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demeanor of the witnesses upon the stand, and who is trained in the art of weighing evidence, to form correct conclusions upon the issues of fact, and why should the jury be deprived of the benefit of his skill and experience? In our practice the Judge is permitted to sustain a motion for a new trial on the ground that the verdict of the jury is against the weight of the evidence. We thus recognize in a qualified way his right and duty to supervise the action of the jury, and it would seem that the same principle that accords this right to him, demands that the jury should enter upon their deliberations with the aid of his opinion upon the facts.

What I would impress upon you is that the chief end and aim of the administration of law should be, first, to make it practical for every man who has been aggrieved to seek his remedy under it, and second, to strive for the accomplishment of substantial justice in every case.

I am aware that skillful lawyers sometimes complain under our present practice of aid given by some trial judges to their unskillful opponents, but the idea that the Judge is merely refereeing a contest of skill between opposing lawyers will not do, because it is inimicable to modern ideas of morality and justice. The Judge is there to see that the public is properly served, and the public has no interest in maintaining courts as mere arenas for the exhibition of professional skill. Any case that ends in a denial of justice from any cause to the party in the right is a failure, a reproach upon civilization, and a menace to free institutions.

These are some of the new models I present for your careful consideration, knowing that the people of Kansas have not the reputation for rejecting a model because it is new or novel. There are many other defects that could be pointed out but I have already taken more of your time than I intended to consume.

In conclusion I will say that many of the blemishes in our judicial machinery cannot be remedied, and we may not look forward to a time or condition when the practical application of law will be reduced to an exact science. The defects I speak of are those that result from the natural frailties and imperfections of the human mind and understanding. Nothing is so bril

liant nor so eccentric and uncertain as the operations
of the human intellect. At times it flashes forth in
transcendent glory illuminating a pathway to the very
gates of heaven and then faints to the merest glow that
sheds no light, but hangs over the quagmire of error
beckoning the wayfarer into danger. Mephistopheles,
in seeking permission to exert his full power to seduce
Faust, sneeringly and exultantly taunted the Lord in
these words with man's failure to properly use the
divine gift of reason:

“Better he might have fared, poor wight,
Hadst thou not given him a gleam of heavenly light,
Reason he names it and doth so

Use it, than brutes more brutish still to grow.
Faith in our destiny, to say nothing of egotism, will
not permit us to adopt this satanic view of our situation,
but it cannot be denied that the average man makes
but indifferent use of this, the greatest attribute of the
mind. The most common error appears to lie in the
natural and unconscious inclination to reach conclu-
sions by a syllogistic or comparative process without
taking the trouble to verify either proposition of the
syllogism. The mind instinctively seeks for axiom-
atic truths to rely upon for starting points and in its
credulity will accept as such on hearsay many errors,
especially when of common acceptation. To state it
differently, many people do not hold in knowledge a
sufficient store of raw material out of which reason may
fashion and produce a useful product or, to state it in
another and yet clearer form, they will jump to illy
digested conclusions. Therefore, it is safe to predict
that so long as the judicial machine is composed of
men, as it must always be, and so long as men are
prompted in their actions by the social instinct which

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impels them at times to act unconsciously under the influence of others, and so long as they have within them the seeds of evil passions and desires, justice will at times miscarry. Defects from such causes can only be minimized through the slow processes that we know are gradually lifting mankind through adversities in his progress from the depths of brutishness to the very stars.



Few men have ever lived possessed with endowments that fitted them for more than one profession or calling. And to do this, so as to be successful has required constant, persistent application, a love for the calling and an unusual intellect.

The familiar story of the Boston oyster dealer of fifty years, who upon his death bed at the age of seventy regretted that he could not live a few years longer, and when requested to state his purpose said, that he would like to learn something more about oysters, indicates the limits of the human mind.

The man who attempts the study and practice of any profession or business to be successful, must first have natural endowments. And second, a love for the business, and third, continuous application. We do not speak of good health and robust constitution or any of the physical conditions that so greatly aid in the success of every man in his business. But where the blood flows healthily and vigorously to the heart and brain it adds much to this success.

In every calling there are qualities aside from business application and intellectual endowment. Other elements too that are as necessary qualifications for the success of the man as those that we regard as the essentials. These other elements are known as the ethics of the business or calling. However vigorous a man may be, however healthily his blood may flow through his veins and arteries; however strong in intellect he may be, unless he observes what we term the ethics of his business he does not succeed as he should.

ETHICS DEFINED. In the term ethics as here understood, is the possession of those personal qualities through and by which a man satisfies or manages the whims, the prejudics, the moral sensibilities, the religious beliefs, the eccentricities and the manifold variety of humors and opinions found in those with whom he comes in contact.

To do this he need not surrender his manhood nor deviate from a course of integrity and honor. He may make some enemies, doubtless will. For in the competition allowed, permitted and practiced in the business world, he will find many people who have the same aims, the same objects, and the same purposes pursued by himself.

It is in meeting such persons and doing business with them, and doing business along the same lines with his business associates, that his ethical qualities come most in demand.

KNOWLEDGE OF MEN. The Lawyer must have a knowledge of human nature; he must know his man; he must know the farmer, the laborer, the preacher, the doctor, the merchant and the judges before whom he practices. He must be able to avoid being deceived by the artful trickster; must meet with frankness the honest client; must recognize the qualities of those in his own profession practicing with him; and above all must remember to learn the greater ability of the judge who has the last guess.

I remember defending a congregation of men, women and children where the plaintiff was an elder in the church, a stern, determined old man through whose means the church building had been erected and who was seeking to control the building to the exclusion of most of the members of the church. It was a study to

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