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 THE SERVICE OF LAWYERS IN WAR- 
 TIME AND THEIR OBLIGATION 
 TO PROMOTE AMERICANISM 
 
 ADDRESS BY 
 
 THE HONORABLE WM. W. MORROW 
 
 JUDGE OP THE 
 
 UNITED STATES CIRCUIT COURT OP APPEALS 
 
 AT THE 
 
 Annual Session op the Calipornia Bar Association at 
 San Jose, Calipornia, June 7th, 1918. 
 
 ^^ U 1 y ? w * ; • 
 
 1918 
 
 Rkcorder Printing and Publishing Company 
 
 689 Stevenson Street, San Francisco 
 

 V 
 
 A" 
 
The Service of Lawyers in Wartime and 
 
 Their ObHgation to Promote 
 
 Americanism 
 
 ADDRESS BY THE HONORABLE WM. W. MORROW, 
 JUDGE OF THE UNITED STATES CIRCUIT COURT 
 OF APPEALS FOR THE NINTH JUDICIAL CIRCUIT, 
 AT SAN JOSE, ON FRIDAY, JUNE 7TH, 1918. 
 
 Mr. Chairman, ladies and gentlemen : I wish to express 
 at the outset my thanks for the very kind invitation ex- 
 tended to me to attend this session of the California Bar 
 Association. I have found it a very pleasant and interest- 
 ing session and the discussion of the legal subjects has 
 certainly been most instructive. I desire, also, to thank 
 the committee for having waived any obligation or duty 
 on my part to bring with me a prepared address. Perhaps 
 when I have concluded what I have to say you will not 
 have for the committee the same kindly feeling I have for 
 it on that account. But let me say, if you will forgive the 
 committee and kindly and patiently bear with me, I will 
 promise that if any of you have a case before the United 
 States Circuit Court of Appeals during the coming year, 
 and for any reason you do not come before us with a 
 carefully prepared brief, if you will produce a certificate 
 of membership in the State Bar Association and show that 
 you were present on this occasion, I will see to it that your 
 case is decided on the merits. 
 
 The Lawyers' War Services. 
 
 It occurred to me after I had received and accepted the 
 invitation to be Avith you, that I ought to have at least 
 some general idea of what I would say, and so I concluded 
 that for the short time I am to detain j^ou I would speak 
 upon the subject of the services that are being rendered 
 the government by the lawyers during this present war. 
 My impulse to talk upon that subject arose partly from the 
 fact that I had come in contact with such services, in one 
 
 [3] 
 
 380879 
 
1 ', i "> ■.' ' » 
 
 '■•'•••^'^ ' ■ ■■ ■ - [4] 
 
 way or another, in different departments of war serviees, 
 and it seemed to me that I might very properly speak upon 
 that subject as an impartial observer and without having 
 to laboriously hunt through the books for authorities to 
 support my conclusions. 
 
 I was at first quite pleased with this selection of a 
 subject and the attractive ease it promised, until last 
 Wednesday evening, when I attended a meeting of the 
 San Francisco Bar Association and listened to a verv 
 entertaining, able and eloquent address by Judge Lindley 
 upon this identical subject, and as it was treated by the 
 Judge in a way so entertainingly and so much superior to 
 anything I could say or even attempt to say, I thought for 
 a while I M^ould have to turn to some other theme and 
 avoid the obvious contrast. But after reflection it occurred 
 to me that Judge Lindley had spoken from a standpoint 
 of an actual worker, a patriotic and earnest worker, as the 
 legal adviser of a department of the government at Wash- 
 ington, and that his point of view or angle of observation 
 was from the top downward, whereas mine was from the 
 bottom upward, that is to say, from the place where the 
 serviees are being rendered by the lawyers in the various 
 local communities in aid of the national administration at 
 Washington, and that the subject might have some interest 
 from that point of view. 1 have accordingly determined to 
 talk to you upon that subject and I shall also appeal to 
 you for a still further, and I think an equally patriotic, 
 service. 
 
 The Selective Draft. 
 
 Now, in order that you may understand the particular 
 point of view to which I am directing your attention, let 
 me say that when the President of the United States, under 
 the Act of May, 1917, called for the services of members of 
 the legal profession to aid those who were to be called into 
 the service by the Selective Draft, he did so that, while the 
 law was being administered summarily, it might be ad- 
 ministered wisely, and justly, as well as promptly, and in 
 such a way as to enable those selected to respond intelli- 
 gently and without delay to the call of their country. The 
 call made by the President was almost a command : "I 
 urge men of the legal profession," he said, "to offer them- 
 selves as associate members of the Legal Advisory Board 
 
[5] 
 
 to be provided in each community for the purpose of 
 advising registrants of their rights and obligations and of 
 assisting them in the preparation of their answers to the 
 questions which all men subject to draft are required to 
 s-ubmit." In response to that invitation, or call, the 
 lawyers all over the country, in California, as well as else- 
 where, responded freely and voluntarily to the government 
 in aid of the registrants in making out their returns. 
 
 It was a splendid program and a patriotic service, not 
 only for the men selected, but for the government in a 
 great and unparalleled emergency. 
 
 Now, you gentlemen know that the Selective Draft 
 raised a great many important and delicate questions con- 
 cerning exemptions and liabilities under the law. These 
 questions had to be passed upon first by the Local Boards 
 and then in some cases by the District Board of Appeals, 
 then, if for any reason, the individual was dissatisfied with 
 this final decision and believed he had been unjustly treated 
 by the Boards, he came to the Federal Court, not by an 
 appeal from the decision of the Appellate Board, for the 
 decision of the Appellate Board was made final by law, but 
 upon a writ of habeas corpus, and this right of a final 
 adjudication by a Federal Court was declared by a decision 
 of the Supreme Court, rather curiously in a Chinese case 
 (Chin Yow, 208 U. S. 8), where the Supreme Court deter- 
 mined that a person claiming a substantial right before 
 an executive board or officer and a fair hearing is denied 
 may appeal to the courts, notwithstanding the law provides 
 that the decision of the board or officer is final. 
 
 Mr. Justice Holmes, in his remarkably succinct way of 
 expressing the opinion of the Supreme Court, said, in 
 substance, in the case referred to: "The decision of the 
 department is final, but that is upon the presupposition 
 that the decision was after a hearing in good faith, and as 
 between the substantive right of a citizen to prove his 
 right on the one side and the conclusiveness of a decision 
 of an officer or board on the other, one or the other must 
 give way and something must be done and it naturally falls 
 to the courts to do it." 
 
 Now, under this decision a number of cases were 
 brought before the Federal Courts on writs of habeas 
 corpus in this state and elsewhere, on the claim that a full 
 
and fair hearing had been denied to the individual, but 
 after a careful investigation, we found that in not a single 
 case had such hearing been denied, that is to say, the 
 Appellate Boards had been so well advised by the Lgeal 
 Advisory Boards that no arbitrary ruling appears to have 
 been made or injustice done in a single case, and this was 
 largely, if not wholly due to the careful advice given by 
 the lawyers of the Legal Advisory Boards, who rendered 
 such services freely and voluntarily. This was certainly 
 so in this jurisdiction and, judging from the advance sheets 
 of the decisions in other jurisdictions, it was so all over 
 the United States. 
 
 The Liberty Loans. 
 
 The lawyers were also called into the service of the 
 government in promoting the Liberty Loan drives and with 
 these services in this state I was somewhat familiar. I 
 undertook some work in that line myself and everywhere 
 I found the lawyers, particularly the young lawyers, were 
 rendering able and efficient service. Their legal training 
 gave them the skill in presenting the claim of the govern- 
 ment in the strongest possible light and, let me add, in the 
 briefest possible way, and results show that their appeals 
 M'^ent hom.e to the people in every community, drawing 
 therefrom their accumulated savings to support the war. 
 
 The American Red Cross. 
 
 Then there was the American Red Cross with its appeal 
 for a generous support and patriotic services from all 
 classes. This call Avas also responded to by the lawyers, 
 whether young and enthusiastic, like some of you, or 
 advanced in years, but determined to see it through, like 
 some of the rest of us, and the result of this appeal for 
 stricken humanity has surprised us all and astounded the 
 world. 
 
 The Lawyers at the Front. 
 
 Then there are the lawyers who have gone directly to 
 the front and into the trenches. They are numerous, we all 
 know many and they are known in every community for 
 their bravery and their enthusiasm to serve their country 
 in the cause of freedom and against a vicious, savage and 
 monstrous autocracy. Now, this is a fine record for the 
 
[7} 
 
 legal profession to make, and being somewhat familiar 
 with all these splendid services, I thought I might come 
 here and say a few words in their behalf, and under the 
 general theme of patriotism pay a deserved tribute to those 
 of our class who have responded to that call, but before 
 doing so, it seemed prudent for me to be sure that I was 
 not overestimating the extent of such services, for you 
 know the profession has not escaped serious criticism. It 
 has been said that as a class lawyers are selfish; that they 
 are more concerned about their own personal interests than 
 the general welfare ; that they only accept public employ- 
 ment when it promises better returns than the private 
 service, and that their patriotism is generally measured by 
 some sort of sordid considerations. In other words, the 
 charge is that when they support a cause it is for the fees 
 or other rewards there are in it. 
 
 The Tribute Paid the Lawyers by the Provost Marshal 
 General in the Selective Draft. 
 
 It was, therefore, with some concern that I cast about 
 for substantial evidence as to the real status of the lawyers 
 in this great conflict. In pursuit of this evidence, I first 
 applied to General Crowder, whom I have known during 
 the past twenty years in a personal as well as in an official 
 way. I asked him by telegram what services, if any, the 
 lawyers of the country were rendering the government in 
 this war. The question permitted a general reply that 
 the lawyers, like all other classes, were rendering full and 
 faithful service to the government. But a reply came and 
 it went so fully and fairly into all of the details of the 
 service that I thought I ought to submit it to you for your 
 information and in justification of my confidence in the 
 l)rofession. 
 
 This is General Crowder 's reply: 
 
 "Replying to your telegram concerning services of law- 
 yers to the nation in this emergency, I submit the follow- 
 ing: More than three thousand lawyers of high standing, 
 whose incomes exceed by many times the compensation 
 allowed, have tendered their services to me as Judge 
 Advocate General. I have been able up to this time to 
 avail myself of the services of one hundred and fifty com- 
 missioned in the Judge Advocate General's Department, 
 
[8] 
 
 some of whom declined to accept salaries. Of the forty-six 
 hundred and sixty-three local boards and one hundred 
 and fifty district boards, the average is higher than one 
 lawyer on each board. There are nearly five thousand 
 Legal Advisory Boards, each consisting of three permanent 
 members, a personnel of nearly fifteen thousand. Attached 
 to these Legal Advisory Boards are associate members 
 aggregating nearly one hundred thousand lawyers." And 
 remember, gentlemen, the number of active lawyers in the 
 United States is only about 125,000. General Crowder, 
 therefore, states, in effect, that more than two-thirds of 
 the lawyers in the United States have given their services 
 to the government. But here is what I want to call your 
 particular attention to: "I do not," says General Crowder, 
 "hesitate to say from my own observation, and from 
 reports which have been received from the states, that the 
 expeditious classification of registrants could not have been 
 accomplished without the unstinted aid which the lawyers 
 of the countr}^ rendered through the medium of Legal 
 Advisory Boards. ' ' General Crowder goes on to say : "I 
 (juote briefiy from the report of one Governor, rendered 
 about two months ago, which is typical: 'The valuable aid 
 and services rendered to both the War Department and the 
 registrants by the State Bar Association and individual 
 lawyers cannot be passed unnoticed. Hundreds of organ- 
 ized bureaus where registrants could have their question- 
 naires filled out, receive legal and other aid without cost 
 or expense to registrants or to the government, were 
 maintained by competent men, and every registrant was 
 given the most patient and courteous consideration.' " 
 
 Now listen to this tribute in the conclusion of General 
 Crowder 's telegram: "I cannot find language sufficiently 
 expressive or appreciative of the value which the lawyers, 
 as individuals and through their organizations, have ren- 
 dered and are still rendering." 
 
 What Grovernor James K. Lynch Has to Say About the 
 Lawyers in the Liberty Loan Drives. 
 
 Now, what is the evidence as to the services of the 
 lawyers in the Liberty Loan drives? I have the pleasure 
 of knowing Governor Lynch of the Federal Reserve Board 
 of this district, and I asked him what services, if any, the 
 
.[9] 
 
 lawyers had rendered the government in the Liberty Loan 
 drives. His reply was: "They rendered splendid services 
 all over the districts and it was real, substantial service, 
 rendered voluntarily and freely, giving their time and 
 knowledge without compensation, and they travelled at 
 their own expense throughout the state." I said: "Do you 
 mind saying so to me in a letter I can read to the Bar 
 Association?" He said: "I will do that with pleasure."- 
 And I am now going to read to you a letter that I received 
 from Governor Lynch about the services of the lawyers in 
 the way of assisting in placing the Liberty Loans before 
 the people : 
 
 ' ' I hear that you are going to address the Bar Association 
 upon the share taken by the attorneys of the country in 
 placing the Liberty Loans of the United States. 
 
 "From my personal experience, I can say that they did 
 most effective work and were one of the really important 
 factors in placing the loans. Not only did they contribute 
 largely from their own means, but they gave liberally of 
 their time, and, through their influence, were a most im- 
 portant factor in forming public sentiment and in awaken- 
 ing the country to its danger and to the need of sub- 
 scribing. 
 
 "In connection with the campaign for public speaking 
 they naturally took the lead and in every community gave 
 untiringly of their time and strength, Mr. Allen Chicker- 
 ing, chairman of the speakers' committee, has given a large 
 portion of his time for more than a year to this work, and 
 as he has enlisted for the duration of the war, there is no 
 telling when he will be discharged. 
 
 "It is needless to say that all this work of the legal 
 profession was entirely without compensation of any kind, 
 and forms a splendid contribution to the service of the 
 government." 
 
 What the Governor of the State Has to Say About the 
 Lawyers in the Selective Draft. 
 
 The Governor of the state has, of course, jurisdiction 
 and charge over the Selective Draft in the state, and I 
 accordingly applied to him for information upon the sub- 
 ject, and mind you, in all these instances I have never iti 
 terms solicited a complimentary report, but have simply 
 asked: "What have you to say as to the services of the 
 
[ 10] 
 
 lawyers of the state in support of these war measures?" 
 and I may say that one of the reasons I had for asking this 
 question was because I had heard it said that the lawyers 
 were not doing their duty ; that they Avere not serving 
 their country as they should ; but instead they were still 
 presenting trivial technicalities in courts delaying the ad- 
 ministration of justice, as they have always done, and that 
 as a class they were obstructive rather than constructive in 
 a great national cause. I had heard this over and over 
 again and I was very much interested in finding out 
 whether, in a situation like the present, with the whole 
 country aroused and alive to the perils that are now 
 menacing the cause of law and liberty, the lawyers were 
 doing their duty and serving their country faithfully and 
 fearlessly, or whether they were standing back, and relying 
 upon some trivial and selfish excuse for a lack of interest in 
 the national cause. And here is what the Governor said in 
 his letter : 
 
 "Replying to your inquiry, I am glad to have an oppor- 
 tunity to express my appreciation of what the lawyers have 
 done in California in connection with the execution of the 
 Selective Service Law, 
 
 "In every county of the state a Legal Advisory Board 
 has been created. These consist of a Judge of the Superior 
 Court and two lawyers. These boards were chosen by a 
 committee appointed by myself at the suggestion of the 
 Provost Marshal General, consisting of Attorney-General 
 •Webb, Oscar C. Mueller, the president of the State Bar 
 Association, A. E. Bolton, and Chas, S. Gushing. Mr. Frank 
 Short and Isador Dockweiler were also designated on the 
 committee. All of these gentlemen were named at the 
 suggestion of the Provost Marshal General on account of 
 their connection, either present or past, with state or 
 national bar associations. Each Legal Advisory Board in 
 turn, appointed a board larger in number to render services 
 to the various local exemption boards, the plan being that 
 each local exemption board should have in constant session 
 a board of lawyers, versed in the Selective Service Law, 
 ready to give advice to registrants in the filling out of 
 their questionnaires. There are 125 local boards in the 
 state. That would mean that there were at least 625 
 lawyers throughout the state who were ready at all times 
 to render free service to the drafted men, I feel that their 
 
[11] 
 
 work has been of the greatest benefit to the nation in the 
 successful execution of the draft act. 
 
 "There has been attached to each local board through- 
 out the state a lawyer as government appeal agent, whose 
 duty has been to carry appeals on decisions of the local 
 boards to the district boards, these appeals being in behalf 
 of the government. To these men has fallen the duty of 
 investigating all cases called to their attention wherein the 
 decision of the local board is alleged to have been improper. 
 They have also been obliged in many instances, and par- 
 ticularly in the first draft, to advise registrants as to their 
 rights and their liabilities. Their services have been en- 
 tirely gratuitous and they have in many instances been 
 forced to resist the importunities of their own clients. 
 I feel that their services have also been of the greatest 
 benefit. 
 
 "In addition to these men there is a lawyer on each of 
 the five district exemption boards, and on many, if not the 
 greater portion of the local boards, lawyers have beer- 
 appointed. The duties that have been imposed on these 
 boards by the government have been so -many and so 
 arduous that the members thereof have sacrificed much of 
 their private affairs, and I know from personal knowledge 
 that the lawyers on these boards have devoted themselves 
 to that work to the detriment of their own practice. 
 
 "In short, I feel that the state of California is very 
 greatly indebted to the work which the lawyers have done 
 and are doing and as Governor of the state I feel that we 
 ought to give them the highest praise. I am very glad of 
 this opportunity to express through you my personal appre- 
 ciation of the work they have done." 
 
 The Lawyers in the American Red Cross Service. 
 
 I have already mentioned the services rendered by the 
 lawyers in the American Red Cross organization. As an 
 officer of the national organization and familiar with the 
 work, I can testify to their enthusiasm and their skill and 
 judgment in organizing and maintaining the Red Cross 
 drives that we have had in this state, and in carrying 
 forward the work here and in Europe. Much of the suc- 
 cess — unparalleled success — in the Red Cross work is due 
 to their services. 
 
 You can very well understand, gentlemen, that I have 
 
[12] 
 
 been very proud of this evidence in behalf of the legal 
 profession in this state. Judge Lindley was called to Wash- 
 ington. He has rendered splendid services to the govern- 
 ment in a high office. Others specially qualified have been 
 called to responsible stations, and if we had nothing else 
 to our credit, we could very properly say that the laAvyers 
 of California have given to the government services that 
 speak well for the profession and for the loyalty of the 
 whole state, but here is a record that speaks for the entire 
 profession in every community of the state in terms of the 
 highest praise. 
 
 The Call for Still Further Services. 
 
 Now, we must keep this splendid service up to a full 
 measure of efficiency. The lawyers must continue to be the 
 right arm of the government in all this war work, but I 
 am going to present to you the call for a still further 
 service. I am going to ask you to consider what further 
 duty you owe to the form of government under which we 
 live. We have reached the point where we must know, and 
 know with certainty, whether the people of the United 
 States are or are not Americans in spirit as well as in 
 name. We have reached a point where we must know 
 whether the lawyers are willing to support law and order 
 and in the administration of justice maintain the consti- 
 tutional principles of an organized government. 
 
 I am going to appeal to you to go back to your several 
 communities and let them know that you have assumed and 
 taken upon yourselves an obligation to further support the 
 government, not only in its war measures, but in maintain- 
 ing a constitutional form of government pledged to the 
 administration of law and order. Say to them that it is 
 proposed to "Americanize America" and make it "safe for 
 an active, intelligent and efficient democracy." 
 
 The President a Constitutional Dictator. 
 
 It was said yesterday that the President of the Uiiited 
 States was a dictator. Professor McMurray, who said it, 
 explained last evening that he did not mean anything in 
 disparagement of the President or his administration. I 
 was very glad to hear him say so, because I believe the 
 President of the United States, in his war measures, has 
 acted in accordance with his constitutional authority, and 
 
[13] 
 
 if he is a dictator he is a constitutional dictator, that is to 
 say, a dictator within the authority of law and the Constitu- 
 tion of the United States. But we want to be careful not 
 to set up any other dictator, and particularly one not au- 
 thorized by law. 
 
 The United States a Representative Democracy. 
 
 Now, I am going to call your attention to a feature of 
 our form of government worth while remembering, and I 
 want you to pay attention to this, as it has relation to the 
 service I am going to ask of you for the future. The gov- 
 ernment of the United States has two fundamental prin- 
 ciples involved in its essential form. First, it establishes a 
 republic as a representative democracy, defined by Presi- 
 dent Lincoln, as was said a moment ago, as a "government 
 of the people, by the people, and for the people." It sets 
 up, as is well known, three different well balanced depart- 
 ments of government — legislative, executive and judicial — 
 for the administration of its affairs. These departments are 
 given the necessary power for the co-ordination and 
 efficient administration of the government as a sovereign 
 nation. Several of these powers might be enumerated as 
 important in the present state of affairs, but only one need 
 be mentioned now as particularly important in this present 
 emergency, viz. : the power to make war. Our Consti- 
 tution, as Mr. Justice Hughes says, is a "fighting (Jonsti- 
 tutiou." It gives Congress the power to declare war, to 
 raise and support armies, to provide and maintain a navy, 
 and to make rules for the government and regulation of the 
 land and naval forces of the United States. The President 
 is made Commander-in-Chief of the army and navy. 
 Congress has authority to make all laws necessary and 
 proper for carrying those powers into execution. 
 
 For what purpose were all these powers conferred upon 
 the government? Was it that in a war for our own 
 liberty and in defense of our own rights, we might be 
 defeated? Manifestly not. No such limited power would 
 be nor has been given. The power to make war was con- 
 ferred upon the government in order that it might carry on 
 a war successfully, not unsuccessfully, and that is what we 
 are engaged in doing now. We are in a war and we are 
 going to continue to be in the war until we secure a com- 
 plete victory over our enemy. You will find if you look 
 
[14] 
 
 over the Constitution of the United States and read it care- 
 fully, paragraph by paragraph, and one section with 
 another, that it means this : that there is ample authority 
 for declaring that every dollar of money and every ounce 
 of man power that the people of the United States have or 
 can command, are to be thrown into this war for the pur- 
 pose of winning a complete and lasting victory for us and 
 for our posterity. This is what the President of the United 
 States is doing and what he has called upon us to help 
 him to do in accordance with constitutional law. Some few 
 have said that we have gone outside of the law and dis- 
 regarded the rights of individuals and the Constitution has 
 been thrown to the winds. Not a bit of it. Our Consti- 
 tution is not a "scrap of paper" to be thrown to one side on 
 any account or for any purpose. It is a Constitution to 
 be enforced maintaining the liberties of the people in our 
 domestic as well as in our foreign relations. 
 
 A Government Formed to Protect Individual Rights. 
 
 I said that we had one particular, essential fundamental 
 element in our form of government, viz. : the form of a 
 republic, as a representative democracy. And now, sec- 
 ondly, the Constitution secures certain rights and immuni- 
 ties designed to adjust and balance the governmental power 
 of the republic with personal liberty. That is what the 
 Constitution is for. It has just these two propositions: 
 First, it forms a republic, and next, it provides for the 
 protection of the people under that government in their 
 individual rights. That is what the government of the 
 United States was organized for, and you can reduce it all 
 into a very small compass. These are the essential ele- 
 ments. And what I want to see is that the people of the 
 United States, the j^oung men, the native born as well as 
 the foreign born, thoroughly understand what these essen- 
 tial principles of the Constitution are. Let me illustrate 
 what I mean. In the proceedings relating to the naturaliza- 
 tion of aliens, one of the inquires which the law provides 
 shall be asked of the applicant is this : Is he attached to 
 the principles of the Constitution of the United States? 
 And he must prove that fact to the satisfaction of the court, 
 and to do so he must bring two witnesses to court who 
 shall make oath that they have known the applicant for 
 at least five years and that during that time he has 
 
[15] 
 
 behaved as a man of good moral character, and that, from 
 what they know of him, they believe him to be attached to 
 the principles of the Constitution and well disposed to the 
 peace and good order of the same. For the purpose of 
 ascertaining whether the applicant was intelligently 
 attached to the principles of the Constitution, I have asked 
 this question: "To what principles of the Constitution of 
 the United States are you attached?" There have not been 
 very many intelligent answers to that question. Some have 
 said they came here to better their condition ; that they 
 wanted to secure better wages. In fact, they have given 
 all sorts of answers, but there was one answer made to this 
 question that I thought was very intelligent, although 
 quite unexpected. I asked the applicant: "Tell me why 
 are j^ou attached to the principles of the Constitution of 
 the United States, and to what particular principles of the 
 Constitution of the United States are 3^ou attached?" 
 After some hesitation he said : ' ' Woodrow Wilson is 
 President of the United States." That produced some 
 amusement in the courtroom. The audience seemed to 
 think this an amusing answer to make in defining a prin- 
 ciple of the Constitution to Avhich the applicant was at- 
 tached, but it was, in fact, a correct answer, as far as it 
 went, and why? Because Woodrow Wilson was elected 
 President of the United States by the people under the 
 provisions of the Constitution. He had not become Presi- 
 dent or a ruler because his father was either a king or 
 a kaiser, and this was undoubtedly what the applicant 
 meant. 
 
 Now, what I would like to see is this : I would like to 
 see every person who comes to the court as an applicant 
 for citizenship to be able to say what the essential prin- 
 ciples of the Constitution of the United States are and why 
 he is attached to them, and I would like to see our native 
 born young men who come to be registered as voters, to 
 be able to state in the same way and to the same effect 
 the essential principles of the Constitution of the United 
 States and why they are attached to them. Why not? 
 Are they not the most important elements in an education 
 that any young man can have? And ought we not all to 
 be so educated? You know, we expect all our young men, 
 especially since Judge Short's address, to be familiar with 
 the Ten Commandments. And while we honor these Com- 
 
[16] 
 
 mandments, and many of us have been required to commit 
 them to memory, as the fundamental law of mankind, we 
 ought to be able to name with equal fluency and intelli- 
 gence the essential principles of the Constitution of the 
 United States. We ought to be able to enumerate these as 
 we do the Ten Commandments or the Lord's Prayer or 
 the Litany of the church to which we belong or any of 
 those other great inspiring moral principles that constitute 
 the frame work of Christian civilization. 
 
 If an American citizen, whether native born or natural- 
 ized, is asked : ' ' What are the principles of our form of 
 government to which you are attached?'' he ought to be 
 able to stand up and with ready voice and memory state 
 them something like this: 
 
 "I am attached to the principles of the Constitution of 
 the United States because it establishes a representative 
 democratic form of government and because it secures to 
 the citizen certain rights and immunities consistent with 
 the administration of that form of government and in the 
 interest of personal liberty and justice and because it pro- 
 vides specifically for all time a bill of personal rights that : 
 
 "No law shall be made by Congress prohibiting the free 
 exercise of religion, or abridging the freedom of speech or 
 of the press. The privilege of the writ of habeas corpus 
 shall not be suspended, except in case of rebellion or 
 invasion. No bill of attainder or ex post facto law shall 
 be passed. The right of the people to be secure in their 
 persons, houses, papers and effects, against unreasonable 
 searches and seizures, shall not be violated. No person shall ■ 
 be subject for the same offense to be twice put in jeopardy of 
 life or limb; nor be compelled in any criminal case to be a 
 witness against himself. In all criminal prosecutions, the 
 accused shall enjoy the right to a speed.y and public trial, 
 by an impartial jury of the state and district wherein the 
 crime shall have been committed, and to be informed of the 
 nature and cause of the accusation, to be confronted with 
 the witnesses against him, to have compulsory process for 
 obtaining witnesses in his favor, and to have assistance of 
 counsel for his defense. Excessive bail shall not be re- 
 quired, nnr excessive bonds imposed, nor cruel or unusual 
 punishment inflicted. No person shall be deprived of life, 
 liberty or property without due process of law, nor be denied 
 
[17] 
 
 the equal protection of the law, nor shall private property be 
 taken for public use without just compensation. 
 
 These are the great principles of government that the 
 Anglo-Saxon race has secured after more than 600 years of 
 struggle and we ought to be as familiar with them in all 
 their form and significance as we are with the names of 
 the days of the week or the month. 
 
 The Americanization of America. 
 
 This is the call I submit to you : An organization is 
 about to be formed in this country for the purpose of 
 maintaining these essential principles of government. It 
 is proposed to "Americanize America." We have come to 
 realize the absolute necessity of everybody, whether young 
 or old, naturalized or native born, understanding distinctly 
 what they mean when they declare themselves in favor 
 of the constitutional form of government under which they 
 live, and their full measure of loyalt}^ when they say they 
 reverence the flag and wall follow it in the service of the 
 country wherever it may lead. They should know what 
 that means in the cause of civilization, and what it means 
 to have our soldiers in France bravely upholding the prin- 
 ciples of international law, and what it means to have 
 courts of justice at home enforcing our own domestic laws. 
 
 The question is often asked: "What should the localj 
 state and national bar associations do to make such organ- 
 izations efficient and popular with the members of the bar 
 and at the same time command the respect and confidence 
 of the public?" My ansAver to that question is: "Make 
 the organizations represent, above all else, the true Ameri- 
 can spirit and devotion to the great principles of right and 
 justice." That is what our soldiers are fighting for in 
 France today and when we say we must do everything to 
 win the w^ar, we must understand what it means to win 
 the war. Does it not mean in the final analysis that there 
 must be obedience to the law and punishment for the out- 
 law ? Does it not mean that we are in this war to save a 
 civilization based upon the eternal principles of right and 
 justice? And if we are in the war for that purpose iii 
 dealing with other nations, it is equally important that we 
 should have that purpose firmly established and always in 
 view in dealing with ourselves. 
 
[18] 
 
 You have heard these great principles of right and 
 justice stated by the speakers who have addressed you at 
 this meeting and particularly by the president of the 
 American Bar Association this morning. We were all 
 delighted with that address. Coming from Philadelphia, 
 it came with the ring of the old Constitution and its 
 guarantees for civil liberty and the protection of individual 
 rights. I regret I did not hear Judge Short's address 
 yesterday, but the press comment shows that he was, as 
 usual, historical and eloquent, as he was forceful and inter- 
 esting in dealing with this subject. 
 
 Now, what have we learned from all this discussion"? 
 Is it not that if the world is to be saved from an over- 
 powering militarism on the one hand, or crushing anarchy 
 on the other, it must be done with a vision broad enough 
 to include the rights of the individual whether at home or 
 abroad? There must be an aroused American spirit 
 resolved that America must be Americanized so that we 
 shall all understand the true value and purpose of citizen- 
 ship and be prepared to discharge its duties in maintaining 
 the principles of free government. In this cause I am sure 
 the lawyers will be as loyal and true in the future as they 
 have been in the past, and that they will be among the 
 leaders in giving the public will a true, consistent and 
 patriotic direction. 
 
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