USA > New York > Erie County > Buffalo > Memorial of the city and county hall opening ceremonies, Buffalo, N.Y. > Part 11
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Brethren, fellow-laborers and soldiers in a good cause, I shall in the few moments allowed me by your Chairman, endeavor to impress upon the younger members of the Bar two or three ideas. If I can daguerreotype them upon your own minds as they have presented themselves to me a thousand times I shall have
ACCOMPLISHED MY PURPOSE.
Gentlemen, mention has been made of the older members of the Bar; I am now among the oldest; I think I rank my friend Bab- cock, I know I do in age; I think we came into the profession at the same hour, having been admitted in the same class; I say al- lusion has been made to the past, and sometimes apprehension has been expressed, whether the coming generation and other genera- tions to come, whether they will fulfill their duties as the gentle- men who have gone before have fulfilled theirs; upon that subject I have no desire to speak. I shall dismiss that subject without a single fear. The generation that has gone before us has fulfilled its destiny. They have run their career and performed their duties and offices well. Let me say of them, that their career and their style of doing business was quite different from that which now exists. Well do I remember when I first entered the profession and before that, of listening to the great men, whose names we have heard to-night, and others that I remember, but their style was dif- ferent from what it is now. I have often been asked the question from the gentlemen of the present day, whether they were equal in talent and equal in ability to those of the past forty or fifty years; and have invariably answered, yes, but the style of doing business has changed, and the men who made great reputations then as advocates would hardly be able to make a living now in this age of lightning and railroads. These men required not an hour only to sum up a case, but it took them a half an hour to pronounce their exordium, and then they went into their narration; then, stating the case briefly, they went into their argument, and then the pero- ration must be well considered. Not so now. I believe that if some of our ancestors, whose reputations were as wide as the State, were to return to the city of Buffalo, they could not get a living in the profession. It took time for them to get started, and to make a great speech they wanted from three to five hours. You sum up a case in an hour. In that case that was tried out here in Genesee, the Grays, that was in my time, John Griffin, made a speech of five hours on Saturday, and run down within five minutes of Sunday morning, and then the judge stopped him and said: "I regret that this speech is not ended, but this case must go to the jury before Sunday, and I regret that I have
NOT TIME TO CHARGE THE JURY."
.And John Griffin got up, and said, "I greatly regret that I have not a couple of hours more in which to finish my speech." Upon this episode the case went to the Court of Appeals.
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I have said enough on that subject ; I want to say a word in re- gard to the changes. Has it been better ? Has it been a desirable change? I answer, yes, it has been a valuable change. You now come at once to the point that is to be decided by the jury. You come directly to it, and you discuss the evidence and the judge sits and listens, and the lawyers are not allowed to take as wide a range as anywhere between the heavens and the carth. You come at once to the matter in the case. This is an age of business. We have not time to throw away that may be used trying causes. Has the change been beneficial? I say, yes. I have been asked a hun- dred times in my own courts whether the cases are as well tried now as when the old lawyers used to try them. I say that they are. I will not say why. You will discover the reason why the cases are better tried now than they were then. We come right to the point and the judge comes to the question, and the jury renders a prompt verdict.
Gentlemen, I am nearly through; I want to present another idea: your calling and your profession is the most exalted one that you can have in this land, except perhaps that of the ministry, which teaches us the way of salvation. There is no class of men that are more honorable and honest than the legal profession. You should strive to maintain this reputation, and to exalt yourselves in your high profession to which your duties call you. Among your duties is that of educating the courts. It is that of educating the judges. It is the duty of the Bar to educate the judges. You all know what I mean. It is your duty, you are called upon to ad- dress the judge, to inform him, and he in return informs the Bar, and it is in this respect that the reciprocal relations go on. Gen- tlemen, you are called upon to take an interest in all the affairs of society; everything comes under the observation, to a cer- tain extent, of the legal profession. You are called upon to per- form these high duties; you cannot do it with intelligence, without humility. Your profession is one of great labor.
THE LAW IS A SCIENCE;
it must be wooed and won; the law will not come and surrender itself and place itself in the possession of any man unless he wishes it, unless he is to maintain the structure and promises his proper vigils, in order to invite the law, that the law may come and take up its abode with him. You must make it worthy of your cease- less industry, for unless you do the law will play you some slippery tricks and leave you floundering.
Gentlemen of the Bar of Erie County, I have occupied just double the time that I intended. I thank you for the invitation that has been extended to me and the pleasure which I have enjoyed in meeting you all.
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FROM MR. BASS.
The next in order was a telegram from Hon. Lyman K. Bass, Member of Congress from Erie county, which the chairman read as follows :
WASHINGTON, March 14.
E. C. SPRAGUE, and others of the Committee :
I send my hearty congratulations to my brethren of the Bar that a new Court House is an accomplished fact, and that the inhalation of the poisoned air of the old ones is of the past. I regret that I cannot be with you this evening.
LYMAN K. BASS.
Mr. Sprague deemed it fitting to call upon District Attorney D. N. Lockwood, Esq., to respond to this message, and Mr. Lockwood did so as follows :
ADDRESS OF D. N. LOCKWOOD, ESQ.
Mr. Chairman and Gentlemen of the Bar of Erie County : I rise with no little embarrassment to respond to the toast proposed by our distinguished chairman. I suppose that I am called upon to reply to the toast of Hon. Lyman K. Bass, mainly for the reason that I hold the office of district attorney, so long and ably filled by him; and, Mr. Chairman, I know that I am but expressing the wish of every gentleman present, when I say, long life and continued prosperity and honor to Mr. Bass.
Mr. Chairman, every subject and thought connected with the change from the old Court House to the new City and County Hall, has already received its full share of praise and eloquence from the honorable gentlemen who have preceded me. It is but little more than ten years since I commenced the study of the law. My expe- rience, if related, would be but the same old story-much work and little pay. I remember how greatly annoyed I used to be by the remark so often made, how much better off the world would be if there were no lawyers, and I have thought to-night how quickly those same persons would change their minds if they could witness this banquet, see all these happy faces, and know, as we know, that a true lawyer ever stands as an impassable barrier between right and wrong, ever the defender and protector of the innocent, and the pros- ecutor and irreproachable judge of the guilty.
Yes, gentlemen, one of the world's most distinguished historians has written that the reason Rome was great was because her law- givers were great men, and what more fitting answer, when the people from every quarter of the earth, shall come, as they will in this our Centennial year, to our favored land, and shall ask, as they behold our national greatness and prosperity, what is the cause that has made this young nation so great and powerful, and why does it have so vast an influence among the older nations of the earth
et
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-the answer will be, her lawyers have been and are great men, men who have guarded and defended liberty, and the nation's honor as sacredly as the honor of their own firesides.
And in conclusion, Mr. Chairman and gentlemen, I feel that, as one of the younger members of the Bar of this county, I am war- ranted in saying for them, that they have pledged themselves anew to maintain the high standing, the honor and dignity, which has ever been maintained by you and your predecessors, and that they will ever maintain and defend the sacred principles of liberty and justice, which have made this nation a land where manhood reigns alone and every citizen is king.
ANOTHER TELEGRAM.
The next message by telegraph was from Hon. Henry W. Rogers, of Ann Arbor, Michigan, formerly of Buffalo, and ran thus:
ANN ARBOR, Mich., March 13.
E. C. SPRAGUE :
I regret that I cannot go to the supper, but my heart and thoughts will be there, reverently recalling the memory of the dead who have graced a Bar which for forty years has had few eqnals and no superior in any city of the State.
HENRY W. ROGERS.
Hon. Geo. R. Babcock was requested to make response, and, spoke for the older members of the profession, giving many reminiscences, and reciting several anecdotes of the early practice of law in Buffalo.
FROM JUDGE BARKER.
Hon. Geo. Barker, Judge of the Supreme Court, sent this dis- patch:
BATAVIA, N. Y., March 14.
To E. C. SPRAGUE, Chairman, etc., Tifft House :
Until this moment I intended to be present and participate in the pleasures and festivities that the banquet offers. The train that I was to take is re- ported late, so I must be content with presenting my respects to the Buffalo Bar, distinguished for its learning, eloquence and integrity.
GEORGE BARKER.
The Chairman said there was a desire to hear from some of the younger members of the profession. He therefore called upon Mr. T. F. Welch, President of the Buffalo Law Society, to respond on behalf of the Association he represented. Mr. Welch did so in a very amusing and felicitous manner as will be seen:
SPEECH OF T. F. WELCH.
Mr. Chairman and Brethren of the Bar: The Buffalo Law Soci- ety is so well known to you all, its fame is so wide-spread, that I
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need take but little time in speaking of it. Organized nine years ago, immediately after the delivery of a law lecture to young men, by His Honor, Judge Clinton, it has continued in vigorous and flourishing life to the present, and though it may not have as great an antiquity as that already historic old hat of the judge's, yet it is now looked upon as, what we would all like that hat and its wearer to be, one of the permanent institutions of our city.
It has well accomplished the object set forth in its constitution, the promotion of mutual acquaintance among its members and their mutual improvement in legal debate and literary discussion, and it has been to younger members of the Bar and law students in many respects, what the proposed Bar Association will be to the profession at large.
The law student, Mr. Chairman, must needs be
FULL OF NOBLE AMBITION,
when, regardless of the many difficulties before him, he places him- self among those who are
" Mastering the codeless science of our law, That endless myriad of precedent, That wilderness of single instances, Through which a few by wit or fortune led, May beat a pathway out to wealth and fame."
But every one is confident that he will be among that successful few. Immediately on entering an office, however, he finds diffi- culty. Expecting to give himself up chiefly to the study of the books, the theory of the law, he is astonished to find that he is re- quired to devote himself mainly to the practice of penmanship, and the manufacture of copies. Thinking he will receive instruction, and have difficulties carefully explained to him, he is simply told to keep his eyes open and he will soon learn. He does soon learn one thing, that he must always know what to do and how to do it, without asking any questions. He learns, too, just how little benefit is derived from making thirteen copies of a complaint, or spending three whole days in copying some long account which is as closely connected with the science of the law as Egyptian hieroglyphics. To such as he the Buffalo Law Society offers great advantages.
In the free intercourse and discussion with his fellow-students which he there obtains, his doubts are removed, his difficulties ex- plained. He gains self-confidence, has an opportunity to use his powers, a chance to expand. Indeed, he sometimes expands so fast that he soon knows more law than old lawyers of long standing at the Bar.
The Buffalo Law Society, Mr. Chairman,
HAS MUCH TO BE PROUD OF
in its history. The old Law Library, where its meetings have been held has often been the scene of impassioned and eloquent debate,
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of close and powerful argument. Though the words of "learned length and thundering sound " with which its walls have often re- sounded, may sometimes have been striking only for the length or the sound, yet there have been displayed there by its members such powers of reasoning, such command of logic and analysis, such mastery of wit and humor, as would have reflected honor upon their possessors in any higher field of action. There, too, have been shown, not only such ability, but such constant courtesy and high sense of honor, as to warrant the conclusion that its members will always be honored and respected members of this Bar.
But, Mr. Chairman, the Buffalo Law Society has already pro- duced results which show that it is a power in the land. Not only has it definitely and authoritatively settled miany questions of im- portance in politics and literature, but the decisions of its Moot Court have fixed the law in many points before unsettled, and they have been followed in many cases by the higher courts in this and other States.
"To prove this let facts be submitted to a candid world."
The case of Judd v. Seekins, involving an important question in real estate law, tried at the Cattaraugus Circuit, was, pending its appeal, submitted to the
MOOT COURT OF BUFFALO,
and promptly reversed. The General Term soon after acquiesced in this decision.
On the authority of its decision in the great case of Morton v. James, the Court of Appeals soon after decided that a complete note altered by filling up blanks left by the maker, was not valid in the hands of a bona fide holder.
So the Supreme Court of Massachusetts followed its decision in another case soon after its rendition. As its latest achievement it has recently reversed a decision of the General Term of the Su- perior Court of Buffalo, and held that sleeping car companies are subject to the liabilities of innkeepers. The decision of the Court of Appeals in the same case, which is soon to be delivered, will follow this, and be but a matter of form. These facts, Mr. Chair- man, are full of import.
They as conclusively establish the great authority of the Moot Court of Buffalo, as the strange words " chops and tomato sauce," under the skillful handling of our brother, Sergeant Buzfuz, es- tablished the villainy of Mr. Pickwick.
I might show that you, Mr. Chairman, and many of the gray- heads here present, are honored honorary members of the Buffalo Law Society, and how most of the younger lawyers of this Bar owe all their success to the training they received in this Society, but I will not trespass further upon your time.
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·
LETTER FROM JUDGE DANIELS.
Hon. Charles Daniels, Judge of the Supreme Court, sent this letter to the Committee:
NEW YORK, March 13.
Messrs. E. C. SPRAGUE, JOSIAH COOK, ASHER P. NICHOLS, BENJ. H. WILLIAMS and WM. H. GURNEY :
Gents : I have just received your invitation to the dinner to be given to- morrow evening at the Tifft House by the Bar of Erie County. I can give you no adequate idea of the pleasure it would afford me to be able to comply with this kind invitation. The most agreeable memories I cherish relate to my associations with the members of the Erie County Bar. They are em- phatically the associations of a life-time, rendering the place of my home the most hallowed of all localities, and to which I always return. when liberated from the constraints of enforced absence, with the greatest possible pleasure. The Bar of Erie County is second to none other in the State. I do not doubt but the approaching entertainment will prove to be highly agreeable, and pleasantly remembered by those whose good fortune may allow them to par- ticipate in it. I am, however, so situated that it will be impossible for me to make one of the number. The business of the court now in session in this city, of which I am a member, excludes me from participation in your festivi- ties. I regret my inability to be present, but can do nothing less than to sub- mit to its necessities. Truly yours,
CHAS. DANIELS.
John Hubbell, Esq., was asked to reply, and did so in a few brief remarks, excusing himself from making a speech, and congratulated himself on his return to the fold of the Buffalo Bar after an ab- sence of years.
LETTER FROM LIEUT .- GOV. DORSHEIMER.
ALBANY, March 13, 1876.
Gentlemen : Your invitation to attend the dinner of the Erie County Bar did not reach me until this morning, too late to dispose of my engagements here.
All of us have tender associations with the old Court House, and no one will see it taken away without regret. I never attended a meeting of the Bar except on the occasion of the death of some honored brother. It would give me great pleasure to join in your farewell to the scene of so many struggles, and to listen to the reminiscences, both pleasant and sad, which the occasion will elicit.
I beg you will receive my sincere regrets that I cannot accept your courte- ous invitation, and believe me
Very truly your servant,
WILLIAM DORSHEIMER.
To E. C. SPRAGUE, Esq., Hon. A. P. NICHOLS, JOSIAH COOK, and others.
The Chairman said that Mr. Dorsheimer had forsaken the law for political honors. He preferred to stick to the practice of the law.
The Chairman thought Mr. L. L. Lewis well qualified to discuss this question, and called upon him to do so.
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ADDRESS OF MR. LEWIS.
Mr. Chairman and fellow Lawyers : Our Chairman seems to think my experience in public life and at the Bar entitles me to be heard as to the propriety of forsaking the law for political life. He says he always thought it best to stick to the law. He can't get up any controversy with me on that point. If you have acquired in the practice of the law, even a fair reputation for honesty, and have any desire to maintain it, keep at your profession, and let politics alone, so far as office-holding is concerned. For no matter how honestly you may perform the duties of the office, you will stand nine chances in ten of leaving the office, if it chance to be of a political character, with the reputation of a rogue, and while I think every American citizen ought to take an interest in politics, let some other man hold the office.
But enough on this point. I want to talk about lawyers, and as we grow old we ought to be pardoned for talking about our early experience and observation. I was admitted and came on here in 1848, with an idea of making my home somewhere in the West; but a view up this long lake chilled my ardor, and I stopped here, and went into the office of my brother, Dio Lewis. I did not know anything about law, nor much about anything else, for that matter, but after revolving this subject in my mind, concluded I must have a sign painted, and ordered it. When it was finished I attended to the putting of it up ; it read, "L. L. Lewis, Law Office." I took a good look at it after it was hung, and then went into my office, taking an eligible position so that I could see the door, and waited for business, and I don't think it was to exceed one half-hour before the door opened, a young man walked in and inquired if Lawyer Lewis was in. I replied, "That is my name." He was from Canada, and said his father, a resident of this State, had died, leaving some property here, and he wished to know his rights as one of his heirs. I thought it necessary that I should answer at once, if not he might get the impression I was not positive, so I opened my mouth and talked ; he listened, or appeared to, for a time, and then looked at me, and asked me, in apparently a confused state of mind, what my charges were.
I PROMPTLY REPLIED, " ONE DOLLAR,"
which he paid. With all the composure I could master, I placed the dollar in my wallet, and, after he retired, I turned my eyes again to the office door, wondering who my next customer might be. I never exactly agreed with my brother, for he insisted that it was precisely six months before another client came in. It was, however, a long time.
The following summer we were visited here with the cholera, and I divided my time between sitting at my office window watching the funeral processions, and in the old Court House, witnessing the
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struggles of the giants of the Bar. The lawyer whose style and manner of trying causes filled my heart and soul completely full, my beau ideal of a successful jury lawyer, was Solomon G. Haven.
He was unpretending and simple in his manners. In addressing a jury he did not talk over, but between and into their heads; there was an apparent familiarity with the jury, talking to one and then another, till he had convinced them all. His illustrations always came from the farm, the workshop, or their homes, scarcely ever from objects higher than their heads. He convinced the jury that he was in earnest, and believed thoroughly in his client's cause.
He never appeared to make an attempt at oratory, and still he possessed the elements of the true orator, for he swayed and in- fluenced those he addressed, and that, I take it, is the true test of oratory.
There was another man who tried many causes, perhaps more even than Mr. Haven ; he was in his demeanor a perfect specimen of a gentleman ; he was one of the handsomest men I ever saw, and wonderfully gifted as an orator. I refer to Eli Cook; he was one of the great powers in this county.
There was Henry K. Smith ; he did not meet with the success of these other men, and still he was a wonderful man. He was one of those terrible men, who did not stop to convince his hearers. He stormed them ;
HE RUSHED LIKE AN AVALANCHE,
and it was hard to withstand his attacks. There was T. T. Sher- wood; he was trying a large number of cases; I never could under- stand him. His manners were strange, just the opposite of Haven and Cook; he seemed to be in a chronic state of madness, in a con- stant wrangle with the court, and not on good terms with the jury. He would not make one objection, but fifty, and wanted to discuss them one by one, and he acted just as though he believed each ob- jection was fatal to his adversary's case. He was a corpulent gentle- man, with a very red face, and, if I may be allowed the expression, he went lummoxing along in the trial of his cases. There were many other men of mark and power practicing here at that time, of whom I cannot detain you to speak. Well, I watched and wondered at the power of these men, and wondered if I could ever attain such a position.
Gentlemen of the Bar, I am glad to be here with you to-night, and hope that this pleasant meeting will prove the beginning of many such gatherings, that we may know each other more inti- mately in social, friendly intercourse. Our profession is an important and influential one, and it behooves us to hold high its standard of morals and influence.
I have some little acquaintance with the Bar of other cities, and I think I can truthfully say that I know of none so distinguished for friendly and good feeling as ours. Let us all strive to improve
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this good fellowship and feeling, and may we all live here many years in the practice of our profession.
FROM HON. A. P. LANING.
BUFFALO, March 14, 1876.
Gentlemen : I am in receipt of your invitation to attend a meeting of the Bar of Erie County this evening at the Tifft House. Nothing would afford me greater pleasure than to comply with your request and participate with you in the festivities of the occasion, but a pressing prior engagement will prevent my acceptance of your invitation.
Be pleased to present my sincere regrets at my inability to meet my profes- sional brethren. I cordially approve the objects of your meeting, and trust that it may tend to greater fraternal intercourse, and result in the formation of an Association of the Bar of this city, which shall add to its proper influ- ence in the State, and promote the interests of our profession.
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