« AnteriorContinuar »
the duty which they owe themselves and others is may be. In every department of intellectual, moral the work of a religious teacher merely; that if a and material activity, progress is to be seen; for demand were made upon a man, for example, to be science has invaded every system. It has created honest and sincere, that would be preaching; but the physical sciences and has constantly advanced it is no longer so in fact, In the name of science them by overturning old theories and suggesting the strongest emphasis is laid upon certain pre- and establishing new ones. It has penetrated the requisites in arriving at one's duty as a citizen, and sacred retreats of religion and has demanded that among them integrity is fundamental. Recently a the pestilential atmosphere of superstition be driven dozen prominent lawyers in New York city were
out by opening doors and windows to the pure air interviewed by a newspaper reporter as to the con
of nature and of truth. It has revealed the hidden ditions of success in their profession and all agreed | things of life and has constructed a history of the that integrity, “bomb proof integrity," as one ex
by-gone ages, ignoring the formerly uncertain bounpressed it, is absolutely necessary. Industry, com-dary between the historical and the prehistorical mon sense, influential friends, and what is called past. It has dissected morals and social relations, “luck,” may seem to have had an important in- and would even dare to look into the future and fluence in the success of many; but whatever else predict the result of the forces at work on our demay be lacking, integrity is absolutely essential.velopment. That which hitherto has been demanded If I were to attempt to direct you toward true suc
and advised in the name of religion is not now cess I would emphasize more than any other virtue necessarily so presented. From a purely scientific in your professional life intellectual and moral in- standpoint, ethical rules are now prescribed as estegrity; and in directing your attention to your sential to proper development — not because they duties as a citizen I start with integrity as the first, have a supernatural origin or a divine indorsement, the most important element. It is needed to-day
but because man has discovered working upon huin public life as well as in private affairs; it should manity - molding it into families, tribes, states, determine every man's attitude toward the public nations – ethical forces quite as real as gravitation as well as toward his private friend and client- and as persistent as physical motion. It is because not alone fidelity in handling public funds, for im- science has revealed the greatness and importance portant as that undoubtedly is, it is coinmon and of the future of the race in this world that every comparatively of easy fulfillment; but honesty in man's attitude in society becomes to him full of digmolding public opinion, in discussing public
nity and seriousness. Fundamental convictions are measures and public men, which, desirable as it is, thus important. A danger perfectly evident is is unfortunately not common and is most difficult oftentimes easily avoided. There is one for examto cultivate and maintain.
ple, strangely enough, clearly seen in the extraordiThere has been forced upon our attention lately nary conceit of some really scientific men; those the dangers which beset the onward march of a who see no hopeful future for the race. The present democratic republic in which the rights of the indi-drift in certain places towards pauperism and igvidual have been emphasized and recognized to an norance; the slow advance towards a better civiliunprecedented degree. Unlimited suffrage, with zation, stamp it all as a failure, in the minds of unlimited immigration, has put our faith in the peo- many; and for the future there is no hope. They ple to severe tests, and has made possible the growth lose sight of some very evident facts. Life started of extremely dangerous power in the hands of un- in cells without organization. It has developed scrupulous politicians, which has become a serious from practically nothing to the present civilization, menace to our institutions, and which, unchecked, which is surely better than that, say, of the cave would surely ruin the republic. But this should be dwellers. Life is still at work. It has had the help far from dispiriting; for great dangers call forth
Its law of progression was not the great patriotism and heroism. The greatest bless- handiwork of any man. Indeed, for ages it was ings are won in the face of the greatest evils. not consciously recognized much less studied. The Without gigantic struggles great progress has never present bewildering mass of struggling humanity is marked the upward course of humanity. It is to work out a future, and some scientists cannot see toward the establishment of a pure government how it can be done; as though they had it all to do. in order that the liberties left us by our noble an- Man may collect facts, suggest hypotheses, establish cestors shall not perish — that every individual citi- theories, but he cannot create a single force. zen with any appreciation of the dignity of his Man then must not despair. That which brought citizenship is called to struggle. The result is not out of chaos the glories of the past and present doubtful. All the analogies of the various depart-civilizations will be able to produce and will proments of human activities point to success, however duce in the future correspondingly greater results. discouraging intermediate and temporary failures Our business is to do our duty, and let that be determined by a hopeful, not a desponding, philosophy. our side of earth to-morrow; and since the forces What could be more unhealthy than the position of which have developed man are righteous, the man those who would even crowd all reverence out of who has no faith in the people—that is, the man our lives.
· Reverence!” cries one, “it is the off who does not believe that righteous principles should spring of superstition!” How dreary and hopeless govern in all work done for mankind, and who has such a conviction! Go back in thought to the no confidence that according to the laws of nature nations living on the shores of the Mediterranean those principles will produce the best results—is before our era. Art, philosophy, literature, oratory simply ignorant and incompetent and unworthy to and religion-all were there flourishing and reached be followed. You will often hear from some of our perfection before the scientist was born into the poor deluded practical” politicians, who think a world. Toward those ideals actually realized by trick is better than the ten commandments in the great Ancients we have ever struggled. They politics, their bitter scorn when they hear of men have seldom been equalled, vever surpassed. Hope, insisting that their party should be true to righteous faith, courage were not then dying under the torture principles. As though these were only advocated of scientific scrutiny—but were they not real ele- by theorists who know nothing of the real but only ments of life? They exist to-day. They have their of the ideal state. Poor mortals! They can foreevident design, to keep men from despair and the tell the weather from a red sunset, but they have race from extermination.
never so much as thought that the powers of nature, The growth since so-called classical times has often disappointing in the matter of the weather, not been in philosophy, literature or art; it has been act with terrible certainty in the realm of morals, perhaps alone in altruism, as some moderns think, and that no individual or party or people can long and in the physical sciences. But the reason for exist if the moral laws are defied. This is known that is clear. If the modern method of some to science, for bistory teaches it. The “practical” scientists had come first there would have been no politician who laughs at it simply shows his pitiable, art, no literature, no oratory; for there would have though at times exasperating ignorance. been no myths, no religions, no imagination, no faith, Upon the lawyer of to-day is thrust a large measno hope, no love, no race. I mention these things in ure of responsibility in this matter. The history of order that we can see from this hasty glance at the our country shows the importance of that profespast that it was not intended that we should de- sion in molding and directing public opinion, legisspair. We stand linked to that past and to the lation and the government itself. For evident reafuture. Our present is noble and serious. In the sons, the lawyer is called upon to act for the larger evolution of society a republic with civil equality client
as well as for the private litiand liberty has grown to be the most important of gant. He becomes at once an important factor in . any of the forms which organized human life has political life. From his intelligence and moral entaken. It has developed out of the aspirations, lightenment he knows what is wrong, what is indisstruggles and sacrifices of our ancestors. It is ideal putably vicious and corrupt, and what is right and in its thought. That it may not be too perfect for helpful. Will you denounce the wrong? Will you the imperfect beings who are its subjects is the hope avoid deceit ? Will you hate hypocrisy ? Or will and desire of every lover of his fellow man.
you, for money or advancement, or power, or posiWhat has all this to do with a lawyer's duty as a tion, or office, or anything, publicly declare what citizen? It has this bearing: As a citizen he is first you do not believe, or what you know to be false ? to be honest, and second, he is be hopeful, with If you go to a caucus will you support an unworthy a profound faith in the evolution of humanity toward candidate because you think thereby to gain some a higher and nobler civilization. These things are politician's favor? If you do, you will be dishonfundamental. If he has not integrity and has not est. You will never, in that way, get satisfying faith, he will fail in his duty as a citizen. With success, and you will be aiding those forces at work them he will be able to know his duty; he will be to demoralize society and disrupt the State. Will qualified to judge as to measures and will know you go to a convention and help to nominate for whom to follow, and, if a leader, how to lead. office anyone that you would not, in a private conWithout faith in the people he can not read aright versation with a friend, say was free from serious the signs of the times; and since faith in the people objection ? Will you take the stump and advance means simply confidence in those forces which have arguments which you know are not sound, and so developed mankind out of unconscious, non-intelli- deceive the people? If you do, it will be because gent protoplasm; and since faith that those forces of some object in view which could not be attained will continue to work, developing man and society, if fully known. To do that, is to be intellectually is in kind not different from the faith that teaches and morally an infidel. If you go to the legislature us that the sun obedient to gravitation will shine on will you, for party reasons, oppose measures which
you know and your party knows are just and bene- that many, very many politicians, while they would ficial, and will you advocate, in the name of reform make good farmers, and as such would have a very or otherwise, legislation which you know is vicious profound respect for nature and her laws, have aband which has no ultimate object except temporary solutely no conception of the realm of morals in party advantage? The man who does this is not which the spiritual forces of nature are ceaselessly only a hypocrite, but a fool. He is sowing dragons' ready to operate upon the minds of men if only teeth which will spring up suddenly into an over- given a chance—and so these blind leaders attempt whelming host, but which cannot, by any stratagem, to invent a nature all by themselves, in which any be turned from crushing him.
plausible scheme, however dishonest and unnatural, Why should any man try to aid his party by dis- may be adopted successfully. They think it must honesty, by hypocrisy? One's party will be helped be practicable, inasmuch as they cannot see, being best and strengthened permanently by the truth, not blind, how the honest method of nature will work. by a lie. It is only the time-servers, the intellectual The result, in the end, is invariably absolute failure. dwarfs, who think that this universe is founded on Of course, how could it be otherwise ? A wise man deception, and that the path to life's goul must be once said, and if you forget everything else spoken so crooked that no one could ever follow and over
to night, do not forget Dr. Johnson's words: “Man take an ambitious man to rob him of his success. cannot so far know the connection of causes and It is the truth that makes men free and powerful events, as that he may venture to do wrong in orand great. The intellectual imposter, the hypocrite, der to do right.” the man who knows what is right and advocates The danger of being disingenuous in public affairs the opposite, whether be be a clergyman, editor, is very great to a lawyer. In his private practice he statesman or lawyer, is unworthy the dignity of liv- is expected to protect his clients' civil rights, and ing in this age. The extraordinary distrust exhib- too often to advance his clients' civil wrongs. So ited by many men charged with leadership, of the long as any plausible argument, whether believed reliability of nature to work out riesirable results in in or not, can be made, he makes it. This is the men and in communities, has fortunately no parallel actual working of a lawyer's profession as a rule. in the material affuirs of life; else we should find However indefensible it is, it is very generally pracfarmers neglecting their ploughing and sowing be- ticed. A lawyer wants to win his cases, and if a cause they cannot have the control of the marvel- sophistical argument will do it, that argument is ous metamorphoses in earth’s laboratory, fearful lest employed. When the lawyer becomes a politician, without their constant manipulation the richest soil he fancies that the way to become famous is to win would be barren. “What will be the result of every time, otherwise bis client will think him unsuch a step?” exclaim they, when some eminently skillful; or, at any rate, if he does win every time, fair and honorable course is advocated. “It is bis client will think him very clever. Just there right in the abstract, but we shall estrange this one he misses the distinction between the selfish, hardand that one, and this body of citizens and that fisted, soulless client, who only applauds every large borde of voters, and we shall lose.” There- personal advantage, and the public, which cannot upon some unprincipled make-shift is advocated, be deceived for any length of time, and which calculated to deceive somebody, and just how every counts the clever lawyer or politician who wins by rank weed will shelter the timid and sickly grain trickery only a clever rogue. The people love jus. next to it until maturity, and how absence of sun- tice and truth. The man who would gain their light and warmth will keep the fields from drying confidence and respect and the honor of their adup, and how a steady drought will keep vegeta- miration must be of “bomb-proof” intellectual intion from rotting, and how the harvest will be se- tegrity. The lawyer who takes part in political cured according to their denaturalized methods, affairs, whether to a large or small extent, whether will be glowingly and wisely set forth. As the gen- in important or in trivial matters, owes to the State, tle dew, the pure sunlight and its invigorating to the public, to his party, a solemn debt of honor warmth are furnished by nature, or, if you prefer, to be sincere, to be honest, to be truthful. If he by nature's God, to bless and make fruitful the does not discharge it - if he, for any reason, plays earth, so are honor and truth and devotion to the the demagogue he belittles himself, and the peopeople's highest good provided by the same Crea- ple know it; he is false to patriotism, and an intor to vivify and magnify the human race. What jury to his party. So I submit integrity as a lawdo you say of the intelligence, to say nothing of the yer's first duty as a citizen. moral sense, of a man who would disregard, or of a A second duty which a lawyer owes to the State party which would spurn, these means in the at- is to take an interest in public affairs. He need not tempt to gain fame, or power, or the control of become a politician; he need not run for any office; public affairs ? It is true, and you will find it out, but he can be interested in what is doing politically. If he be a man of integrity and of moral Let us have for bosses, that is men who are to give grit his influence will be felt. There is no excuse us our laws, men whom we elect for that purpose. to a man who can advance by a little effort the wel- | Then we can turn them out when they do ill.
But fare of his community, but who will not make the a monarchial boss, who has often more power than effort.
any constitutional monarch in Europe, holds no A third duty which a lawyer, as a citizen, owes
office; and as votes did not put him into his “bed his commonwealth is to hasten the abolition of feu- of justice," votes alone cannot turn him out. dalism. Feudalism has never gained recognition
Agitation will do it. Citizens can do it. But so with us as to estates in land. We boast that all long as citizens for the sake of a nomination to tenure in this country is allodial; that is, is not sub-office will submit to such debasing slavery, and for ject to a superior lord. But all that the feudal lord such a bribe will make no protest against any could claim was work or military service, or rent;
menace to our institutions, just so long will we he could not and did not claim his tenant's soul.
suffer from the natural effects of intellectual and But there is a feudalism in our midst more degrad-/ moral serfdom. This is work to which every ing than that which, under monarchies, was almost young lawyer is called. It is the call of the peoa necessity; it is feudalism in politics. You know ple. You can heed it if you will and if you are
brave. that formerly a tenant of land, even though a freeman, holding an estate under the lord of a manor,
The invitation to you as citizens at this time is was known as 'the lord's man," and to keep his
then to integrity; to an active interest in public
affairs; to political freedom. The brave man will property he had to render certain service. That is all abolished with us, but, now, our chosen repre- back. The honest man will not accept a bribe.
respond quickly. The loyal man will not look sentative in government is too frequently some
Who can refuse to respond without shame? The "boss's man." His tenure of office is conditioned
results of such an enlistment can be very surely preupon his rendering service or paying tribute, or both, to his boss; and under the people's repre
dicted — honor, self-respect and the gratitude of
posterity. Because the evolution of society is in sentative" are serfs and villains (in the modern
the hands of God, working through the forces which sense) who perform such service and pay such tri
are superior to us and against which we are powerbute as their superior may require. These services are often of a demoralizing sort. They are adapted complished by righteousness and can be delayed
less; because this onward development is to be acto one sole end the establishment of the boss's
only, not defeated, by cowardice, hypocrisy and supreme power. To that everything, everything selfishness; because you owe it to your country, must give way. The test of fitness is displaced by
your homes and yourselves, I urge you all to bear that of subserviency; one's loyalty to party comes
in your minds and hearts at this early but critical to mean one's loyalty to one's immediate superior in
time in your careers the sacred obligations which the system, and resistance is party treason. The
rest upon you as citizens of our republic. first sign of an independent, intellectual life, which, allowed to develop, might grow into a genuine fitness for the position held, is looked upon as danger
MASTER AND SERVANT. ous to the monarchy, and a more pliable tool soon
An address delivered at the Woman's Law Class of the Univer. takes the protester's place. Independence, integrity,
sity of the City of New York, by CARRIE CARRINGTON, M. L. common honesty are the rent given up under this, our
ПНЕ modern American feudalism, and it is not too much
been productive of most important discussions to say that under it a man is expected to give up and decisions as regards the law of master and serhis soul. Do not imagine that the occasional pro
vant which have arisen in this country. There is tests of the people, as shown by one year's vote, great confusion upon the question who is a felloro render future activity unnecessary. So long as we
servant, not only among the courts of the various have a large illiterate and ignorant vote in our
States of the Union, but even among the various cities, just so long will scheming political “leaders"
courts of this State. In fact, it is somewhat diffiply their trade, and just so long will they have an
cult to reconcile the decisions of our own Court of organization, and at its head will be the king of Appeals upon that question. It has generally been bosses. His effrontry will grow with his power, held that a master is not responsible to his servant and shortly he will take, not unkindly, Agamem- for acts done by a fellow servant in the same line of non's title, “ King of Men.”
employment. This brings about a revolt and he is overthrown In Filbert v. D. & H. Canal Co., 121 N. Y. 207, only to be succeeded by some one else of the same the Court of Appeals, reversing the Superior Court breed. Down with the feudal system in politics. I of the City of New York, held that a servant who
was repairing the roadbed of a railroad was a fellow of the cook in not properly cleaning the copper servant of a servant who was coupling cars on the vessel used in the kitchen; of the butcher in suproad; while the same court, in another case, held plying the family with meat of a quality injurious that a train despatcher and a man working on a to the health; of the builder, for a defect in the train were not fellow servants (see 53 N. Y., 549); foundation of the house, whereby it fell and inand in Potts v. N. Y. Central, 136 N. Y. 77, the jured both the master and the servant by the Court of Appeals held that a brakeman who was on
ruins." a train of cars which was coming into a station was In none of the instances cited by the learned a fellow servant of a man who was inspecting cars Chief Baron would the servant have a cause of in the station.
action against the master. When the question first It is difficult to see why, if the man that de- came up in this State, in Coon v. Syracuse & Utica spatches a train is not a fellow servant with a man R. R. Co., it was decided without discussion on the who is working on the train, it should be held that authority of Priestly against Fowler; in fact, a brakeman on a train of cars was the fellow Priestly against Fowler is the authority for all the servant of a man who was inspecting cars in the sta
cases in this country on that subject. In this contion. In view of the conflicting decisions and the nection, it may be well to call attention to contracts different distinctions made by the courts, a law limiting the liability of the employer for negligence should be passed to the effect that a corporation or
to bis employe. Surely such a contract should be other employer should not avail itself or himself held to be invalid. In fact, such a contract was of the defense that the injury was caused by the beld to be void as against public policy by the negligence of a fellow servant.
Supreme Court of the United States. The question There is no logical reason why such a law should has never been determined by the Court of Appeals not be passed. The distinction at best was an ar
in this State. That court said, in Purdy v. Rome, bitrary one and was not invented or even discovered
W. & 0. R. R. Co., 125 N. Y., decided in 1891, until 1837, when the case of Priestly against Fowler that upon that question it desired to express no
In that case, the contract of was decided by the Court of Exchequer in England opinion at that time. (see 3 Meeson & Wellsbey, p. 1) upon, as Lord Ab- exemption from liability was made after the con“General Principles.” The reason as
tract of employment, and the court held that it signed by the learned Chief Baron for the decisions
was void for want of consideration, and then said: of the case bring a smile to the face of a mod
" In thus deciding, we do not intimate that if deern lawyer. He started off by saying that it was
sendant had given some kind of consideration it adınitted that there was no precedent for the would have been valid.” And in the case of Mynard present action by a servant against the master, and, v. Syracuse R. R. Co., 71 N. Y., the court said that therefore, the question was to be decided upon a contract of shipment by which the defendant, a general principles, and in doing so, the court was common carrier, in consideration of a reduced rate, at liberty to look at the consequences of a de
was released from all claim for any damage or injury cision one way or the other. He proceeded to look from whatsoever cause arising, did not include a at the consequences of a decision, if it was in favor loss arising from the carrier's negligence, and that of the servant.
for such loss it was liable. “If the master said he be liable to the servant in As the law now is, it is the duty of a master to this action, the principle of that liability will be furnish reasonably safe appliances for the use of his found to carry us to an alarming extent.
servant; to provide a reasonably safe place for bim If the owner of a carriage is responsible for the
to work in, and to supply competent and skillful sufficiency of his carriage to his servant, he is re
servants, and a sufficient number of them, for him sponsible for the negligence of his coach-maker, his
to work with, and he should not be allowed to avail harness-maker, or his coachman. The footman who himself of the necessities of his servant in order to rides behind the carriage may have an action escape liability for his neglect in performing the against his master for a defect in the carriage, owing duty imposed upon him by law. to the negligence of the coach-maker, or for a defect If a master can escape liability through such a in the harness arising from the negligence of the contract, he will not use that degree of care reharness-maker, or for drunkenness, neglect or want quired from him by the law; and through failure of skill in the coachman. The master, for example, to use such care, the safety of the citizens of the would be liable to the servant for the negligence State will be endangered. of the chamber-maid for putting him into a damp It is for the interest of the State that the lives bed; for that of the upholsterer for sending in a and limbs of its citizens should be protected; and a crazy bedstead, whereby he was made to fall down contract that takes away such protection is against while asleep and injure himself; for the negligence i public policy, and void.