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Lorsqua la documant aat trop grand pour atra raproduit an un saul elicha. il aat film* S panir da I'angla sup*riaur gaucha. da gaucha * droita. at da haut an bas. an pranant la nombra d'imagaa ntcaasaira. Laa diagrammaa suivants illustrant la mOthoda. MICtOCOPV RESCXUTION TBT CHART (ANSI ond ISO TEST CHART No 2} 1.0 Ifl^ i^ s t Hi, ■" I.I " «^ K 1^ t^ %z ^ APPLIED ItVHGE In, "Ourselves" The H N.Mr. JUSTICE WILLIAM REN WICK RIDIJELL of TORONTO (Kings Bench Divn. H. C. J., One.) In Responie to the Toast ut the ANNUAL DINNER New York State Bar Association SYRACUSE, N. Y, JANU.\RY 19, 20, 1911 'Ourselves" With the tnmphnicnts of Hon. VVii-i.iAM Renwtck RiniiEi.i.. R. A., I.I.. D. OF THE New York State Bar Association SYRACUSE, N. Y., JANXARY 19. 20. 1911 'Ourselves" The Hon. Mk. JL'STKH WILLIAM RENVVICK RIDDKLL of rORONlO IjU'iliriii of iln' 1 ;iH Sr.iivly nf ilu' Sl:ili' oi N'tw York — and ymi, \i' (;oilili'>.i'- i a|i|>liiii>i' i. uln. ilci^jii tn (jlorify "iir niKM'tiliiit' nni'l^ wiili ilii- Jiariii nf licanilfnl atul ^rai'iciK uonianlitKid, - I ventiiri; In hinut lliat llu' i '^ sniiietliiiiK iii a M'al ii|)iiii the Ui-iitli wliiili i« oiiidiuivv ^'nwtli in h^-m^ and virtue. Kur at tlir la.si Mar Dinnir wlndi I liail tho pliasiire uf attending' I litard till' Icarni'd I'liii't Jnstice ul Ontario say that wlirn lie received an invuation to lliat dinner, lie hesi- tated for >]nit time Hhellier he on',dit not rather to stay at hemic and write a jiidnmenl — or pa;l of one — and that it was <]nly after a ■•trii(;j;le tliai he inaile up his mind to eonie out and "have a nielli with the hoys." I use the learned Chief Justice's own terminology ; and I daresay the memiwrs of tins Bar .\ssofialii>n will entirely appreciate what My Lord nies Now. so far as I ani concerncil, when I received I - invitation .o attend this liar dinner, I call yuur Secretary, Mr. Wadhaius. to hear witness, that hy the very next mail he received a letter sayinj; that wild horses wouUl not kee|) me away (laughter! — I was absolutely unable to observe the shadow of a shade of anything ren-otely resembling even thj embryo of a strnyyle when I received an invitation to have a dinner with the boys. ( .\pplause. 1 I vent. ire 1" liojie that it is only the learned Chief Ju.stice's hinder years u|)oii the Bench which enables him to rise to that Iicifjht of virtue, and it was only my comparative youth upon the liench which caused me to choose the primriise path aniit God knows wlien." There is something, as tlie learned Chief Justice who spoke before me has said, of solidarity among lawyers which causes them to draw together, to associate one with the othar — and you notice.^ I trust, that I still arrogate to myself the title of lawyci. although I know it would be very hard indeed to ctjuvince the members of my own Bar of the fact that I am still a lawyer. (Laughter.) Now, do not misunderstand me. I do not mean the whole Bar; because I know very well that whenever a judgment appears subscribed "William Renwick Riddell, J."— you know that we Judges in Ontario do not hesitate to call ourse'ves J.— although I believe my brethren on the Bench of the State of New York rather apply that title to their colleagues (laughter)- however that may be, whenever a judgment appears subscribed in the manner I have men- tioned, I know there is at least one and sometimes more members of the Bar of the Province of Ontario who are struck with the legal acumen I display, the knowledge of law, the ability to appreciate, to understand and to apply a really sound legal argument. I admit that there is an equal num- ber perhaps more, who shake their heads in sorrow that a nian like that should have received His Majesty's paient, a n-an who doesn't know '.a a when he sees it.and either can't or \von"t learn. (.)f coiirst-. yoit all know the alternatives a lawyer lias wlien lie lias been " turned ilown " — I tliiiik that is the correct expres^inn — when a lawyer has lieeii "turned down" he has at least two alternatives, one of these is to appeal, the other is to };o across to the tavern and take one or more drniks and damn the Jiidf;e. (Applanse. ) 1 think it was (.on^icvc. the h'.iifjlish poet, who said, " Hell hath no fnry like to lawyers corned." (Laughter. ) If that was ever trne, its truth has not heonie less or stale In the la]ise of time. You will grant me. at least provisionally, the title of lawyer and let me ]iroceed with my invesiigation. We lawyers are members of a liberal and a learned pro- fession. We are not mere handicraftsmen, base mechan- icals—no donht my friend, the Chancellor of the Uni- versity, who is here, will expect me to use the (ireek term, Banaiisoi, clicirolcchmii — we are not mere bread :md butter workers. Xow, it is true that our profession does furnish us bread and lintler, sometimes very little more; hut while we ilo work for money, which is, indeed, sometimes cast up against us as a reproach, as a sin perhaps, certainlv a weakness, I have not found anybody yet who does work, that does not work for money. Not very long ago 1 had the pleasure of addressing an audience of medical men — and. really. 1 want to tell you. to make the confession here, that you will tind nieilical men fairly intelligent once you understand their terminology. (Laugh- ter. ) 1 was s]icaking to them about this very thing; and I ventured to say diat the farmer is not wholly altruistic — the farmer does not till his soil simply for the benefit of the State. The shopkeeper would close his shop very quickly if his bills were not paid. Our friends on the Press have been known on occasion to bill their services at say thirty-five cents a line; and the daiigliter of the clergyman who had received a call to another city at a larger salary, when asked whether her father was going to accept, said, " Well, father is in the library praying for guidance, but mother has started packing up." (Laughter.) And we are told about that " chieftain to the highlands bound " who cried : " Boatman, do not tarry, I will give you a silver pound To row me o'er tile ferry." I'lien up and "spoke tliat iliKliland wight. 'I'll go, my chief, I'm ready. It is not for your silver hright. But for your winsome lady.' " The poet being a Scotsman, and therefore truthful, does not tell you, does not deny that before the boat left the dock that silver pound was safely ensconced in the sailor's sporran. At all events, if the lligltlandnian did omit that trifling formality, he was quite dififerent from his fellow countryman who was spoken of by " Punch " the other day. He was ferrying a number of passengers across the strait and a storm sprang up, and he said, " There is nae saying what may happen, sae Aw'll just tak' your fares noo." (Laughter.) Now, it is true that we work tor money, but that is the very least of our objects. Members of a liberal and a learned profession, our object and our desire is the search for truth of law and of fact — the vindication of the rights of the oppressed and the iimocent, the punishment of the oppressor and the criininal, the advancement of what is just and right. The lawyer, too, when he accepts his client's retainer, forgets everything, except the laws of honor, which may conflict with his client's interest. The weapon which he carries is the sword of tlie warrior and not the dagger of the assassin. ( Applanso. ) But lie must wield that sword in every manner in which an lionorahle warrior may or can. I (e is recruited not for si.xty davs. hut is enhsted for the war. .And is it ncjt that very thing, that laboring and toiling for others while at the same time we labor and toil for ourselves, ( — and is it not part of the gen- eral fitness of tilings that the more one labors and succeeds for his clients the more he labors and succeei)le of tliis nation drew, as they believed, the ti'ie principles of government from the Knglish Consti- tution and from the Constitntif)ns of other countries, ancient and modern, according as they believed these con- tained and set out the rules desired. They believed that they introduced the true methods of government, the true principles of legislation, of government, into the immortal Constitution of the United States; and in fact for the first time in the history of any nation and the only time in history so far of any nation, all the po-vers of the people, all the powers of the Legislature, all the powers of the Executive were submitted to the power of the Court ; and that is one of the greatest glories even of this great and glorious nation. (.Applause.) In Canada as in England we have no such constitutional limitations ; but in Canada as in luigland and in e\ cry free country, the freedom we enjoy is freedom mider the law, and what protects us is the power and strength of the Courts : and the Courts remain strong and powerful because they are backed by an independent, learned and able Bar. Thus, as time has gone by, as I have said, so the Courts have become more and inore powerful. You all know the story of the Boston streets. How some three centuries ago a calf walked througli the pri- II iiH-val HcKiil, iinil waiiilfrin;; lioiiie, as jjooil calves sliinild. left beliind a Hail askew, a « imliiiK patli. as all calves (III. and ihen llic next day a dof; eanie alunK and la- saw '.his irail ready made thn>n(,di the primeval wimd and he fullnwed the trail, and llie next day came a hell wether with his tlock tnllciwinj; and they, (if conrsc. fol- lowed, and the cows and cattle and the lior.ses came along, and the men walking saw the track ready made, and they followed the track. 'I'lien. when it came to make an ox-cart road, it made not much difference in a primeval wood like that where they chopped down the trees, and they chopped dosvn the trees along that old calf's path, the calf by this time having become a mother, a grandmother anil a great grandmother, and necessarily passed to her fathers — and into the stomachs of the Pnritans. I Laugh- ter. ) Then a village is formed, and the village street follows the old ox road; and the town grows np and brick makes its appearance and the shops and the stores and the blacksniith shop and the chnrch and the school- honse are all hnilt along the old calf path; and the city grows and at last becomes a city of. I hate to say how many hundred thousand inhabitants, for if I exaggerate it will hurt somebody's feelings, 1 if I make it too low there may be somebody here fr. n Boston and I might never hear the end of it. In the long run we have a hundred thousand men every day led by that dead calf along that wa_\'. and they twist and turn and twist about and use lan- guage which I wi)uUl not like to employ in the presence of ladies, and every day a hundred thousand men pass along and they lose a hundred years every day. and all on account of that calf that has been dead three hundred years. It was thought that as in olden times trouble between sub- ject and subject, and clan and clan, and nation and nation, r had to be decided by the stronf; riRht arm reinforced by a club, so in international matters it was thought that the old plan was the best plan after all, and until very recent times indeed nobody iniafjined for a single moment that trouble between nations shottlil not be sclllcd by the club. I don't care whether you have flailing guns or whether yon have swords; the sword is just an cvcilution from the Oid club, and the Galling gun is just the modern counte-pait of the stone that our ancestors used to throw at each other. But a better law has sprung up Xow we have gone fur- ther, people liave come to the conclusion that the eternal principles of justice and right are just aa binding upon nations, the members of the great confederacy of nations upon the earth, as they are u|K)n single individuals, the members of a State; that right may not be determined by strength of armament and thai no nation can e.xpect to be an indi.peudent arbitrator in its own cause. Great Britain and the United States, since 1784 to 1910, have had treaty after treaty submitting this (|ucstion and that to the inde- pendent arbitrament of independent tribunals. I have at another time, and before another audience, detailed the various treaties which have taken place between your coun- try and mine. Nineteen separate ipiestions have been referred, and in the case of all but five the reference has been triumphartly successful; and for one hundred years there Ihis been no war between these two nations. For one hun- dred years, or nearly that, there has been no armed ship upon our Great L.".kes. For more than one hundred years we have been using our common sense — for it all comes back lo that — and there is not so much as an earthen fortifica- tion along the four thousand miles of our international boundary. (Applause.) We have in existence two treaties, one which governs all British territories, one which '3 is concerni'il with Canada alum-. hIiIi-Ii pmviilc fnr tli» stilHilissiim rif all (|Ui'>tiipii^ in (li>|iiiic t,i indquMiilcnt trll)ii- nals. I liii|H.' ilie iluor ul lliis rnum is i-losnl. I lioiw there is nn re|«irtcr Imi mir .wn — I kmiw I can kill liini if it lie ni'ci ssaiv — I am j;.>inj,' in tell yun a secret. W'l'nld yini ln-li.-vc it? uc 1\mi iialicins liave heen livinj; tiiKelluT for (ivcr twenty years mi a iiimliis -,i:riiiU tl:at everybody thon(;lit had Kone hy the hoard long ago; in iKHS. when a treaty v\as signeil hy liayaril and Cham- berlain, a uuiiliis ; irnidi was entered into hetwcen the con- tracting parties in the expectation tliat the Senate woiilt" confirm the treaty, hut when the Senate failed to confirm the treaty, why, yon and wc jnst went along in the saine way we had arranged for the iiilcriin. and for twenty-three years ve have heen living (jn lliat thing v ch is not agreed in writing or (Jtherwi.'j, hm whicli de|ien(ls upon our own plain common sense. (Wpplausc. i The Senate of the United States may fail to ap])rovc of a treaty, hut they cannot prevent you anil me, your nation and my nation living together in amity and peace. ( .\pplausc. ) .\nother treaty is now on the hoards that may l)e ratified. That may lie more far-reaching even than those two treaties which now exist. If so, if it he successful, hy whatever name it he known in history, it ought to have attached to it only two names, one a christian name and the other a family name, and these two names are lilihtt Root. (Applause.) Because it is your President inore than any other man, or any body of men. who is responsible, and ought to \k thanked for that condition of affairs. ( .\pplause. ) The lawyer is in power in Mngland : the lawyer has at last attained his proiwr iiositioii at the head of affairs there. It is well that the lawyer is in control in Eng- »4 laml. Ill Ottawa, tlic I'miikr n! tlic DiMiiininn aii.l the leader of tlie <.i.|><>siti„ii are l«.lli lawyers. In Wasli^ iiiBton the i:xeciiiive, yciiir I'rcsiilent, is a lawyer of the very liiKhest ty|w. (Applause.) He has siirnmiKled him- self by lawyers of cptal liiKli class, one of whom you heard last eveniiit; and heard a^aiii this evcniiit; with the utmost delight. (Applause. 1 I may lie ipiite wrong, hut it sctnis to me that I can see the providence of (iinl, the -■ i of God hrooe a man of great ability as well as an exceedingly lovable Plan or he coulil not have won die heartfelt devotion of hundreds of thousands of .\nicrican.s whose heads are hard if their hearts are warm. (.Applause. ) Nor may we lawyers arrogate to ourselves all the |)olitical any more than all the moral virtues. This great nation bears in its heart the name of their mighty first President, the land surveyor of \'irginia; and we in Canada will never forget the working njierative stone mason, .\lcxander Mackenzie, our second I'rinie Minister. On this ror.linent one does not break his birth's invidious bar sinipiv because there is no birth's invidious bar to break : nor r!oes one's pa.st occupation prevent him attaining any i.osition; and it might well have l)een that the editor of Lincoln would turn out to be one of your greatest presidents. Hut he had not been tried — there \\a; nothing in his past from which one could judge how he would fill the great office of President of the United States. William Howard Taft had been tried in the fire, he had been weighed in the balance ami he Imrl imt W-en fciimd Hantiiif,'. (Applause.) The priiiUiit. thi- inrlepemknt districi attorney, llie able, eriulile, careful Jml^e. the firni but s_vni|)allielic and kinilly — oh. hmv kindly, iiiilli.ni, ,,i brcuvn-faccd brethren of the prcsem aj;e do know and of the future will know — the k;ndly governor, the able, ri'liahle .Secretary, all gave bail f jr the honorable, firm, syni] athetic, kindly, honest President, (.\pplause. ) .My breibrcn of the liar .Associa- tion of the Stale of .New Nork, make i,o mistake — notwith- standing the jeer and ),'it)e of the jester ;.nd the paragraplier that old adage still stands true, ".\n honist man is the noblest work of (iod." (.Applause.) I, as a I'anadian, .say of William Howanl Taft that lie vas the first of your I'residents who knew Ca.iadians, who bad lived .inujiigst tliem. who apprejiated them, who nnderstood ihei instincts and nnilerstood the desires of their lican. fie knew that Canadians were proud of their British origin and proud of their liritisli institutions, and that they were determined, remaining liritisli, to ma'.c their beautiful land, which, like yours, spreads from the .Atlantic to the Pacific, to make that l)eaiitiful land the leading member of the ISritisli hjiipirc. Know- ing that, he never failed to say the kindly word to or for Canada. He iie\er faileehind William Howard Taft in his desire that your jjeople and mine, my brethren, shall live together in jieace and amity — Sir Wilfrid Laurier. lause.) When it was necessary that we should lower i6 our (Units ii|Km lliirti'fii >i|>riit\cil arliilcs, animn; them [)er- liiimTv, ill iirili-r lli.it iIiitc -hntM \k iik war r.f mrilT as Ifiwccn your inuiiiry aii>l luiiii-, lie siiil in lii< place in I'ar- liamenl, uuiler his resiwmsilijlit) as Prime Minister u,' the l)in>iniiiu of Canadi, " Nut thirteeii or three huudreil arti- cles, not all the |>erfuinery in Canaila or in the rnite auKlit hul as the small ilust of the halance coinparcil «illi the friendship of the iKMpIc of the I'nited ."slates." Air. Taft, Icmj, has made himself the ajMjstle of |icace, he has made that one of the ^real ohjects of his adniin- istralion. ( .\pplause, ) .Not a month aRo. in Washing- ton, my Canadian and Hritisli heart was rejoiceil to see haiiKiiiK u|)on the wall of a Iwantifnl l>an(|ucti"f; cliamlier there at a l)an(|uet at which the Pre' 'ent o! the I'nited States wa.s the honored nmsl, the .\iiierican flag and the British flag of ecpial size, of the same material, of eipial beauty, united with that most Iwautifiil of all Latin words, " Pax." My heart rejoiced when I saw that; but that was nothing compared with the delight which must have filled the heart of every lover of jieace when he read those magnificent words of the President of the United States, epoch-making words — I have heard in the British House of Commons, Gladstone deliver some of his most mcgnifi- cent addresses, I have heard the great orators not only in the British House of Commons, but in our own — and we have orators — but there are no words which touched my heart, nor I believe the heart of every right thinking man more than these splendid w ords of President Taft : " There is no reason why there should not he submitted to judicial arbitrament every international question whether it refers to mom., or territory or national honor." (.Vpplause.) When the President of the United States can say that, and when the whole British House of Commons can unite with him in sajiiij; it hIwii these tWD great naliiMi*. the Krcate«l and the ucahhie*! in the world, or tlial the world ever saw. when nations like these can say the^e wonls the day of |ieace is nut far distant, nay, the day is already hrtakinK in the east. And is that to be? .\re these two nations Hhicli Carlyle says are not properly two nations, luit one. insepaiahle hy any human |Knver or iliplomaiy. lainj; already united by heavens act of parliament and naliue anil practical inter- course—are these two nations al...ve whom lloat llaKS which are red because dye.l with the blood of a million heroes, these two nations whose history is a Uadroll of fame, full of deeils of heroism and valor and patriotic self- sacnrice. two nations proud, self reliant, with that chastity of honor which feels a stain like a wound, are these two nations to tliiiK away the sword which they can both wield so well and say. "As for us and our house we will serve the I-ord of Peace '.= If so. the day of in^acc is not coming, but it has already come — and your place and mine, my brethren, in that is writ large. The day of the brute has gone, the d!>y of the soldier is waning toward its '.luse, the day of ..le lawyer is here when you and I see these iwo nations go forth togfiJiiT with peace .n their right hand. I'hat union will he gramler and more glorious and more magnificent than even this Xation of States, great and grand and glorious and niagniticent as it is: and we will cry, using the words of your own poet in larger and fuller and sweeter significance and signification: "Sail on. O Ship of Stalt! Sail on. O Union, strong and grt ; ! Humanity, with all its (tars. With all the hopts .-"f future years Is hanging breathless on thy fate. Our hearts, our l,npe«. are all with thee ; Our hearts, our hopes, our prayers, our tears. Our faith triumphant o'er our fears Are all with thee — are all with Ihec 1 i8 O vision, blessed, beatific ! soon may it b^ realized in all its glory and grandeur and sweetness and grace : for in that realization you, my brethren, and you, my sisters, antl we must at length and only then find Ourselves. ( .\pplausc. )