint, while that of business, as a whole, is determined by what experience has shown to be for the general good of both the public and business. Any business policy which works to the detriment of the public-at-large, is poor business even though it may be at the time profitable and advantageous.

There was a time when business was seeking out the lawyer who could devise ways and means to circumvent the law, with the view of getting an unfair advantage over the public. That was the thing that called forth the great outcry against business as represented by the so-called trusts and monopolies during the McKinley and Roosevelt administrations, and the various trust-busting suits that were instituted by the government.

The people came to the conclusion that all big business was selfish, oppressive, and bad. This was not true any more than a statement made by a prominent journalist many years ago that "an honest lawyer was the noblest as well as the most difficult work of god."

In late years it seems to me the public have been coming to the conclusion that the evil lies not in the bigness of a particular business, or that it approaches to the point of monopoly; but rather the manner in which it is conducted. It appears that modern business is awakened to a realization of this, and that it is good business to be fair and honest with the public, and to obey the laws as passed, rather than to circumvent them. Business depends for guidance in this matter on the lawyer. It expects him to counsel how to comply with the law and not how to violate it. It is looking for the lawyer who can keep it out of litigation, and not the one with an easy conscience who can prosecute or defend a suit to a successful conclusion by fair means or foul. A good bargain is now one considered satisfactory to all interested parties.

The days of good morals in business are here, and the lawyer in demand is the one who appreciates this and knows how to apply it.

A lawyer is an officer of the court, and while he owes an allegiance to his client, he owes another and higher allegiance to the court and

public, and that is, not by unfair means to bring about a miscarriage of justice.

While modern business demands, and has a right to demand, loyalty on the part of its lawyers, it no longer expects that loyalty to be carried to the point where the lawyer must forget his conscience and that he has a duty to perform on behalf of the court, to make to the best of his ability a fair presentation of the facts and the law, to the end that justice may be done.

To lawyers has always been committed the trust to interpret and administer the law, to guide society and to protect and safeguard its legal rights, to solve the problems in accordance with law, to aid in enforcing rights and redressing wrongs.

In no country in the world have lawyers been called upon to exert so large an influence in government and social order. They have guided the American people in every stage of their national growth. They entered into the early Colonial counsels,-instances: Patrick Henry, John Adams, James Otis and a host of others, and then Hamilton and Madison,—in securing the adoption of the Constitution.

The Declaration of Independence was penned by a lawyer-four of the committee of five who reported it, were lawyers,-more than half of the men who framed the Constitution were lawyers, the judiciary of the country, of course, have been lawyers who shape the course of the common law,—in the legislative department they have predominated, in the ranks of congressional statesmen, the names of Clay, Calhoun, Webster, Lincoln and Douglas, Benton, Chase, Seward, Sumner, Conkling, and a score of others stand out above their colleagues. Three of the four in Washington's cabinet were lawyers; six of the seven of the War Cabinet of Lincoln were lawyers; during the whole period of more than one hundred thirty-five years the office of the Secretary of State of the United States has been filled by a lawyer, with the exception of a brief period by Edward Everett, a preacher, and a period by James G. Blaine. For more than threefourths of the time the office of the President of the United States has been filled by a lawyer. In no other country of the world have lawyears exercised such a far-reaching influence.

The lawyer in this day is an integral part of all business due to the great number and complexities of laws affecting it.

Congress at every session passes hundreds of laws influencing business. The legislatures of every state, likewise, pass yearly or biyearly, thousands of laws to those already directed at the regulation or control of business. Boards and Bureaus, state and national, fill volumes annually with rules and regulations that tread upon the heels of business.

Many lines of business must report to scores of governmental bodies from city councils up to great bureaus in Washington. Others pay from ten to a dozen varieties of taxes, ranging from town tolls to federal assessments on income. Still others have their rates fixed