Historical Newspapers of South Carolina

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ISSUED SEMI-WKEKL^ ^ _______ l. m. grist's sous. Pnbii.hen. } % c^aatjlg SJieicspape^: Jfor fhij promotion of <h$ political, ^oqtal, ^jrieultuqal and Commercial interests of the |eopt<. j ESTABLISHED 1855. YOHKV1LLK, S. C., TUMSDAY, .) LILY 18, It >1.5. XO. r>(i. MoDl S-rmc ILLlJ5TMriO% CHAPTER V. | While Griswold was grappling th? nrohlt?m of escat-e. and I planning to desert the Belle Julie at the next landing, Charlotte Farnham was sitting behind the locked door of her stateroom with a writing pad on her knee over which for many minutes the suspended pen merely hovered. She had fancied that her resolve, once fairly taken, would not stumble over a simple matter of detail. But when she had tried a dozen times to begin the letter to Mr. Galbraith, the simplicities vanished and complexity stood in their room. Try as she might to put the sham deck-hand into his proper place as an impersonal unit of a class with which society is at war, he previously refused to surrender his individuality. At the end of every fresh effort she was confronted by the inexorable summing-up: in a word of phantoms there were only two real persons; a man who had sinned and a woman who was about to make him pay the penalty. It was all very well to reason about i It, and to say that he ought to be made to pay the penalty; but that did not make it any less shocking that she, Charlotte Fhrnham, should be the : one to set the retributive machinery in motion. Yet she knew she had the thing to do, and so, after many in- i effectual attempts, the letter was written and sealed and addressed, and rhe went out to mail it at the clerk's office. As it chanced, the engines of the steamer were slowing for a landing when she latched her stateroom door. 1 The doors giving upon the forward saloon deck were open, and she heard i the harsh voice of the mate exploding i in sharp commands as the steamer lost way and edged slowly up to the 1 river bank. A moment later she was i outside, leaning on the rail and look- i ing down upon the crew grouped about I the inboard end of the uplifted landing i stage. He was there; the man for < whose destiny accident and the conventional sense of duty had made her 1 responsible; and as she looked she had a fleeting glimpse of his face. It was curiously haggard and wobegone; so sorrowfully changed that for an instant she almost doubted his identity. The sudden transformation added fresh questionings, and she began to ask herself thoughtfully what had brought it about. Then the man turned slowly and looked up at her as if the finger of her thought had touched him. There was no sign of recognition in his eyes; and she constrained herself to gaze down upon him coldly. But when Belie Julie's bow touched the bank, and the wait- 1 ing crew melted suddenly into a tenu- 1 ous line of burden-bearers, she fled through the deserted saloon to her stateroom and hid the fatal letter under the pillows in her berth. That evening, after dinner, she went forward with some of the other passengers to the railed promenade i wViir?V* woa thft onmmnn PVAninc rpn dezvous. The Belle Julie had tied up 1 at a small town on the western bank of the great river, and the ant pro- i cession of roustabouts was in motion, 1 going laden up the swing stage and returning empty by the foot plank. I^eft to herself for a moment, Charlotte faced the rail and again sought to single out the man whose fate she must decide. She distinguished him presently; a grimy, perspiring unit in the crew tramping back and forth mechanically, staggering under the heaviest loads, and staring stonily at the back of his file leader in endless round; a picture of misery and despair. Charlotte thought, and she was turning away with the dangerous rebellion against the conventions swelling in her heart when Capt. Mayfleld joined her. "I just wanted to show you," he said; and he pointed out a gang of men repairing a slip in the levee embankment below the town landing. It was a squad of prisoners in chains. The figures of the convicts were struck out sharply against the dark background of undergrowth and the reflection of the sunset glow on the river lighted up their sullen faces and burnished the use-worn links in their leg-fetters. "The chaingang," said the captain, briefly. "That's about where the fellow that robbed the Bayou State Security will bring up, if they catch him. He'll have to be mighty tough and well-seasoned if he lives to worry through twenty years of that, don't you think?" But Miss Farnham could not answer: and even the unobservant captain of river boats saw that she was moved and was sorry he hail spoken. In nnv noth c\t norfnrmnnr?D thppn is but ono step which is irrevocable, namely, the final one. and in Charlotte Karnham's hesetment this step was the mailing of the letter to Mr. Galbraith. Many times during the evening she wrought herself up to the plunging point, only to recoil on the very brink: and when at length she gave up the struggle and went to bed. the sealed letter was still under her pillow. Now it is a well accepted truism that an exasperated sense of duty, like remorse and grief, fights best in the night watches. It was of no avail to protest that her intention was still unshaken. Conscience urged that delay was little less culpable than refusal, since every hour gave the criminal an added chance of escape. The minutes dragged leaden-winged, and to sit quietly in the silence and solitude of the great saloon became a nerveracking impossibility. When it went past endurance, she rose and stepped out upon the promenade deck. The Itelle Julio was approaching a landing. The electric searchlight eye on the hurricane deck was just over her head, and its great white cone seemed to hiss as it poured its dazzling flood of fictitious noonday up 3d 15 EOT 'CDBIODB CCPY/f/GffT BY O/AfiUJ 3CMBSt?*S 30*3 on the shelving river bank and the sleeping hamlet beyond. Out of the dusky underglow came the freight carriers, giving birth to a file of grotesque shadow monsters as they swung up the plank into the field of the searchlight. The footplank had been drawn in, the steam winch was clattering, and the landing stage had begun to come aboard, when the two men whose duty it was to cast off ran out on the tilting stage and dropped from its shore end. One of them fell clumsily, tried to rise, and sank back into the shadow; but the other scrambled up the steep bank and loosened the half-hatches in the wet hawser. With the slackening of the line the steamer began to move out into the stream, and the man at the mooring post looked around to see what had become of his companion. "Get a move on youse!" bellowed the mate; but instead of obeying, the man ran back and went on his knees beside the huddled figure in the shadow. At this point the watcher on the promenade deck began vaugely to understand that the first man was disabled in some way, and that the other was trying to lift him. While she looked the engine-room bells jangled and the wheels began to turn. The mate forgot her and swore out of a full heart. She put her fingers in her ears to shut out the clamor of abusive profanity; but the man on the bank paid no attention to the richly emphasized command to come aboard. Instead, he ran swiftly to the mooring post, took a double turn of the trailing hawser around it and stood by until the straining line snubbed the steamer's bow to the shore. Then, deftly casting off again, he darted back to the disabled man, hoisted him bodily to the high guard, and clambered aboard himself; all this while McGrath was brushing the impending crew aside to get at him. Charlotte saw every move of the quick-witted salvage in the doing, and wanted to cry out in sheer enthuslusm when it was done. Then, in the light from the furnace doors, she saw the face of the chief actor; it was the face of the man with the stubble beard. She could not hear what McGrath was saying, but she could read hot wrath in his gestures, and in the way the men fell back out of his reach. All but one; the stubble-bearded white man was facing him fearlessly, and he appeared to be trying to explain. Griswold was trying to explain, but' the bullying first officer would not let him. It was a small matter; with the money gone, and the probability that capture and arrest were deferred only from landing to landing, a little abuse, more or less, counted as nothing. But he was grimly determined to keep McGrath from laying violent hands upon the negro who had twisted his ankle In jumping from the uplifted landingstage. "No; this is one time when you don't skin anybody alive!" he retorted, when a break in the stream of abuse gave him a chance. "You let the man alone. He couldn't help it. Do you suppose he sprained an ankle purposely to give you a chance to curse him out?" The mate's reply was a brutal kick at the crippled negro. Griswold came closer. ' "Don't try that again!" he warned, angrily. "If you've got to take it out on somebody, I'm your man. This was mutiny, and McGrath's remedy for that distemper was ever heroic. In a flash his big fist shot out and the crew looking to see its lighter champion go backward into the river at the impact. But the blow did not land. Griswold saw it coming and swerved the necessary body-breadth. The result was a demonstration of a simple theorem in dynamics. McGrath reeled under the impetus of his own unresisted effort, stumbled forward against the low edge-line bulwark, clawed wildly at the tickle air and dropped overboard like a stone. The Belle Julie was forging ahead at full speed. Clearing the intervening obstacles in a hurler's leap, Griswold raced aft on the outer edge of the guards and jumped overboard in time to grapple the drowning man when he was within a few feet of the churning wheel. The mate was terror-crazed and fought blindly. There was no time for trick or stratagem, and when the thunder of the wheel roared overhead, Griswold felt the jar of a blow and the mate's struggles ceased abruptly. A gasping moment later the worst was over and the rescuer had his head out; was swimming gallantly in the wake of the steamer, supporting the unconscious McGrath and shouting lustily for help. The help came quickly. The alarm had been promptly given, and the night pilot was a man for an emergency. Before the little-used yawl could be lowered, the steamer had swept a wide circle in mid stream and the searchlight picked up the castaways. From that to placing the Belle Julie so that the two bits of human flotsam could be hauled in over the bows was but a skilful hand's turn of rudder-work, accomplished as cleverly as if the great steamboat bad been a power-driven launch to be steered by a touch of the tiller. All this Charlotte saw. She was kioiniiik on hiipii lilt- iwu mrii nnc dragged aboard, the big Irishman still unconscious, and the rescuer in the final ditch of exhaustion?breathless, sodden, reeling with weariness. And afterward, when the Belle Julie's prow was once more turned to the north. Miss Franham Hew back to her stateroom with the letetr to Mr. Galbraith hidden in her bosom and clutched tightly as if she were afraid it might cry out its accusing secret of its own accord. (To Be Continued.) THE LAWYER ANDTHE PEOPLE Civic Problems and How They Are to be Met. ADDRESS BV CHIEF JUSTICE GARY. Able and Illuminating Discussion of Serious Civic Problems and Wise Suggestions as to How the Same are to be Met?What the Lawyers May Do in Behalf of the Public Service if they Will Live Up to their Opportunities. The principal address in connection with the dedication of the York county courthouse today, was that of the Hon. Eugene B. Gary, of Abbeville, chief justice of the supreme court or South Carolina. This address conveys a message well worth the while of those who would improve existing civic conditions, and the text of it is hereby presented in full: Mr, Chairman, Ladies and Gentlemen: Before proceeding to deliver the message which we have brought you today, we bespeak your permission to make a few preliminary remarks. When the Queen of Sheba visited King Solomon, she said, after listening to his words of wisdom and seeing the magnificent temple which he had Just erected: "Behold, the half was not told to me;" and, such is our condition today, as we behold the new and beautiful temple, which the people of York county have wisely erected. When the kindly and most highly appreciated invitation to address you on this occasion was accepted, we were uncertain what should be our subject. It occurred to us that we might devote a considerable part of our alloted time in discussing the battle of King's Mountain, which, in its results, was one of the great battles of the world; but we found that there was nothing to be added to the historical information, which had been given by great writers and eloquent orators on several occasions, devoted to that subject. It then occurred to us that it would be well to give a sketch of the members of your bar, which has been famous from its earliest history, but we remembered, at once, that we had been forestalled by an eminent jurist, who now adorns the supreme court of South Carolina, and is adding new laurels to those which he had won, as an able and conscientious circuit judge. When the distinguished orator from Virginia, Hon. John W. Daniels, delivered the centennial address at King's Mountain on the 7th of October, 1880, he commenced his oration with these words: "My Countrymen: Upon this spot one hundred years ago, this day, was a great battle of the people, fought by the people alone. "There was not a bayonet; not a cannon. There was no martial music. There was no gilded banner. There was no chaplain. There was no ambulance or wag;on. There was no general officer. There was not a single regular soldier in the army of victory. There were men here, and they did a deed for which all mankind should be grateful, and which the ages will remember. Before the battle, mothers, wives and sisters lingered by the sides of sons, husbands and brothers, assisting in the last detail of slender preparation, in giving the farewell kiss that would grow in the hearths, and send the electric thrills along their arms on the day of battle." There were men then, and we still need those who are men, in solving the great social, economic and political problems that are now confronting us. Let us pray that: "God give us men; a time like this demands Strong minds, great hearts, true faith and ready hands; Men whom the lust of office cannot kill; Men whom the spoils of office cannot buy, Men who have honor, men who will not lie; Men wno can stand before a demagogue, And damn his treacherous flatteries without winking; Tall men, sun-crowned, who live above the fog, In public duty and private thinking." The words uttered in regard to the mothers, wives and daughters, who assisted, in the battle of King's Mountain, cause us to digress for a moment, to mention another brave woman. When Preston S. Brooks introduced a bill in congress for the pension of one of Edgefield's patriotic daughters, who had lost her husband and her three sons in the Mexican war, he narrated the fact, that three centuries ago, when border feuds were common, a maiden born on the shore of Lake Constance, had gone to seek her fortune in Switzerland, and learning by accident, in the family in which she was residing, that an assault was intended upon her native village, under the cover of night, she took a horse and swam the current of the Rhine, and by her timely warning, saved her birthplace and her people from sack and slaughter. An equestran monument was erected in her honor, but her heroism is to this day commemorated by a memorial more touching. Each night as the watchman goes his round, when the hour of midnight arrives, he calls aloud the name of her who, three hundred years before, awoke the sleeping inhabitants, and rescued them from danger. The historian appropriately says that the fame and memory of that girl has given a tone and spirit to the youth of that little town, which is worth, in its defense, a battalion of armed men. Those who have read Ben Hur will recall the mysterious manner in which the three men from different parts of the world met as if by Providence. It has its counterpart in the manner in which the scattered men of the wilderness met at King's Mountain. It seemed as if some masonry of the woods had given the watch-word to the dwellers?as if the lightnings had t'uiivtryw lit uirui uir 9ik?9 uiatress from their brethren, and the wings of the wind had borne them an answer. When the flag of the Confederacy was furled, Father Ryan in one of his beautiful poems tells us that, "Out of the gloom future brightness is born; as after the night comes the sunrise of morn." Tradition tells u.? that out of the gloom which we have mentioned, future brightness was born by reason of the fact that the men of York county became the leaders of a mysterious organization, which caused many of them to leave the state for the time being, in order to avoid prosecution under the Federal statutes, but that this organization struck terror into the political leaders among the negroes, and saved the state, eventually, from negro domination. When we behold the industrial progress of your county, and realize the grand work which Winthrop college is doing throughout the country, of which you and South Carolina have just grounds to be proud, it is evident that after the night has come the sunrise of morn. Permit me to say that it would be an injustice to speak of Winthrop college without mentioning in praise the magnificent work of its president, who has done so much to keep up its high standard and usefulness. I need not sa> that 1 refer to President I). Ft. Johnson. Allow me, in concluding my preliminary remarks, to congratulate the people of your county on the magnificent temple which they have erected to justice, and to say that the thanks of the people are due to Hon. Thomas F. McDow, who introduced the bill allowing the people an opportunity of voting on the issuing of bonds for I building the new courthouse; also to Senator W. H. Stewart, and Representatives J. H. Saye and J. E. Beamguard and O. L. Sanders, who assisted in the passage of the bill. Nor can too much praise be given to Hon. J. S. Brice, chairman of the courthouse !?????. 4 Mjkoovxa W Q || LUI11111 laaiuu,?anu ro?nn- oaro^ * ? . I Wilkerson of Hickory Grove, and Jno. I G. Anderson of Rock Hill, the other I members of the commission, for the faithful and able manner in which they I have executed the trust confided to I them. The subject we have selected is: The Lawyer and the People. There is no doubt that we are face to face with political conditions and changes which may have a profound effect upon the political future of our country. We will enumerate some of I the causes that are tending to bring about such a result: First Delay in the administration of justice, and the resort to technicalities by which justice is frequently denied and defeated. This can be remedied by the cooperation of the bench and bar, on the one hand, and the legislature on . vs. Ml ' n HON. EUGENI Chief Justice of the Spren the other, in giving to the presiding judge full discretion as to all matters except the substantive law, which do not affect the merits of the- case. It is only necessary to adopt in the main, the English practice in this respect. The judges should not be required to allow the time of the court to be consumed in the argument of technical objections, nor should appeals be allowed from his rulings in this respect. Second. The failure of the legal profession to take a more active part in solving the great questions that affect every person throughout our country. (We will hereinafter discuss this question more fully.) Third. The fact that the interests exert an influence not only in congress, but in every state legislature, which is frequently disastrous to the rights of the people. The people feel that the interests exert aa undue Influence, especially in the appointment of Federal Judges. Fourth. The fact that, to a large extent, governmental affairs are administered by the bosses of political machines, that do not reflect the wish es 01 me peopie. In sparsely populated neighborhoods, the neighbors knew each other, and it was easy to make actual selection of the men they desired to elect to office. Every candidate was well known to the voters, and when elected, was well aware of the wishes and opinions of his constituency. Communities whose elements are homogeneous and whose interests are simple, find no difficulty in transacting the affairs of government in an informal and simple manner. But those simple days have passed awav. The people of the communities from one end of the country to the other are no longer homogeneous; their interests are varied and their manner of life complex and intricate. The voters are largely strangers to each other. The elective items on the voter's ticket have become too numerous to be dealt with by the individual voter, and consequently are dealt with in the mass, by a new system?the system of political machinery which is controlled by the bosses. Time will not permit us to show the progressive manner in which this new system has injuriously affected representative government. Fifth. The fact that so long as the interests control congressional and state legislation, and influence the appointment of officials, the anticipated benefits arising from the initiative, referendum and recall, will be practically valueless, as the interests will immediately take steps when the election results in favor of the people to render its result nugatory and ineffectual by other legislation. We recognize this as the most important of the enumerated causes,' and desire to emphasize it as strongly as possible During the war between the states, the genera', who was in command of a large tody of troops, noticed that a battery of the enemy which had not been located, was playing havoc with his soldiers. He commanded that the location of the battery be immediately ascertained, but without success. He gave another nrdpr lnit nirnin the b.atterv could not be located, though its deadly work still continued. At last he commanded that all his troops should turn their attention in that direction, and the deadly battery was located in a clump of trees and was soon destroyed. This battery of the interests that is destroying representative government must be destroyed, even if every element of the electorate has to be culled into requisition for that purpose; otherwise there will be a revolution, which was prevented, perhaps, for the time being, by the elec1 tiou of Mr. Wilson as president of the United States. In this connection, we wish to impress upon the voters the great importance of co-operation, which is strikingly illustrated by the following oriental legend: i "There was a king who had three sons. A princess became the king's ward, and as her guardian he had the right to bestow her hand in marriage upon whomsoever he should choose. Each of the three princes besought their father to give the hand of the princess to him in marriage. The king told them that he would bestow her hand upon that one of them who proved himself most worthy. The ability to discover something new and wonderful was considered in that country as the highest evidence of merit. "One of the princes found a magic rug with such power that if a person stood upon it and wished to be elsewhere, it would Instantly transport him to the desired spot.. The second discovered a magic apple with a perfume that would instantly restore to perfect health any one who was sick. The third found a magic tube, which enabled any one who looked through it to see a person or object wherever it might be. "The third prince suggested that each look through the tube and desire to see the princess. Whereupon they saw her lying upon a couch, with the royal family standing around her, weeping, and realized that she was dying. "The princes then stood on the rug and were instantly at the side of the princess. The prince of the apple held it before the dying princess, and she was at once restored to health, and thereupon each demanded her hand on the ground that he had saved her life. "The king then replied, 'Each of you are right. The really great and good works of life are done by no one man nor one class of men, but only by the co-operation of many; some other test must be tried.'" WWaBmrni Ijjljf^^^ ^B||^i^ I |j| ?| | M 2 B. GARY -% ^ ? - /- i ~? ii? ne uoun 01 oouin curunna. The moral we wish to illustrate Is that no one man nor any one class of men can accomplish the desired result; and that only by co-operation of those who love their country more than they do wealth, can representative government be continued and a revolution avoided. Sixth. The power of a few men to accumulate in an exceedingly short time, large sums of money from all parts of the country, that may be used in such a manner as to affect and influence the affairs of the government, Keeps the public mind uneasy and the affairs of government in a chaotic state, as such trusts are public in their nature. We quote the following words of Mr. Wilson, president of the United States, in one of his addresses which throws light on -this question: "One of the powers we fear is the control of our life, through the vast privileges of corporations which use the wealth of masses of men to sustain their enterprise. It is in connection with this danger that it is necessary to do some of our clearest and frankest thinking. It is a fundamental mistake to speak of privileges of these great corporations as if they fell within the class of private right and of private property. Those who administer the affairs of great Jointstock companies are really administering the property of communities, the property of the whole mass and miscellany of men, who have bought the stock or the bonds that sustain the enterprise. The stocks and the bonds are constantly changing hands. There is no fixed partnership. Moreover, managers of such corporations are the trustees of moneys, which they themselves never accumulated, but which have been drawn together out of private savings here, there and everywhere. "What is necessary in order to rectify the whole mass of business of this kind is that those who control it, /vwtiwftKf nhontro thnlr unint nf 3IIUUIU CIIVI1C1J VIIHIIQV V..V.. view. They are trustees, not masters, of private property, not only because their power is derived from a multitude of men, but also because in its investments it affects a multitude of men. It determines the development or decay of communities. It is the means of lifting or depressing the life of the whole country. "They must regard themselves as representatives of a public mind. There can be no reasonable jealousy of public relation in such matters, because the opportunities of all men are affected. Their property is everywhere touched, their savings are everywhere absorbed, their employment is everywhere determined by these great agencies. What we need therefore, is to come to a common view which will not bring antagonism, but accommodations. The programme 'of parties must not be programmes of enlightenment and re-adjustment, not revolutionary but representative. The processes of change are largely processes of thought, but unhappily they cannot be effected without becoming political processes also, and that is the deep responsibility of public men. What we need, therefore, In our polltics is an instant alignment of all men free and willing to think and to act without fear upon their thought." We will state a few reasons why the people will not get relief from direct legislation, whether by the initiative or referendum. The trouble with unorganized action lies in the fact that it is inevitably spasmodic and intermittent. The people grow tired of direct legislation when the novelty has worn off. The laws do not represent the whole electorate, but that part of the voters which impelled either by public or private motives, takes an interest in the affairs of state. In one of the cantons of Switzerland. a serious attempt was made some years ago to amelorize the force of this objection to the referendum, by imposing a line upon every voter who failed to appear at the polls. The polled vote increased as a result; but the real aim of the law was not achieved, for many of the voters who came to the polls under the spur of this compulsion rendered perfunctory |>erformance by dropping black ballots into the box. Ours is a government of laws but every one should keep always before him the fact that no law is effective unless there is the rieht kind of man behind it. In tropical America there ere manv republics whose constitutions and laws are practically identi cal with ours, yet some or tnem nave throughout their governmental career alternated between despotism and anarchy and have failed in striking fashion at every point, where under like conditions, we have succeeded. The difference was not in the laws or the constitutions, for they were the same. The difference was in the men who made up the community, in the men who administered the laws, and In the men who put in power of the administrators. It is indeed, with us, that the people shall be the masters, and one of the vital needs is, that they shall show self-mastery, as well as the power to master their servants and to see that the right kind of man is behind the laws. Constitutional limitations are adopted as much for the protection of the rights of the minority as of the maInrltv anil likewise to Drotect the people against their own action, until they have had time to give due de- t liberation to any suggested changes r in the organic law. t The training of the lawer makes his t co-operation especially valuable in ex- o plaining to the people the effect of t suggested changes, and in providing 11 efficient remedies for the evils that (I confront us. c Public opinion in the United States t was never better informed, never v more intelligent, never more eager to r make itself felt in the control of gov- n ernment for the betterment of the d nation, and yet it was never more r helpless to obtain its purposes by o ordinary methods. In order to assert s its right to representative government, ti free trom the control and influence of u me interests, it has to resort to con- s vulsive, agitated, almost revolutionary h means . to have its way. It knows P what it wants. It wants good men in tl office, sensible laws adjusted to ex- a isting conditions, conscience in affairs, tl and intelligence in their administration. But it is at a loss how to get P these, it flings itself this way and h that, frightens this group of politi- 11 cians, hopes, protests, demands, but cannot govern. c Men sometimes talk as if it were tl wealth of which we were afraid, as ? if it were jealous of the accumula- o iion of great fortunes. But such is w not the case. The people have not the tl slightest Jealousy of the legitimate ? accumulation of weath. Everybody Ji Knows that there are many men of large means and large economic power c: who have gained it not only by legiti- tl maie methods, but in a way that de- f< serves the thanks and admiration of & ihe communities they have served and a developed. But everybody knows, also, mat some of the men who con- d trot tne wealth and have built up the a industry of the country seek to control a politics and also to dominate the life o or commen men in a way in which no 8 man should be permitted to dominate, b iii tue ilrst piace, there is the notorious operation of the bi-partisan d political machine, which does not V represent party principle of any kind, li but which is willing to enter into any a ' combination, with whatever group of b persons or of politicians, to control ..lie omces of localities and of states P and of nations itself, in order to main- ri lain the power of those who direct a it. This machine is supplied with its P xunds by the men who use it, in or- P der to protect themselves against H legislation which they do not desire, n 1 ana in order to obtain the legislation r which is necessary for the prosecution 1< of their unlawful purposes. o The methods of our legislatures n make the operations of such machines ii easy and convenient. For very little ti of our legislation is formed and effected by open debate upon the floor, s Almost all of it is discussed in com- \ mittee rooms, and passed without de- z bate. Bills that the machine and its backers do not desire are smothered b in committee; measures which they do tl desire are brought out and hurried it through their passage. It happens p again and again that great groups of b such bills are rushed through in the 8 hurried hours that mark the close ot y, the legislative session, when everyone 8; is withheld from vigilance by fatigue, t< and when it is possible to do secret p things. s I When we stand in the presence of n these things, and see how complete a and sinister their operation has been, y, we cry 014}. with no little truth that 0 we no longer have representative gov- ti ernment. e: In late years the government has p frequently been qMled upon to take u part in quelling strikes that are the f] manifestations of a revolutionary t< spirit in the industrial field. Presl- y, dent Wilson realizes that there are cl three parties interested in a strike? t< the government, the employer and the y, employee, and it appears that he in- d tends that justice shall be done be- t< tween the employer and the employee, n and thai the rights of the public shall n be protected. Any other policy would, }i in a short time, lead to revolution. n Those who assume the control of the h great, industrial interests have a terrl- s, ble responsibility resting on their s shoulders. h Several years ago, there was a strike t< in England. There was in conse- tl quence a sympathetic strike in New a Zealand, which was distant about n 1,200 miles from England. After the e employees and their families were al- p most reduced to a state of starvation, and after inflicting great financial g loss to their employers, they surrender- c ed. There were men on both sides in n that strike who determined, if possi- t ble, to prevent a like recurrence of s distress and financial loss. The vie- c tors instead of gloating over their q victory went to their employees and ex- n pressed their deep sympathy, and sug- n gested that they agree upon a plan p that would do justice to all parties 0 concerned. The employees entered n into the spirit of the suggestion. The fj parties agreed upon a man for gov- e ernor, whose ability and ideas of jus- w tice to all were above reproach or sus- b picion. a The ablest men and those who were s non-partisan, were elected as repre- a sentatives. They realized that in all ji strikes there are interested parties, f( the employer, the employee and the a state. The employer has an interest h in the business on account of the 0 profits; the employee in order that t] he might make a support for him- n self and his family, and the state in ti order that the health, morals, educa- 8 tion, finances and general welfare of f, its citizens might be protected. It a was made the law of the land that the c amount of compensation to be award- a ed the employees should be determin- tl ed by a committee, cons'iting of an a equal number selected by the em- a ployers, the employees and the gov- r ernment, and that no change should t< be made in the compensation, nor jj should there be a strike during the p time specified by said committee; c that after the expiration of said time, q the employer, or employee might pe- i{ tition for a change in the rate of com- d ponsation, but that the work should fl not stop in consequence of said pe- n tition. The employer was also re- tl quired to see that the places where p the work was performed were kept in 0 a sanitary condition, and every safe- v guard used to protect the rights of tl the employee as a citizen. c The government also requested the e rich who owned lands as hunting re- e servations in New Zealand, but re- f mained citizens of foreign countries, h to sell their lands to the government 1 for a fair valuation, in order that it d might, in turn, sell a certain number t of acres to each citizen, who was re- e quired to secure the purchase money t by a mortgage on the land sold him, c at a low rate of interest. The idea was that there is a higher order of p citizenship, when the people worship o God under their own vine and fig tl tree. tl Who can tell the beneficial results c that may have flowed from this timely tl action? f< The desire of the interests to con- si trol legislation and influence the ap- h pointment of officials in large measure v from their opinion, that the great industries which have come into promt- h nence in the last few years, need pro- \ tection which they fear will not be accorded them, unless they take an s active part in governmental affairs, n There is no necessity, however, for y nis apprenension, ana as soon as ine nterests change their policy volunarily in this respect, or the people 'orce them to mak > the change, the greatest danger to representative government will have passed. The duties which the lawyer owes o the state or body politic, arise rom the fact that he is an officer in he judicial department, which is one >f the three co-ordinate branches of he government, and, as such officer, te is under the moral obligation to lse his best efforts to render effectual ind successful the administration of he legislative and executive depart nents, as the three branches are so nter-dependent that a failure to adninister properly tne legislative or sxecutive departments ulll neceesariy hamper and reder less effectual he judicial branch. In the language of another: "A lawyer is an officer of the :ourt8, and, as such, owes them various duties. But the courts compose >ne of the co-ordinate branches of he government. Hence the duties t Vin swv 1? ? a n i n /l i ro otlif > w cu IIIO wui 10 CM c luuii cv.ii/ uncu o the state and nation. But there are nar;v other duties that the lawyer owes lirectly to the state. The ordinary itizen is under certain obligations to he state, and a failure to keep, or a wilful violation of these obligations, enders the offender liable to punishnent. Upon admission to the bar the iuties and obligations of the citizen emains, and the duties and obligations f the lawyer are added to them. The Late has, through, one of its agencies, he courts, conferred upon the lawyer, pon his admission to the bar, a new tanding in the community in which e lives. It has granted him new owers and privileges. It is proper, herefore that it should exact greater ccountability from him, than from he ordinary citizen.'' We desire to make clear and emhasize the fact that the duty of the Lwyer as a citizen is paramount to hat which he owes his client. There are numerous and various riticisms against certain members of he legal profession, who, it is clalmd, have been active in the destruction f representative government, and 'ho by the use of technical objecions, have delayed the administration f the law, and defeated the ends of iistice. We will quote only three of such ritici& os?two of which are made by hose who stand high in the legal pro?ssion, and the third by one of our reatest scholars, who expresses great dmiration for our profession. At the outset we desire It shall be istinctly understood that the discusIon of this question is Intended to be pplicable, in a general way, throughut the United States, and without pecial reference to the bench, the n rvM iVia n/mnlo r\t Gnutb rV)l*nltnQ at Ui Lite |A7V|/IC ui uvutu V*1I1?H Our first quotation is from the adress of Chief Justice Stafford of Washington, D. C.f which was devered before the South Carolina Bar ssoclation in 1908, and waa published y order of that association. "See how wealth almost monoolizes the legal talent. A moment's eflection will suffice for you to name score of lawyers of commending owers, in the pay of enormous cororatlons?one moment. Now, take ve and count over for me, half as lany of equal force and fame who epresent the people in their life>ng struggle, with these vast and vershadowing interests. Let a young van at the bar display great ability? istantly he is clapped under a reliner. "When Chatham made his first peech in the house of commons, Vaipole exclaimed: 'We must muzle that terrible Cornet of Horns.' The retainer is not a bribe. It i an honest fee. I do not impugn Fie motives of those who take it when : comes. It is a flattering, insidious rize. I know wealth must have rains to serve it; it is entitled to uch service. I am not arraigning realth. My lamentation is that there hould not be more to hear the call 3 the other side, to stand as chamions of the people, unfettered by any uch alliance. The questions we lust meet hereafter relate to wealth nd especially to the framing of laws rhich may regulate the distribution f it. Should all our lawyers be relined by wealth? How can we lessn the inequalities of life, and not imair the principles of property and iw? That is the problem that conronts us. How can wealth be forced > pay its share of taxes? How shall ^e give the poor man's child even hance in life? How get for him who >ils a few free hours of sunlight rith his family, an hour or two eacn ay to cultivate his mind? How see > it that these ponderous soulless lachines, to which indeed we owe so luch, do not become in the end very uggernauts, crushing manhood, wolanhood and childhood to the earth? low shall we counteract, with wholeume, hopeful laws the blind, dervn i xl n nr affnrfu g\t iho ci Qr.t \XI h ORP undred hands may soon And swords > fight with? These are the questions hat face us. How shall we ever nswer them with safety if every ian, as soon as he has mastered law nough to be of use, foresakes the oor and strikes hands with the rich?" Mr. Taft, ex-president of the United tates, and ex-president of the Amerian Bar association, who has done lore than any other man in the Inited States towards raising the tandard of the legal profession, thus learly showed at the meeting of the inference on the Reform of Crimial Law and Procedure, that he does ot think the legal profession has Toperly discharged its trust: "One f the strongest influences for looseess in the conduct of criminal trials, i my judgment, has been the presnce of lawyers in our legislatures, rho have sought to abate and limit y statute the power of the Judges, nd to take away this source of repect for their rulings, which is so pparent in every English court of ustice. What I believe to be an unuunded fear of judicial tyranny, and n unreasonable distrust of judges, ave led to statutory limitations upn their power in the conduct of rials in criminal cases which have lade the trial by Jury in this counry, and especially in the western tates, an entirely different institution rom what it was understood to be, t the time of the adoption of our onstitutions. In many states judges re not permitted to comment upon lie facts at all. They are not even llowed to charge the jury after the rguments of counsel, but they are equired to submit written charges o the jury upon abstruse questions of iw, with no opportunity to apply the ractlce concretely to the facts of the ase, and with the result that the uestions, both of law and fact, are ITgeiy leil IU lue umuiuitu aim UIIisciplined action of the Jury, inuenced only by the contending arguments of counsel. The restraint that he judge in the course of a trial 1moses upon the manner and conduct f counsel in an English court, is thus 'holly wanting, with the result that here seems to have been a substantial hange in the code of professional thics governing counsel, and in the xtremes, to which counsel, in the depnse of their clients, seem to think it m entirely proper for them to go. 'heir conduct makes neither for the ignlty of the court nor for the elevalon of the ethics of the bar, nor the xpediting of criminal procedure, nor nr the reasonable punishment of rime, "These circumstances reduce the osition of the judges from that place f power and usefulness, occupied by he English judges to one in which ho trial is largely conducted by the hief counsel for the defense, and hose present in court are made to ?el that the question at issue is not i> much whether the defendant vioited the law as whether the judge is iolating it." President Snyder of WofTord col?ge, in discussing the subject, "The lajesty of the Law," said: "It is a depressing thought to conider the low estate to which this oble profession has fallen in recent ears in the public mind. It has (.fit? urotui pilHUipitTB U1 jUBlltv cum equity are lost in the tangle of confusing trickery and complicated technicality. Outstanding leaders of the most intellectual of all professions, seemed to develop along lines on which men who ought to be the very high priests of Justice hold their brains as purchasable commodities for the causes that even threaten the integrity of human society, and in their hands the machinery of the law is expertly manipulated, to postpone and defeat the known ends of justice. 'Democracy is simply losing faith in the law and the lawyer, and the demand for the recall of judges and of legal decisions is only a symptom of its protest against conditions as they are, and a prophesy that one day it is going to take matters into its own hands, if the lawyer will not. If a layman may modestly venture an opinion, it would be for the common good, now and in the long run; if the profession of the law would re-adjust its ethical standards to meet the new conditions, simplify legal processes, free them from the dead hand of worn-out traditions, cut the enveloping net of needless technicalities, in which, to the outsider, justice appears too often to be strugglipg in vain to escape, and hasten the movement of the machinery of the courts. One thing is sure, the common good demands some sort of reform to maintain the majesty of the law, and it it does not come from within the profession itself, it is going to come from without it." In every age, the lawyer has played a conspicuous part in shaping the affairs of state; and in certain countries the legal profession has taken rank among the orders of nobility. r-> * I ?Vi.. r rum me luunccnui wnu ?j, uie bar of France constituted an order of nobility, known as Noblesse del la Robe, until the French revolution in 1789. The magistrates, who, as members of the parliament of Paris, represented the feudal court and council of the ancient kings, were selected from this order. Thereafter in 1804, Napoleon decreed the re-establishment of the order of advocates, assigning as a reason that it was "one of the most proper to maintain the probity, delicacy, disinterestedness, desire of conciliation, love of truth and justice, an enlightened zeal for the weak and the oppressed, which are the essential foundations of their profession." Among their privileges in Rome, the advocates were exempt from many burdens imposed upon others. After ceasing to practice their profession, they were admitted to the order of counts of the first rank. Ex-Chief Justice Parker of New York, who is an ex-president of the American Bar association, concludes an address as follows: "In closing I would emphasize anew the thought that, as the lawyer finds himself the beneficiary and heir of great privileges, which yield commanding opportunities, it is more incumbent upon him than upon any other, to recognize that those privileges and powers impose obligations from which there can be no escape, as, indeed, there ought not to be, except by meeting and welcoming them in the completest sense possible. If, at any time, it shall become apparent that the sanctity of the ballot is either threatened or assailed; if the administration of the law, whether civil or criminal, becomes either lax or careless; if the evils in Industrial movement manifest such power that they threaten monopoly, or put popular rights in peril; if the executive, the legislative or the judicial branches of our system shall, either by design or accident, tend to trench unduly or dangerously, upon the rights of any of the others, the one man who should resent and resist the dangers thus threatened, is the American lawyer. The traditions of his profession, the execution of the high trust confided in him, the example set him by great leaders through many generations, all demand that he should exercise tht. greatest watchfulness, and show the highest couraga" In speaking of lawyers' responsibility, Chancellor Kent well said: "The responsibilities attached to the profession and practice of the law are of the most momentous character. Its members by their vocation, ought to be-fitted for the great public duties of life, and they may be said to be exofficio natural guardians of the law, and to stand sentinel over the constitutions and liberties of the country." It was a lawyer who wrote the Declaration of Independence, promulgating the freedom and equality of all men before the law, and their Inalienable right to life, liberty, property and the pursuit of happinesa The groundwork and cardinal principles of the Federal constitution emanated from the brain of the lawyer. In the Fifth and Sixth amendments to the same constitution, which were passed at the first session of congresa providing for presentment before the grand Jury, against being twice put in Jeapordy for the same offense, against the defendant being compelled to be a witness against himself, against the citizen being deprived of life, liberty or property without due process of law; against private property being taken for public use without just compensation; providing that ?'?' 1 -MMitlnno the flraUMd id criminal |/iuocvuhivii0, ?-? shall have the right to a speedy and public trial by an Impartial jury of the state and district wherein the crime shall have been committed; to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to h&ve the assistance of counsel for his defense, are rights which now seem as if they had always been enjoyed by the people, but the framers of these two sections knew that there was not a right therein mentioned that had not been denied the people in the past, and that had not been bought at the price of the patriot's blood. We have faith in the legal profession and in the people, and firmly believe that they will yet co-operate to restore representative government. A curious novel appeared in the literary world a few years ago, to which its author had given the peculiar name of "She." It contains a weird description or English travelers landing upon the savage coast of Africa where they found marks of a rast civilization. There was the ancient stone wharf imbedded in the mud, and there was, also, the long-forgotten canal. It tells how they struggled up the lonely river, and across the morass of the city of Kor, then in ruins. Those of you who may have read the story will recall, no doubt, the vivid picture of the deserted and crumbling Temple of Truth. Within its inner court was a statue of the goddess, who once had innumerable worshippers. On a pedestal there was a magnificent marble globe, upon which stood a sculptor's dream of female loveliness. A veil was over her face, and her hands were extended in supplication. There it stood, divine amid the desolation, silvered in the moonlight which softened while it illuminated every outline- and thus it had stood for agefl. truth beseeching the world to lift her veil. In conclusion, our prayer is that when the Judges, the lawyers, the Jurors and witnesses, are called upon to administer the laws as a sacred trust in the beautiful temple which you have.this day dedicated, they may never forget that Truth is ever beseeching the world to life the veil from her eyes, in order that the sword of Justice shall avenge all wrongs, and that only the right shall prevail. George de Collgny of New York, who started thirty-five months ago from Bangor, Me., to sing his way around the world for a prize of $2,500, is now on the last lap of his Journey. He has traveled more than 30,000 miles. Another contestant is now a prisoner of war in France. The other two have disappeared.