Morning Oregonian., November 21, 1901, Page 10, Image 10

10
THE MORNING OBEQONIAN, THURSDAY, NQVEMBffR 21, 1001.
fflRBTlir BANQUET
''
Ml Oregon Bar Association
-a': Closes Annua! Meeting.
FINE'ADDESS BY D.M. DELMAS
Judce- J. B. Gleland. Elected Presi
dent, C. J. Sclinnbel Treasurer,
"" and A. F. Fleeel Secretary
Committee Sustained.
The Oregon Bar Association ended its
annual meeting yesterday. The session of
two days was the most successful ever
held "by the organization. The attendance
of members was not large; owing to the
lull amount of legal business on hand.
All the addresses were unusually inter
esting, and from the viewpoint of sociabil
ity the gathering was supremely satis
factory. The programme yesterday In
eluded addresses, electIon""of officers and
transaction' of unfinished business. In
the evening at 8 o'clock the members iOt
the association and its guests sat down
to an informal dinner at the Hotel Port
land.
Three" addresses were delivered In the
course of the day. Dr. W. T. Williamson,
of Salem, J. T. Morgan, of Portland, and
D. M. Delmas were the distinguished
speakers. All- received generous com
mondatlon from the auditors, and unan
lmous thanks from the association. In. the
afternoon the United States Courtroom
was densely thronged with listeners tc
Mr: Delmas.
In the election of officers. Judge J. B.
Cleland was chosen president, and C. J.
Sohnabe! and A." F. Flegel were contin
ued in their respective offices of treasurer
and secretary. Nine new members were
admitted to the. association. At the morn
ing session the dispute about the signing
of the St. Hayner certificate bobbed up
..again. The outcome of the discussion was
that the association voted Its entire con
fidence In the past and future action of
the -committee on grievances.
THE DAY IX DETAIL.
Association Standi by tlie Grievance
Committee.
The morning session began at 10:15
o'clock with about 50 members present.
The question which the report of the
grievance committee had raised the day
before in regard to disbarment of Henry
St. Rayner reasserted itself immediately
after the call to order. Zera Snow-stirred
.up. the question by saying that he
thought the grievance committee was en
titled to an expression from the assocla-tion'as-
to whether signing of the St. Ray
ner certificate was a proper act for mem
bers to take. The grievance committee,
lie said, should have this opinion, so that
it might feel that In carrying forward the
proceedings before the Supreme Court it
3iad the support of the association. .The
duties of the committee were delicate and
disagreeable enough, in the opinion or
the speaker, without further embarrass
ment He, added that he merely threw out
the '. suggestion as a member of the com
.mlt'tee add would not embody it in a
resolution.
Sir. Mallory desired. ,to have some action
; 'taken, and moved that 'the report adopted
'' the day before be lifted from the tablo
for reconsideration.
S. B. Huston hoped the motion would
not prevail, for he argued that If it did
so, the association would have either to
censure the members who ha3 signed the
certificate or approve their action. The
'association in his opinion should do
neither,""
Judge Bellinger thought the motion ill
advised. He said nobody should be cen
sured, for the action conformed merely to
an American habif of signing certificates
of good character. An accused person Is
entitled -to that kind of evidence. He
thought Mr. Mallory should withdraw the
motion.
. Mr. Mallory slad he did not make the
motion because he approved the sugges
"tlonorMr. Snow, but 'because he could
not see any other way of attaining a re
sult in the matter. He, therefore, con
sented to withdraw the motion.
Mr. Snow, however, objected. He said
he did not mean to censure anybody. But
the committee, he said, was entitled to
' the" moral support of the Bar Association.
He had been requested to present the
evidence to the Supreme Court, but he
could not consent to do so unless he re
ceived support from the association.
. F. V. Holman Interjected the remark
that the motion of E. D. Chamberlain or
the day before, to have the names of the
signing members put into the report, had
been voted down and the report adopted
-as it stood. He thought this action was
enough.
Mr. Snow objected that this did not
amount to Indorsement of the report. A
colloquy between Judge Bellinger, Mr.
'Snow and Mr. Holman followed.
C. J. Bright rose to a point of order.
He thought the discussion o.ut of order
because the report had ben adopted and
the matter settled. The report could not
be taken up again except by motion for
reconsideration, and reconsideration so
soon after adoption was out of order.
Judge Fenton quieted the dispute by proposing-
a motion that the association had
,thefulest confidence in the action of the
"comroHfee', 'and gave "Its support to all
xthe.work of the committee. . The resolu
tion was adopted unanimously.
' The association, thus composed, then
listened to the address of Dr. TV". T. "Will
iamson on "Expert Testimony." At its
'conclusion . the speaker received , the
thanks of the association.
J.T. Morgan then spoke on "The Law-
ycr in Public Life a Layman's Tribute
to the Legl Profession." He also re
ceived a unanimous vote of thanks from
tlie association.
At 12:15 the meeting adjourned.
Afternoon Sesaion'.
In the afternoon the association reas
sembled at 2:15 o'clock. A full attend
ance was present and the courtroom was
crowded. Mr. Delmas was Introduced and
made the occasional address. At Its con
clusion he received a vote of thanks. A
recess of 10 minutes was taken and the
association then proceeded to elect of
ficers for the ensuing year. The elections
were all unanimous, without a dissenting
voice. The following are the new officers:
President, J. B. Cleland.
;' Vice-Presidents: ;
t ' H.Ir Benson, first district.
' E. R. Sklpworth, -eecondf district,
Oscar Hayter, third" 'district.
'0.F.- Paxton, fourth' district.
T. A. McBride. flftKllstrict.
Jk H. Haley, sixth district;
w. L. "Bradshaw,. "seventh district. ..
r "- T. H. Crawford, eighth district.
M. D. Clifford, ninth district.
Secretary, A. F. Flegel."
Treasurer. C. J. Schnabel.
Executive committee:. S. B. Huston, W.
I. Bradshaw, F. P. Mays, T. G. Greene,
-.T, J." Halley.
. Geofge H. Burnett declined nomination
' for election to the executive committee. -0
F. V. Holman, chairman -of the auditing
committee, reported that the statement
.of-the treasurer, as submitted for adop
. ion. was correct. The statement was ac
, cepted and placed on file. )
"The committee on new membership, ap
pointed the day before, recommended nine
candidates for membership. The candi
dates were elected. They were:
- h. E. Latourette, G. TV. Phelps, E. It.
Sklpworth, G. C. Stout, I J. Adams, A,
I Frazer, "G. C. FulTon, C. C. Broirer and
J. H. Raley. ,
On motion the chair appointed a com
mittee of three members to confer wth
.other bar associations in the interest of
uniform legislation. The chair named:
O.. J. Kramer, S. H. Gruber and E. C,
Bronaugn.
It was suggested that the annual meet
ing might be held at another time of the
year when members would not be so busy.
F. V. Holman replied that it had been
found that one season of the year was
as busy as another and that' the present
time had been chosen after repeated
trials.
On motion of O. F. Paxton the thanks
of the asociation were extended to B. W
5 towel for reporting the meetings.
The meeting then adjourned.
MR. MORGAN'S ADDRESS.
A Layman's Tribute to the Legal
Profession.
J. T. Morgan spoke op "The Lawyer In
public Llfej-A Layman's Tribute to the
Legal Profession." His remarks were en
tertaining, and he attained several high
climaxes. The discourse was an outline
of the part lawyers have takn In the
constitutional and historical development
of the United States since independence
from England. Mr. Morgan .was listened,
to with close attention throughout. Sev
eral times his auditors interrupted with
applause. His references to James Otis
and Patrick Henry were especially capti
vating. '
Mr. Morgan, In his exordium, said that
he would attempt to refute a frequent as
sertion that lawyers have contributed
nothing to progress. He showed that the
political thought of the, "Nation has al
ways been moulded mostly by lawyers.
His peroration had a highly, oratorlcall
enect, ana at its conclusion tne members,
of the Bar Association, Including Judge
Williams, Judge Bellinger, judge Seara,
Judge Goerge and many others showered
congratulations.
Mr. Morgan mounted a high climax of
oratory to pay tribute to James Otis for
opposition to the mother country in the
matter of writs of assistance. . Patrick
Henry was also called forth to charac
terize the spirit of the legal profession
In Revolutionary days. Mr. Morgan said
that men of the bar, as represented by
these two patriots, had stirred tlie spirit
of the fathers of the Republic to resist
tho tyranny of England. These two men
were young lawyers. "Young lawyer?,"
said the speaker, "have always been fore
most In times of action or danger. All
hall, therefore, to the young lawyer."
The speaker then proceeded to the first
Continental Congress and its momentous
influence on the future. Of the 56 dele
gates, more than 20 were spoken of as
lawyers. The most active spirits of the
Congress belonged to the legal profession,
and to them is due the great work of that
assembly. The second Continental Con
gress, which proclaimed the Declaration
of Independence, was directed by a simi
lar body of men. Of the committee which
framed the document, every member ex
cept Franklin was a lawyer. Jefferson
and Adams, Its great champions, were of
the legal profession. Mr. Morgan said the
Declaration of Independence has not yet
expended its" force. It Js still a storehouse
of fundamental principles, an oracle to
which the Nation has always appealed in
disputes touching the rights of man. As
lawyers were Its formulating agents, so
great credit is due to lawyers for its ef
fects on the Nation.
The good of the Articles of Confedera
tion and the experience gained therefrom
Mr. Morgan attributed to lawyers. The
creation of the present Constitution to
take the place of those articles was large
ly the work of members of the bar. Of
the 55 delegates to the Constltutlbnal Con
vention, more than 20 were lawyers. Of
the 38 delegates who signed the Consti
tution, 15 were of the, legal profession.
The strongest advocates of the instrument
were lawyers. The Federalist papers were
written by Hamilton, Jay and Madison,
all lawyers. If Madison may be regarded
as such.
The speaker then cited history from that
time forward in terms of lawyers. Of 25
Presidents, 19 have been lawyers. Of 25
Vice-Presidents, 18 or 19 have been law
years. Of- 33 speakers of the House, 24
have been lawyers. Of 54 presidents pro
tem. of the Senate 40 have been lawyers.
Of 35 Secretaries of State, 32 have been
lawyers. Likewise have been members of
the bar 32 out of 41 Secretaries of the
Treasury. 27 out of 44 Secretaries of "War,
21 out of 34 "Secretaries of the Navy, 16
out of 20 Secretaries of the Interior, 23
out of 38 Postmasters-General. Of the
53d Congress, 10 per cent were lawyers,
and of the 55th Congress 60 per cent.
Thus from the foundation of the Gov
ernment lawyers have filled from one-half
tor two-thirds of the chief offices of the
Nation. And what Is true of the Federal
Government Is true also of the government
of the states.
Mr. Morgan paid a high tribute to the
judiciary. He said he had long since
come to look upon an upright Judge as the
most exalted character among men. In
this connection, as In several others, the
speaker released himself In strong and
highly evolved metaphorical allusions.
In seml-polltlcal life lawyers have played
an equally Important function. As au
thors they have given us many standard'
works on political and constitutional sub
jects. As writers of current articles they
have contributed to the thought of the
day. In political campaigns they have in
fluenced by their argument and swayed by
their oratory.
Mr. Morgan concluded as follows:
"Of the lawyer In our country I may
therefore say: He has been the defender
of human freedom, he has been the cham
pion of human rights, he has been the
organizer of governments, he has tbeen
the framer of constitut'ons. He has
graced the bench in the administration of
justice. He has frequently held the Chief
Magistracy of our great Republic. "With
his learning and genius he has enriched
the discussions of the lower Hou3e of, our
National Congress. He has given dig
nity, culture and respectability to the
JJnlted States Senate. He has cut an im
portant figure In our consular and diplo.
matlc service. He has often filled the Gu
bernatorial chair of our several states.
He has been a potential factdr In the
forming of our state governments. In
moulding their legislation and In the exe
cution of their laws. In times of public
danger he has been a tower ol strength
to our pebple. They have found wisdom
in his advice, and In his counsel have they
found safety. During our several wars he
has been among our truest, our bravest
and our best. Whenever the occasion re
quired he has been among the first upon
our fields of battle. Amid scenes of car
nage he has bid defiance to the gleaming
sword. He has led and cheered his com
rades on amid the fire and smoke of con
flict. Fearlessly he has listened to the
cannon's awful roar. TVlth dauntless cour
age he has bared his brow to the deadly
rain of shot and shell. In defense of
home he has freely shed his blood. In de
fense of country he has freely offered up
his life. He has proudly won the civic
wreath, and on his noble brow has oft
bpen placed the brown of martial gory.
What the lawyer has been in the past is
prophetic of what he will be In the fu-J
,ture. Wherever usurpers are to be re
moved from place, and tyrants from pow
er, the lawyer will be found on hand to
assist in the undertaking. "Whenever
"Liberty herself, fair Queen of peace, sweet
goddess of Joy, shall be assailed either
by open enemy or secret foe, the lawyer
will be found at het1 side, ready to plead
her cause, ready to fight her battles."
DR. WILLIAMSON'S ADDRESS.
"Insanity and Crime" From Stand
point of an Exprt.
Dr. W T. Williamson, of Salem, made
a highly entertaining address before the
Bar Association on "Insanity and Crime."
The facts set forth were of unusual value,
inasmuch, as the speaker drew them from
experience in the Reform School, the Pen
itentiary and the Asylum for the Insane
at Salem. -He insisted, that many criminal
acts are the result 'of Insane motives
which' cannot be resisted by their sub
jects, and which the loxal profession
Lawyers Who
- . - . -
tF " ' '
should not be too harsh in punisrung.
He Bald that criminality can often be re
sisted no more than Involuntary twitch
ing of the muscles, which it would "be
absurd to punish. The speaker mentioned
the influences of civilization, which tended
to preservo degenerates, whereas in a
state of nature these are eliminated by
natural process. It is not surprising,
therefore, that there Is an Increase in
crime and insanity. The speaker adduced
Interesting statistics showing the percent
ages of stigmata of degeneration of in
mates of the Reform 4 School, the Peni
tentiary and the Insane Asylum. He also
dwelt upon the weakness of the judicial
standard In Oregon, which determines re
sponsibility by the intellectual ability to
distinguish between Tlgnt and wrong.
Many Insane persons can distinguish be
tween right and wrong, but cannot over
come the incentive to criminality.
Dr. Williamson's conclusion was as fol
lows: . .. . . ...
"From the preceding, the following are I
formulated: First, there arepersons who
by heredity or environment are atrophies,
or otherwise affected physically, morally
or intellectually, whereby they have at
tenuated or absent responsibility for the
commission of crimes; second, besides the
conditions of full responsibility and" total
responsibility, there are all intermediate
degrees, rendering existing classification
and legal rules or tests difficult of appli
cation and even unjust; third, society de
fense and criminal reformation should be
the guiding prlclples, rather than the In
fliction of punishment, as such; and the
character of the individual as well as the
crime should determine the quality and
duration of the sentence; fourth, the
knowledge of right or wrong, as a test
of responsibility for crime, should be
enlarged by adding the criterion that the
accused must possess the power to do, or
forbear doing, the alleged criminal act;
fifth, experts as witnesses should not be
allowed to either the prosecution or de
fense, but should be called by the court
when necessary, thereby removing any
possible partisan prejudice of bias in the
opinions of experts; sixth, a separate
asylum for the criminal insane should
exist, where they should be detained suffi
ciently long to amplj safeguard commun
ity Interests; as also criminals who de
velop insanity subsequent to notable
crimes r and persons already committed as
insane In ordinary asylums who there
commit crimes."
THE OCCASIONAL ADDRESS.
Masterly Oration on Capital aud La
bor by D. M, Delmas.
The address of Mr. D. M. Delmas
before the Bar Association lasted an hour.
He was followed with great Interest
throughout the discourse. Appreciation
of his remarks found vent in prolonged
applause when they were concluded. He
said In part:
"Mr. President and Gentlemen: Along
the frontal frieze which surmounts the
Corinthian collonade of the Courthouse
whose foundations I saw laid the year I
was admitted to the bar of California,
and In which I have practiced for now
over a third of a century, runs the In
scription, 'Justltiae Dedicata.' And thus
fittingly and appropriately thus the ed
ifice in "which litigants and lawyers, juries
and Judges, were destined, to meet, and
have already so long met, is dedicated to
Justice. The consecration is not to any
achievement of man, but to an attribute
of God not to any ephemeral creation
of the human hand or mind, but to that
principle which by Immutable and univer
sal decree is, made inherent in human na
ture to constitute everywhere and for all
time the norm of man's conduct, the
source of all his laws, and the origin of
all his systems of jurisprudence.
"Though, durlng-the course of my IJfe,
my mind has often reverted to that in
scription, it never recalled it more vividly
than when, in consonance with the terms
of your courteous invitation, which ac
corded me entire freedom in the matter, I
cast about for the subject of the discourse
which I hold a great" privilege and a high
nonor to have been asked to deliver be
fore you. The city In which I live and
from which I have come among you had
then Just passed through a peculiar and
memorable phase of its history. Several
months before, some 15,000 or 20,000 work-.
Ingmen, members of various labor unions,
having, under orders of their leaders, de
clared a strike, had quit work. The
march of trade, industry and commerce
was thus brought to an abrupt-halt. Ships
outward bound rode sallorless at anchor
in the stream, whilst those which had
made port were moored at the docks, pow
erless to discharge their cargoes.
"In the tributary country, the newly
harvested products of agriculture lay
stacked In the open fields, exposed to the
Inclemency of the elements. It was Idle
to transport them to the seaboard; no one
was there permitted to receive them.
Factories were closed, and vast mechani
cal power and appliances were at rest,
the hands accustomed to set them In mo
tjon and qontrol them had-been condemned'
to inaction. Local transportation and dis-
Permitted THemselyes
tributlon-was brought to a standstill, save i
where a dray, truck or wasron. driven by I
Inexperienced men, moved under armed
escort. As the struggle lengthened Its
intensity grew apace. . Scenes of brawl
and riot became frequent. Upon the
slightest provocation the policeman's club
was wielded, or his pistol discharged,
often with merciless and not Infrequently
with 'deadly .effect. Retaliation In the
shape of murderous assault or murder It
self startled the community with Its atroc
ity.
"While these scenes were thus filling i
the public mind with apprehension and j
alarm, a committee of merchants, the
delegated representatives of the cap!
talist side of the controversy, sat be
"hlnd closed dbois, determined, according
to their wisdom, not only to reject every
overture looking to an amicable adjust-
ment. but to refuse to listen to any Dro-
posal of peace, or even to hold inter-
course with the representatives of labor.
Before this committee the chief magis- j
trate(of the municipality, coming in the j
tjiiro oi a mediator, nao. in vain asitea
leaVe to appear,
"Aiter 'months of suffering, after the
scant and 'precarious resources of the re
volted masses had been exhausted and
the point of starvation had been reached,
the employers achieved at last their
wlshed-for triumph. The spectacle of
famishing child, gaunt wife and desolate
home broke down the workingman's for
titude, and famine drove the laborer back
to his toil. Capital then abandoned Itself
to the contemplation of Its achievements,
reckoning the defeat or its adversaries
complete and the fruits of Its own victory
secure.
"But the end was not yet. Another act
of the drama was still to be played. A
JAMES T. MORGAN, DELEGATE TO SCRANTON.
James T. Morgan, who delivered a fine address Defore the Oregon Bar Associa
tion yesterday, was last Friday elected delegate by the Portland Federated
Trades to attend the general convention of trades unions of the United States,
which will convene In Scranton, Pa., December 5. He is preparing to leave for
that city. Mr. Morgan has been Interested in the uniona in this city for some
time. He Is well fitted to represent his fellow-craftsmen, and will be tho only
delegate, from this state. For the past three years he has been a resident of
Portland, and has attracted some attention by his contributions to the press, his
short address before the labor unions and his lectures on economic subjects, which
he has studied for a number of years. He Is a member of the Charter Commis
sion. The subject df Mr. Morgan's address yesterday was "The Lawyer in Pub
lic Life and a Layman; A Tribute to the Legal Profession." As to his course
In the Scranton assembly, Mr. Morgan says:
"I am specially Interested In the Chinese exclusion act, and shall use my In
fluence at this assembly to have It declare for re-enactment. My position on this
question is very well understood. I have written much for the public press of the
city on the subject. The question of child labor in factories will no doubt
come up at this convention, and on that I shall have something to say. It Is my
intention to start early and roach Scranton in advance of the opening of the as
sembly, so I can get acquainted with the officers and others who may be tlere,
and so that I shall be more in tonch with affairs at the start than I' would other--wtse
be. I shall not mix up in any of the contests for olflee, but shall devote
myself to these lines." "
- t C - - - - V - - -
to Be Heard hy tHe Bar -
few weeks after the strike was declared
over, a munlclDa.1 election was held, and
tne sinners ana tneir sympatnizers, as a
reminder that, though idefeatTed,' the ulti
mate power was still theirs, elected, upon
a distinctly labor ticket, their own Mayor.
They might have' done more. Had they
chosen, they could have elected all the
municipal officers from, their own ranks.
But, with noticeable magnanimity and
public spirit, they preferred to cast their
ballots for 'the re-election of better men,
selected from the tickets of the other
two regular parties, of whose capacity
and worth their past services had given
proof.
"It was while the memory of these
scenes was still green, while the reflec
tions to which they gave rise were still
agitating 'my thoughts, and while my
mind was straining Us-energles In efforts
to erasD the broad significance of these
events', the consequences they portend -and'
the lessons they Impart, that the old fa-
miliar inscription, Justitlae Dedicata, kept
besieging my mind, and that I deter-'
minea to employ tne moments wnicn your
attempt to Inquire what part justice Is
I destined tp perform in tne great social
movement of which this episode In the
City of San Francisco Is but a local and
transient manifestation. j
"Observing the course df events and
lOHuwuiB "i uiu ui evu.ut.uu. . yu-
lltlcal economists of the last generation
have with striking unanimity predicted
ln,yr?,n,fn tL wnrS 5 . J2 I
S!tn SCLm?i nninm!,. f h 1
solution of social and economic problems
transcending In magnitude and far-reach-
lng effects any of the changes wrought by
the political revolutions of the pasL
Across the threshold of the advancing
-- o
- - - - - - - - - t - - - - - - f-9
Association,
age they discerned two portentous forms
confronting each the other in an attitude
of mutual, repulsion and distrust. Whilst
In these they beheld the great factors of
all past progress. In their conflict they
could not fall to detect the chief menace
and the most formidable danger to fu
ture civilization. Yet, the nearer they
approached, the more Intense seemed the
antagonism to grow, the more Inevitable
the clash, the more appalling the threat
ened disaster.
"In their essential attributes there two
opposing forces presented to their eyes
nothing new. With the distinctive fea
tures of ..each the history of the past had
made them' familiar. Under changing
"forms and varying designations they
could discern their existence from the
very dawn of social organization. The
story of their struggles, their triumphs
and .their defeats, and the consequences
brought about by their alternating su
premacy or subordination constituted.
they knew, the annale -of the world. In
Greece they had been-called the select
anA tlwmultltude the aristocrats and tho
oi polio!; in Rome the patricians and the
plebeians; and in Europe, during tho feudal
age, the barons and the serfs. They were
known in France, In the day3 which pre
ceded the Revolution, the one aa the no
bility and clergy, the other as the people
np htrr! batata Tn 'P.Tii'lnnil thflv TVrf
rec0rnized as-the lords and the commons,
Th exj8ted amon us from the begmnlng
f Natlonal "tence. under the
I names of Federalists or Monarchists and
Democrats or Republicans. Today, In the
,.., . u .i.i n ii
?lvIllzed nat.lon. L0' ffiL 51 u a aI
temporary designations being laid aside,
th ha, aumcd at last their appro-
i j"" ."" ""-'& " -
111C UUVC1 W.1H.1I CttWi aiauua All., aim nun
call themselves capital and labor.
"What Is the end for which these two
mighty contestants are striving? What
the object for which their battles are
waged? To these questions the answer
seems tolerably clear. The party of capi
tal deem the possession of wealth the ulti
mate achievement and distinctive badge of
all excellence; In his capacity for Its
acquisition, accumulation and retention
they fit the standard of man's worth.
They see in wealth the ultimate goal of
all human exertion, make Its pursuit the
paramount business of life, find in its
possession the source of all human grati
fication and happiness, and reckon It the
supreme factor In controlling the affairs
of the world and shaping the destinies of
mankind. Dividing the human race Into
two classes themselves on the one side
and the rest of mankind on the other
they relegate to all outside themselves the
lot of working for them. Maintaining that
by virtue of their acquisitions- they not
only have the right to appropriate unto
themselves the fruits of others' labor, but
that to question that right Is to subvert
the very foundations of government and
imperil the cause of all social organiza
tion, they proclaim that the Inequality of
man Is the resultant of the laws of Nature
herself; that upon the perpetuation of
their own power and the maintenance of
unquestioning respect for their own privi
leges depends the fate of all present and
future civilization; and that all efforts to
abolish the distinction between the classes
all schemes of philosophers or lawgivers
to establish equality of rights among men
must Inevitably arrest the march of prog
ress, lead, through confusion and an
archy, to retrogression and ultimately end
in the decay of the social organism.
"By economic equality they mean no
such Utopian absurdity as that each man
shall be as rich as every other man, and
that no one shall be permitted to be
richer; nor that. In order that all may
be equal, any one shall be compelled to
surrender for the benefit of another the
fruits of his own labor, or the legitimate
reward of his own economy, thrift or seir
denlal. By economic equality they mean,
on the contrary, that each man shall re
ceive and appropriate to his own advan
tage the full fruits of his own individual
labor; that, in case of co-operation, the
resultant benefits shall be shared by all
the co-operators In proportion to the
worth of each; and that in no case shall
any man be permitted, without yielding
In return a just equivalent, to appropriate
for his own enrchment the surplus value
of the labor of others. By economic
equality they mean, in fine, not equality
of
if achievement In the struggle for exist-
:nce, but equality of social and economic
ence,
opportunities in the rivalry of life. In
the full fruition of their longing toward
this complete equality both political and
economic they behold the legitimate re
sult of the teachings of the soundest
moral and political philosophy, the true
greatness of nations and the consumma
tion of the doctrine of man's brother
hood which constitutes the very founda
tions of the Christian religion.
"Manifestly, then, the goals for which
each of these two classes are contending
are wide apart. The aim of the party ot
capital Is the ordaining and regulating ot
the affairs of the world through the power
of money for the benefit of the moneyed
class. The object of the party of labor is J
the government -of society through the
principles of equality for the benefit of
mankind. If either of the&e two contend
ing forces is to achieve supremacy, which
shall it be? Or, the aim of each being un
realizable, is neither to achieve It? And
If so, Is there a middle ground upon which
the struggles of both are destined to end
upon terms of mutual concession and com
mon advantage? These are the questions
of the age. All attempt to- answ- r them
obviously involves at the threshold an
inquiry into the relative present strcrtn
and means of operation of each."
"The sudden ascendency of capital lrt
the United States during th last fca.C
century Is little lessthan startling 'lhe
concentration of wealth, .In the hari3 of
a few men has- exceedeVl in rapidity n&
magnitude anything ever witnessed Ir the
past. A handful of individuals have net
only already amassed during their life
time private fortunes of almost fabal us
dimensions', but openly and almost avow
edly seek to control In their own intr.Dt
the whole vast field of nianufneture, com
merce and finance of the Republic. Ln
der the contol of these men .the great
elements of modern Industry, coal. Iron
and kindred products, have already
passed, and the main avenues of trans
portation by land and .by sea are rapid
ly passing. We hear of, and naturally
must expect,, rapidly maturing plans by
which through a perfected system of
banking, the circulating medium of the
country shall be subjected to their dicta
tion.
"The Influence which this power wields
In the affairs of the Nation Is- as stupend
ous as it Is unprecedented. It controls
political action, shapes legislation, onolda
financial policies, dictates wars, formu
lates the terms of peace, and while pre
serving the external shape of a Repub
lic, transforms a government originally
designed to be carried on by the people
for the common benefit of all, into a mero
TOoney-ma.kIng machine, controlled by
commercialism and operated In its Inter
est. The results are already manifest. In
the presence of this colossus personal in
dependence and individual enterprise are
not only discouraged and dwarfed, but'
absolutely paralyzed. Holding" in n
mighty hands the. fates and fortunes of
Individuals, to attempt to disobey its dlo
tates or thwart Its will by individual
effort is but to Invite Individual ruin. And
thus, to all appearances, are the life and
fate of the Republic rapidly passing from
the hands of American freemen into those
of financial oligarchs. ...
"Two great stages In the progress toward
equality are thus already passed. Is the
third at hand? The ISth century, begin
ning with government founded everywhere)
upon qualifications of class, religion antf
property, ends with the germ of equality
planted by the authors of the Declaration
of Independence and tho framers of the
first constitution of New Hampshire. The
19th, cherishing and fostering that germ
at length gives birth to political equality.
Is the 20th pregnant with the last off
spring of the portentous progeny? Is it
written that its generations shall not pass
away before the hour of final deliverance,
when economic equality shall have birth?
Such Is the hope, the belief, the ultimate
aim of the party of labor. . . .
"But where "shall the means bo found
to end the conflict and brine about the.
social Tjeace? They -must bo sought. I
venture with great deference to suggest,
in the moral nature of men, and found in
the development to its hichest degree of
the noblest of his virtues, and tho most
Godlike of his attributes justice. The
accents at whose bidding the raging waves
now surging in stormy contention shall
be stilled will not be heard in the enact
ments of law-givers, nor in the orders of
military commanders, nor in the edicts
of civil rulers, nor In the clamors of revo
lution, but. In the still, small voice sum
moning mankind to a higher sense of duty
and Instructing them In the wisdom of a
purer happiness. The solution of this,
as of all other human problems, must be
found In the laws of eternal and Im
mutable truth. And In the regulation of
human conduct, what truth is eternal
and immutable, if Justice Is not? . . .
"The time is at hand, I firmly believe,
when the development, the training, the
strengthening of the moral faculties shall
be deemed to constitute thfr essential
and most principal part of man's educa-,
tlon; when teachers shall' consider tnat
they have higher duties to perform than
to equip their scholars in the art of
achieving financial success; when the real
philosophy and the true science of life
shall be looked upon as the paramount
lesson to bo 'taught, and the prlrclp'.es
and rules of right conduct, contemplated
from an ethical, and not the methods of
successful conduct, viewed from a money
making standpoint, shall be considered
as the lesson above all others to bo
learned. I look forward with confidence
to the day when In colleges and universi
ties the chair deemed in point of dignity
and lmportance-to occupy the highest rank
in the -academical hierarchy shall be tno
chair of moral philosophy. I am con
vinced that the hour Is fast approaching
when the world will appreciate at its
full value the pathetic instruction imparted
By the history of the labors of the great
.philosopher of England the greatest, in
my humble judgment, of the philosophers
of any country, or of any age. It will
then recall that, when In his 70th year,
Herbert Spencer, feeling that his strength,
was falling, fearing that life might not
last to complete in Its logical sequenco
and preappointed fullness the vast sys
tem of philosophy which in the vigor of
manhood he had planned, broke off from ,
the prescribed order so that he might ded
icate to the crowning of the truncated
edifice the remaining hours of capacity
vouchsafed him; and, declaring that to
be the part of his contemplated labors to
which all others were but preparatory and
subsidiary he hastened forward to the
writing of his treatise on justice. And
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