■'<*«: 3* 
 
 Montana, University 
 
 A brief account of the 
 third anniversary exercises*
 
 A BRIEF flceeaNT er the 
 
 THIRD ANNIVERSARY EXERCISES 
 
 THE -^.^; 
 
 J^ontana UniueF|ily 
 
 At University Place, 
 
 HELENA, MONTANA. 
 
 Ju^e lM4feh, '18§3. 
 
 [ith full Report of the University Sermon by Rev. F. E. 
 Brush, D. D. and the University Oration by Hon. W. F. 
 ; Sanders, and the Oration before the Pullman 
 Literary Society by Lieutenant Governor 
 A. C. l^olkin. 
 
 Publi5l7<?d by Ord(?r of tl^e Board of Trustees. 
 
 I 
 
 I'L'Kl ISIIIN 
 IKLENA, MONTA" 
 
 >
 
 #
 
 A BRIEF AeeeyNT of the 
 THIRD ANNIVERSARY EXERCISES 
 
 H^ OF THE -^ 
 
 J^onlana UniueF^ity 
 
 At University Place, 
 
 HELENA, MONTANA. 
 
 With full Report of the University Sermon by Rev. F. E. 
 
 Brush, D. D. and the University Oration by Hon. W. F. 
 
 Sanders, and the Oration before the Pullman 
 
 Literary Society by Lieutenant Governor 
 
 A. C. Botkin. 
 
 Pubiisl^^d by Ord(^r of t\)e Board of Trustees. 
 
 18!I3. 
 
 State Publishing Company. 
 
 helena, montana,
 
 BRIEF SUMMARY 
 
 — OF THE — 
 -OF — 
 
 The ninth and tenth of June were devoted to closing exami- 
 nations for the year and decorations for the coming anniversary 
 exercises to begin the nth. 
 
 The boys and girls deserve great commendation for the public 
 spirit displayed in sharing cheerfully the work incident to such 
 an occasion. Indeed, it showed that the faculty had not omitted 
 this one essential point in the education of their students, viz.; 
 to promote the feeling of common responsibility and a willing- 
 ness to share cheerfully duties of a public nature. No teacher 
 can afford to ignore the opportunity to impress concreetly lessons 
 of a vital social nature, which such occasions bring. 
 
 The rooms were tastefully and beautifully decorated, but to 
 those who chanced to look in occasionally on the busy workers 
 and were able to understand something of the spirit, good will, 
 and co-operation that brought this about, its beauty had a deeper 
 meaning than the mere spectacular. To such, it was an ex- 
 ponent of system, organization, sympathy with public works, 
 and an index of latent patriotism. 
 
 On Sunday morning at ii o'clock. Presiding Elder F. E. 
 Brush A. M., preached the University Sermon, Pres't Tower 
 and Rev. S. E. Snider assisting in the services. An excellent 
 audience of students, neighboring friends from the city and 
 country listened eagerly to this most excellent discourse, which 
 may be found on page 7. 
 
 272380
 
 In the afternoon at 4 o'clock Rev. Wm. G. Shoppe, pastor of 
 the Congregation il Church of Helena, preached the sermon be- 
 fore the University Y. P. S. C. E., Text, John III., 16, "For 
 God so loved the world that he gave his only begotten son that 
 whosoever beheveth on him might not perish, but have ever- 
 lasting Hfe." It was a most excellent and learned gospel ser- 
 mon. He traced the relationship between God and His chil- 
 dren logically and clearly, and showed that we fiod God's re- 
 flected image in man's attributes We yield God service in 
 serving our fellowman. We can know God only to the extent 
 that we cultivate and possess His attributes. 
 
 The evening was given to a social-religious meeting under 
 the auspices ot the University Y. P. S, C. E, The Epworth 
 League of St. Paul's Church chartered the big car and about 
 seventy-five of the E. L's, and members of kindred societies of 
 the neighboring churches came and joined services with the 
 school. The meeting was led by E. L. Mills, Pres't of the Uni- 
 versity Y. P. S. C. E. The subject was "Our Young Lives 
 for Christ." It was a good meeting, well filled with songs 
 and counsels and testimonies and prayers and good resolu- 
 tions. When young men and women thus band themselves to- 
 gether and make their common ideal of life the highest, then 
 the future is full of possibilities and life is full of meaning. 
 
 On Monday evening, Lieutenant Governor Botkin delivered 
 the address before the PuLman Literary Society. His subject 
 was "The Unwritten Law." It is faint praise to say that it was 
 a masterful effort. Deep, philosophical, yet so popular that he 
 held the closest attention of the entire audience throughout 
 the hour. See page 16. The school audience was reinforced 
 by two car loads of city friends. 
 
 After the lecture the society and friends repaired to the din- 
 ing hall for the first annual banquet of the society. From the 
 standpoint of toothsome viands and savory toasts, it was a suc- 
 cess. Good taste, good cheer and good wit seemed to radiate 
 from every table and beam from every face. 
 
 On Tuesday occurred the annual meeting of the Board of 
 Trustees. A very acceptable report of the current running ex-
 
 penses was made by Pres't Tower and plans were set on foot 
 for canceling the old debt. Prof, Abbott's resignation was ac- 
 cepted and a hearty testimonial of the Professor's scholarship 
 and ch racter given by unanimous vote of the Board. Prof. 
 Ryder, previously in the school, but who has spent the past year 
 at Chicago University, was elected to the chair of Ancient Lan- 
 guages, vice Prof. Abbott. 
 
 In the afternoon of Tuesday, Prof. Nunvar, who has charge 
 of the musical department of the school, gave a most excellent 
 concert. He was assisted by Miss Bessie Stevens who has giv- 
 en vocal lessons in the school during the year. 
 
 The evening was devoted to the prize declamation contest. 
 Five girls and six boys, elected by their mates, were the com- 
 petitors. A first and second prize were offered to the girls and 
 boys respectively, the girls competing with each other, and the 
 boys with each other. A crowded house greeted the young 
 contestants Reverends Brush, Shoppe and Holmes were ap- 
 pointed judges. 
 
 The programme was as follows: 
 
 — MUSIC— 
 
 1. Edward L. Mills, Bozeman Lafayette 
 
 2. Ina Craven, Philbrook Mona's Water 
 
 3. Carl B. Hard, University Place Foe's Raven 
 
 4. Rose Gowin, Bozeman The Bridal Feast 
 
 — MUSIC — 
 
 5. C. N. Davidson, Anaconda Death of Garfield 
 
 fj. Marg.ry Jacoby, Highwood Mary, Queen of Scots. 
 
 7. W. D. Tipton, W. S. Springs Speech of Patrick Henry. 
 
 8. Laura E. Fitch, Sheridan The Ringing ol the Bell. 
 
 — MI'SIC— 
 
 9. n. C.Chambers, University Place Burning of Chicago. 
 
 10. Hattie E. Dickinson, Missoula The Stag* Kide. 
 
 IL Philo. W. Haynes, Miles City Declaration of IndependiMice. 
 
 —MUSIC — 
 
 Congratulations were earned by all. It was conceded to be 
 the best contest in the history of the school. 
 
 On Wednesday morning at eleven o'clock. President Tower 
 opened the last session of exercises by calling on Rev. Bell, of 
 Helena, to lead in prayer. Hon. W. F. Sanders, Pres't of the 
 Board of Trustees, then delivered the University oration to a
 
 crowded house. It was an effort of which the Senator himself 
 might well be proud. We trust that every reader of this paper 
 will read this oration carefully. It may be. found on page 32. 
 Mrs. Monroe and Miss Stevens then favored us with vocal 
 solos. 
 
 Dr. Tower then announced the prizes as follows: For the 
 highest scholarship and deportment, a saddle pony presented by 
 Mr. James R. Johnson to Miss Margery Jacoby of High- 
 wood. Her grade was 96 per ceiit. Miss Ida Fryett took sec- 
 ond rank with a grade of 95 7-15 per cent and Miss fna Craven 
 took third rank a grade of 94 25-32 per cent. 
 
 The $25 cash prize offered by Elder Jacob Mills for the best 
 English Composition was awarded to Edward L. Mills for an 
 essay on "The Ethics of Politics." Carl B. Hard and Miss 
 Margery Jacoby receiving honorable mention. There were 
 six contestants. Mr. Hard's essay was a poem of considerable 
 merit and promise; subject, "Man, A Vision." Miss Jacoby wrote 
 on "The Greeks." For the best declamation Mr. Haynes took 
 first prize for the boys and Miss Dickinson for the girls. Mr. 
 Tipton received second prize for the boys and Miss Fitch for 
 the girls. 
 
 The company then repaired to the dining hall for refresh- 
 ments which very interesting exercise was concluded by toasts 
 and a general social. 
 
 Among the guests of the institution during the week were 
 Elder and Mrs. Mills of Bozeman whose son Edward has been 
 with us for two years past, Mrs. Gaddis, of Fort Logan, whose 
 two children, Charley and Lida, have been in school all the year, 
 Revr Holmes, of Butte, Rev. G. D. King of I>ozeman, Rev. W. 
 W. Van Orsdel of Great Falls, Miss Foster of Omaha and Rev. 
 Wilder Nutting of Townsend. 
 
 The new electric car Hne added greatly to the occasion. It is 
 safe to say that the outlook for the school is brighter than ever 
 before.
 
 University Sermon 
 
 BY REV. F. "E. BRUSH, D. D. 
 
 DELIVERED SUNDAY. JUNE 11,1893. 
 
 "L)-|-/-^xT ^ /— . J ^^ "Iron Sharpeneth Iron; so a Man Sharp- 
 ■■^^^*^» /'/" eneth the Countenance of his Friend." 
 We have here a striking and pecuhar phrasing of a vital 
 truth. This truth is that a certain precious culture results to 
 man from the contact and collision of soul with soul. As 'iron 
 sharpeneth iron,' to use the picturesque putting of the Proverb 
 writer, so mind sharpens mind, soul polishes soul, spirit perfects 
 spirit in that wonderful experience which we call human inter- 
 course. This, as it seems to me, is the thought of the sacred 
 writer; one stimulates the other , poHshes himself by mutual spi- 
 ritual intercourse and friction with his fellow, and each contributes 
 by such an interchange of personal peculiarities to the spiritual 
 development of both? The thought may be still further drawn 
 out, 'A man by himself is no man; he is dull, he is very blunt; 
 but if his fellow come and quicken him by his presence, speech 
 and example, he is much more comfortable, skilful and better 
 than he was when he was alone.' In a sense that is very 
 broad and indeed universal, 'it is not good for man to be 
 alone.* In a state of isolation man vegetates, withers and 
 decays. It is only through intimate association with his kind 
 that he comes to the finest flower of his culture and to the 
 divinest perfecting of his nature. The Bible has a wonderful 
 way of laying hold of the most vitalizing and masterful energies 
 of human culture and impressing them into the service of reli- 
 gion for the consummation of man. So, too, there is not a force 
 in the natural world freighted with blessing to man which may 
 not be utiHzed for supreme spiritual weal. Thus it is in this
 
 8 
 
 particular realm. This principle of the friction of man upon 
 man, which yields largest and richest results in all the lower 
 domains of human endeavor, is employed to secure the divinest 
 issues in the shaping, refining, burnishing and crowning of 
 spiritual character. Before following this principle into the 
 spiritual sphere, let us note some of its applications upon lower 
 planes. And, first, let us witness its operation on the field of men- 
 tal training. It is the severe and ceaseless rubbing of mind 
 against mind which imparts strength, hardness, brilliancy to the 
 mental powers. One class of minds realize this in communion 
 with God in nature. They see the Infinite Mind disclosed in the 
 material universe and, through collision of their finite mind with 
 His, thought^becomes quickened and opulent, spirit aspires, the 
 whole being is lifted up and illumined. So Kepler pauses in his 
 scientific scrutiny of the heavens and in spiritual ecstasy exclaims 
 with loftiest emotion, 'O God, I think thy thoughts after thee.' 
 The poet Wordsworth beautifully describes the "consecrating 
 effects of early dawn," in verse that mirrors the feelings of his 
 own,soui. 
 
 What soul was his when from the naked top 
 
 Of some bold head-land he beheld the Sun 
 
 Rise up and bathe the world in light. He looked — 
 
 Ocean and earth, the solid frapie of earth 
 
 And ocean's liquid mass, beneath him lay 
 
 In gladness and deep joy. The clouds were touched. 
 
 And in their silent faces did he read 
 
 Unutterable love. Sound needed none, 
 
 Nor any voice of joy; his spirit drank 
 
 The spectacle; sensation, soul and form 
 
 All melted into him. They swallowed up 
 
 His animal being. In them did he live. 
 
 And by them did he live; they were his life. 
 
 In such access of mind, in such high hour 
 
 Of visitation from the living God. 
 
 Thought was not; in enjoyment it expired; 
 
 No thanks he breatheJ, he proffered no request; 
 
 Rapt into still communion that transcends 
 
 The imperfect offices of pra3'er and praise, 
 
 His mind was a thanksgiving to the power 
 
 That made him; it was blessedness and love."
 
 Thus it was with a dear friend of mine who, coming out upon 
 Inspiration Point in the Grand Canyon of the Yellowstone, fell 
 upon her knees and wept and worshipped when confronted with 
 the majesty and beauty of God's thought as materially expressed 
 in the towering, many colored walls of that magnificent nature- 
 temple. So it is as we come into vital touch with God's mind 
 in material manifestation. The contact deepens, broadens, en- 
 riches our mental energies, elevates and enlarges the heart, fills 
 the spirit with a vision whose rare and wondrous beauty trans- 
 forms the whole being and exalts it to perfect unison with the 
 Divine. Another class of minds will realize this mental sharp- 
 ening in the silent library through solitary and absorbed study 
 of the great masters of thought. Robertson, of Brighton, one of 
 the brightest, strongest, most suggestive and fertilizing English 
 preachers of this century, used to speak, of 'lighting his torch at 
 another man's fire.' • He meant that the friction of other minds 
 against his own caused a mental glow, that brightened and in- 
 tensified into a flaming splendor all his own. There are thinkers 
 who act as an electric stimulus upon our mental organism mak- 
 ing it coruscate and burn. In my own personal reading I find it 
 extremely difficult to finish one of Emerson's essays. Here 
 some thought grips my mind and carries it far afield; there 
 another thought wakens slumbering fancies of my own, strikes 
 them into fire and away they soar into the empyrean. So it is 
 that Emerson, Carlyle and Ruskin, through their inspirational 
 power, have quickened and fecundated our best, sanest and 
 most influential modern thought. This is the peculiar and pre- 
 eminent power of the Bible. It is surcharged with a vivid, 
 rushing, flaming life, that vitalizes and impassionates all who 
 receive its impact. Unchain the Bible and discharge its full 
 energy upon the mind and heart of the humble monk of Erfurt 
 historically and you have Luther and the Reformation. Liber- 
 ate this Book and let it operate according to the scientific law of 
 the 'survival of the fittest' and you find it demonstrated that this 
 Word of God has ever awakened and cultured the mental and 
 moral life of the most civilized, progressive and commanding 
 nations on the face of the earth. The skeptical cant about the
 
 lO 
 
 cramping influence of the Bible upon human thought is the most 
 arrant nonsense and woeful humbuggery ever perpetrated upon 
 a patient. and suffering world. The Bible — it is the book of high 
 vision, of masterful and invigorating thought and mind-com- 
 pelling power; it is the constant companion and unceasing in- 
 spiration of the world's greatest and noblest thinkers. Where 
 the Bible is enthroned you will infallibly find freedom and power 
 of mental movement, moral purity and genuine progress. 
 
 But for ordinary people this sharpening of nature is best 
 realized, perhaps, through contact with living, embodied per- 
 sonahties of genius and power. These God-gifted persons are 
 instinct with vitality, throbbing and thrilling with electric influ- 
 ence, and those who touch them feel the inflow of the mystic 
 tire and are awakened to abounding and victorious life. It is 
 this power that creates and qualifies the great teachers of the 
 ivorld. Education means the drawing out, the stimulating, of 
 the latent powers of the soul, and the moulding of the life to 
 divine ideals. Education is not the cramming of facts and laws 
 into a pupil's mind; it is begetting and fostering the impulse to 
 intellectual activity; it is teaching the proper use of the mental 
 faculties; it is the placing of life on the spiritual plane. So, our 
 teachers must not be wooden and mechanical; they must be 
 vital and inspirational. 
 
 President Garfield made a wise and true remark when he said 
 that the best university for him would be a log with Mark Hop- 
 kins on one end and the student at the other. I think the best 
 college work is often done in our smaller institutions where the 
 faculty is of Hmited number, where the appliances may be 
 meager, but where the teachers are men and women of power 
 to arouse and fertilize the mental and spiritual lite of the students. 
 There is hardly another educational institution in this country 
 that has "turned" out in proportion to the number of students so 
 many leading and influential men in the pulpit, in the press, in 
 statesmanship, in scientific research as our own Wesleyan Uni- 
 versity, at Middletown, Connecticut. With a small corps of in- 
 structors, a brief roster of students, limited library and appar- 
 atus, as compared with many other colleges and universities, it
 
 II 
 
 has accomplished magnificent and unsurpassed work in the train- 
 ing of great men. I explain this phenomenon thus: the students 
 were not given over to the care of tutors young and inexperi- 
 enced, but were brought into closest and most fruitful contact 
 with teachers of pre-eminent ability, stimulating brain power, 
 and morally moulding energy. 
 
 The best work is done in German universities to-day in the 
 informal meetings which the professors hold with a few students 
 specially interested in their particular line of work. The alert 
 and eager student there comes into kindling touch with the 
 vast learning, lorty ideals, personal power of the professor 
 and thereby receives a stimulus which he justly counts one 
 of the highest benefits of his whole university career. 
 
 Out of the rubbing of mind upon mind will ever come light 
 and power. 
 
 This great principle operates also in the field of business en- 
 terprise. The sovereigns of the commercial world are found 
 in the great cities, not only because there are offered amplest 
 spheres for the most universal and commanding genius, but 
 also, and more largely, because the rubbing of mind upon mind 
 in the great concourse of bright and progressive men centered 
 in the city, sharpens the wits, quickens the intelligence, broadens 
 and clarifies the vision, yields scope and courage for mammoth 
 undertakings. 
 
 But it seems to me that this principle finds supreme illustration 
 in the spiritual sphere. The incarnation is the largest concrete 
 picturing of this truth. "In human form Jesus Christ, the wis- 
 dom of God, the power of God, the love of God, came close to 
 sinful men without awing or alarming them; and when they 
 touched Him grace flowed from His lips and life to bless them." 
 It is the touch of Christ upon our souls that raises them from 
 the death of sin, that quickens them into life and makes them bur- 
 geon and bloom in beautv- His thoughts dominate ours. His 
 ideals allure us and quench in their full-orbed splendor our dim 
 and earth-born ones; the majesty of His moral might subdue us. 
 So in lesser measure is it in our contact with Christ-filled human 
 souls. We often speak of the "means of grace," and we usu-
 
 12 
 
 ally refer to the Bible and its study, the church and its various 
 services and ministries, and kindred matters. We need to rea- 
 Hze that, of all the practical "means of grace," among the 
 mightiest are people and our association with them. In spiritual 
 commingling with living souls, as one has said, "we are impressed, 
 wrought upon and influenced. Indeed, we receive the larger 
 portion of our divine gifts through human hearts and lives. We 
 sometimes overlook this and think of God as reaching down 
 His mercies to us directly and imn:ediately without the interven- 
 tion of mediators, but closer thought shows us that ordinarily 
 this is not the way our spiritual good things come to us. Ordi- 
 narily God passes His gifts to us through others." So it is that 
 another's faith strengthens mine, anothers love fans mine into 
 intenser glow. "We learn many of our best lessons from our 
 associations with our fellowmen." It is truth incarnated and 
 illumined in life that most powerfully sways us. "Every frag- 
 ment of moral beauty in a regenerated life is a mirroring of a 
 little fragment, at least, of the image of God on which our eyes 
 may gaze." Every Christ-charged life is a battery of regener- 
 ating power, a fountain of holy influences, a school of spiritual 
 instruction. History, sacred and secular, is crowded with illus- 
 trative instances. Moses and Joshua, Elijah and Ehsha, Christ 
 and The Twelve will at once suggest themselves as cases 
 illuminating the principle before us. Aside from special divine 
 endowment who shall say how much of the success of the lesser 
 men is due in each instance to their close association with the 
 Masters, receiving thereby nobler ideals, spiritualized ambitions, 
 broadened natures, enriched experiences, hightened qualification 
 for abounding and epochal work. 
 
 We may find further illustration m our own day and nearer 
 home m the interesting relations of David Livingstone and 
 Henry M. Stanley. You know the story. The great hearted 
 missionary was lost in the mazes of the "dark continent." 
 Long time elapsed without any tidings reaching the civilized 
 world from the grand old hero. At last, as a piece of mere busi- 
 ness enterprise, Stanley is commissed by two great newspapers 
 to proceed to Africa and find Living-stone. American pluck.
 
 13 
 
 daring and wit succeed. The brave and saintly soul, who has 
 been followed by the prayers and sympathies of universal 
 Christendom and whose supposed loss has caused sincere and 
 widespread grief, is found. When Stanley came into the pres- 
 ence of that reverend and splendid man who was lovingly lavish- 
 ing his affluent and gifted nature upon the ignorant and imbruted 
 denizens of darkest Africa, it was to be expected that a deep 
 and abiding impression would be made upon the ardent spirit 
 of the younger man. This is what the young, ambitious, 
 worldly, "rustling" newspaper man thought of that magnificent 
 old Christian hero; "His religion is not of the theoretical kind, but 
 is a constant, earnest, sincere practice. For four nronths and 
 four days I lived with him in the same house, or in the same 
 boat or in the same tent, and I never found a fault in him. Each 
 day's life with him added to my admiration of him." This in- 
 timate association with Livingstone in the experiences of com- 
 monplace, every day life wielded a spiritual mfiuence that the 
 keen, shrewd man of the world could not blink or evade, and 
 made Henry M. Stanley a disciple of Jesus Christ. The m- 
 estimable value of his life and its marvelous services in enlight- 
 ening and liberating the dark and manacled continent must be 
 credited to the regenerating and inspirational influence of the 
 Christ in Livingstone. 
 
 Mark Guy Pearse, the distinguished Wesleyan preacher of 
 London, gives a touching illustration of the power of people as 
 a "means of grace" in an experience garnered when he was a 
 student. I will present it in his own words: 
 
 "When I was a student our grand old professor of theology 
 was a man for whom we had a great veneration — simple, child- 
 like, holy — none had ever known him to be anythmg else, and 
 that gracious and unfailing sweetness and beauty were to us his 
 natural disposition. To such a man it was no trouble to be 
 always blameless. But one day it chanced that a student came 
 in late to the class, and pushed his way to the seat. The pro- 
 fessor stopped to ask gently why he was late. The answer 
 was given somewhat flippantly, an excuse that aggravated the 
 offense. Instantly the professor, who had been sitting, rose up
 
 to his full height, until the big, massive man seemed to fill the 
 room, stretching out a trembling and terrible forefinger at the 
 offender. The great shaggy eyebrows were lifted, and the 
 lightnings shot from his eyes. Like thunder rolled the words 
 from his lips: 'Leave the room, sir.' We started in amazement 
 almost in fright. The culprit crouched away from his place and 
 left, while that majestic figure stood there all ablaze with wrath. 
 The door was shut. Then again the professor sat in his chair. 
 But the storm was done. With a trembling voice he read the 
 discourse, seeming almost unable to go on. After the lecture 
 we left only to gather in groups and discuss this wonderful 
 thing. Presently came a message that the offender was wanted; 
 and be hastened to the irate professor, expecting an angr}' repri-. 
 mand. Hut there sat the old man in tears. 
 
 'My brother.' he sobbed, 'will you forgive me?' 
 
 *No, sir; indeed, it is I who should apologize,' said the student 
 overwhelmed. 
 
 'No, no, I am older. Will you forgive me? I am very, very 
 sorry Say that you forgive me ' 
 
 The student managed to get out a word or two. 
 
 'And you must tell all the students that I have apologized, will 
 you.?' 
 
 And again there was a pause for the promise. 
 
 ♦Now,' said the noble old man, 'I will go and ask God to for- 
 give me.' 
 
 Nothing in all that life, -fiothing in all his words, ever did us 
 so much good as that. We knew then under that gentleness 
 and beauty what fires buined; and every man of us had a new 
 faith and a new hope and a new love." 
 
 Thus it is with all human experience. Highest, holiest truth 
 comes to us most vividly, contagiously and transformingly through 
 the supreme object-lesson of incarnation. Be it ours, teachers, 
 students, friends, to incarnate the Ideal Man so that our lives in 
 loving friction shall "sharpen" to finer issues and spiritulize into 
 diviner beauty the countenances of the friends we fondly cherish; 
 and thus shall the universal human life be lifted more fully fnto 
 the light and keyed more perfectly to the celestial harmonies.
 
 15 
 
 In closingj this hour ol spiritual coiiinuiiiitMi I hicathc thr I'lUtu'St 
 prayer thai this golden scntuiuMit may doininati' ami iuspiri' 
 every heart here present: 
 
 "May every soul that touches mine- 
 lie it the slightest contact — gel therefrom some good. 
 Some liule grace, one kiiull\- thought. 
 One asjiiration yet unfelt, one bit of courage 
 For the darkening sky, one gleam of faith 
 To brave the thickening ills of life, 
 
 One glimpse of brighter skies beyond the gatlu'ring mists 
 To make this life worth while 
 And heaven a surer heritage."
 
 ADDI?E§§ 
 
 delivered Before the |?allman Literary goeiety, 
 
 Jane is i86)3, 
 
 BY LIEUT. GOVERNOR A. C. BOTKIN. 
 
 Mr. President and Members of the Ptillman Literary Society : 
 
 Every rock emboweled in the earth has its story to tell of the 
 gradual growth of a shapeless mass of matter into a world of 
 light and beauty. Upon the different strata, as upon the leaves 
 of a book, are written the mighty changes since creation's birth; 
 so the jurisprudence of a country is its best history. It is not 
 so in the sense that regards history as a catalogue of battles and 
 a schedule of dynasties; but in that which looks upon it as 
 a panorama of the successive conditions through which a people 
 move from barbarism to a ripe civilization, and sometimes back- 
 ward to another form of savager3^ When Fletcher of Saltoun 
 said, "Let me make the ballads of a nation and I care not who 
 makes its laws," he uttered a very pretty epigram, but a flagrant 
 fallacy. He might have t^aid that the ballads make the laws, or 
 that the laws make the ballads, but the real truth is that the 
 people make the ballads and the laws. The laws of a nation 
 are the outgrowth of its manners and customs; the unfailing 
 exponent of its virtue, intelligence and advancement. 
 
 Law cannot be other than a growth. It has never occurred 
 that a code has been tr:insplanted and imposed upon a people by 
 the exercise of human authority. Perhaps the most complete 
 and enduring conquest in history was that of England by the 
 Normans, but the laws of the conquered Saxons survived to be 
 the basis of the jurisprudence that obtains to-day with the Eng-
 
 17 
 
 lish family upon three continents. The laws of the American 
 Indians are still observed among the different tribes, and will 
 doubtless continue to be so long as the tribal condition remains. 
 It is conceivable that a strange language might be forced upon 
 a people in the course of a generation or two; but it is not con- 
 ceivable that an entirely new system of jurisprudence could be 
 imposed upon a people by the utmost expedients of tyranny. 
 The laws of a people are simply a form and manifestation of 
 their life, growing with their growth, changing with their 
 changes, but beyond the power of violence or oppression to 
 sunder or replace. 
 
 After selecting the subject of this address I consulted Pom- 
 eroy's admirable treatise on Municipal Law, and there with a 
 mass of valuable information and suggestion, I found a protest 
 against the term "Unwritten Law." Undoubtedly it is lacking 
 in accuracy, though it has abundant sanction in usage. Much 
 of what we call "The Unwritten Law" is in fact written in the 
 decisions of the courts and the works of writers. Its definitive 
 feature is that it is not embodied in formal statutes. 
 
 To convey a general idea of its nature, and to illustrate by 
 comparatively recent examples its growth and adjustability to 
 ever changing conditions — behold the purpose of this brief ad- 
 dress. 
 
 To realize clearly what is "The Unwritten Law," the best 
 course perhaps is to determine what it is not; and to this end it 
 may be desirable to glance hastily at the codes of which men- 
 tion is found in history. The Roman Law of the Twelve 
 Tables is the first to be considered, and it takes us back to a time 
 four and a half centuries before Christ. Previous to that the 
 laws of Rome had consisted of the enactments of the senate 
 and the decisions of popular gatherings. They were not col- 
 lected, and were not even formulated with any degree of pre- 
 cision, and their defects became obvious even at a time when 
 the Roman people were not far removed from primitive condi- 
 tions. In the year 452 B. C , a commission was sent to Greece 
 in the hope of gaining from the maturer civilization of that 
 country the materials for a general system of jurisprudence.
 
 Upon their return a decemvirate was constituted and the product 
 of their labors, embodied in twelve articles or titles, came to be 
 known as the Twelve Tables. It is interesting to notice that 
 they dealt with nearly all the subjects of legislation and adjudi- 
 cation that exist to-day, and in addition to these they undertook 
 to prescribe how the child should be reared from his birth, and 
 how the dead should be interred. Some of ^he provisions are 
 very significant of the low state of civilization of which they 
 were the product. A debtor refusing to pay his debt could be 
 taken home by his creditor, where he could be tied by the neck 
 or have irons put on his feet to the weight of fifteen pounds. "If 
 the debtor be insolvent to several creditors let his body be cut 
 in pieces" on the third market day. It may be cut into more or 
 fewer pieces, says the obliging statute; and really it doesn't 
 seem that it could have made any considerable difference to the 
 unfortunate debtor. It is inconceivable that the Twelve 
 Tables should have remained the fixed bod} of Roman law dur- 
 ing the long period that elapsed before they were superseded, 
 and we must assume that they were little more than the trunk 
 upon which frequent amendments were engrafted. For between 
 the work of the decemvirs and that of Justinian, was an interval 
 of nearly one thousand years. During that time Rome had 
 achieved all that is greatest in her marvellous history. She had 
 borne her victorious eagles into many lands, and in in- 
 tellectual achievement had kept step with the tread of her 
 triumphant armies. Through the changing conditions of these 
 ten centuries, that compass the greater part of the history of the 
 republic and the empire, the law of Rome was the Twelve 
 Tables, supplemented by numerous statutes and decrees and by 
 the treatises of the jurisconsults. It was A. D. 528 that the Em- 
 peror Justinian projected the great work that bears his name, 
 perhaps justly in that he conceived and fostered it, though its 
 merit must be attributed to the labors of the lawyer Tribonian. 
 It was a daring project, contemplating nothing less than a uni- 
 versal code of law embodied in a single statutory enactment. 
 This design was successfully carried out. When completed 
 after five years of labor, it presented a collation of the imperial
 
 constitutions, a compilation of all the laws enacted during the 
 empire and a digest of all recorded judicial decisions, clearly 
 formulated and logically classified. It can not be regarded at 
 this time without inspiring profound admiration, and yet it was 
 the product of a time when the city that 
 
 "Sat upon her seven hills 
 And from that throne of beauty ruled the world." 
 
 was toppling to its fall. 
 
 It was in the year 533 that the Code of Justinian was com- 
 pleted, and its earliest successor dates 1267 years later. During 
 the first year of the present century the Emperor Napoleon 
 entered upon the task of rescuing the laws of France from 
 chaos and reducing them to an orderly and comprehensive sys- 
 tem. Great learning and painstaking were expended upon the 
 work, and it is in all respects a more enviable monument of the 
 genius of its great projector than the conquest of half the con- 
 tinent. The Code Napoleon was embraced in five volumes, and 
 attempted with fair success to provide for every contingency in 
 the affairs of men that could invoke the application of law. It 
 is still the law of France, and has left a greater or less impress 
 upon the jurisprudence of those countries of Europe whither it 
 was borne with the conquering legions of its author. It was 
 transplanted in Lousiana which was consecutively a Spanish and 
 a French colony, and which, after it became a State of the Am- 
 erican Union, adopted a code which retains all its principal fea- 
 tures. Thus it comes to pass that one of the States of our Ke- 
 public has a legal system that is radically different from those 
 that obtain in the others. 
 
 Partial codes are common in thi^ country, beginning with that 
 inexcusable specimen of craz3'-quilt legislation, the Revised 
 Statutes of the United States, and extending through all the 
 States. These, aside from their provisions respecting govern- 
 mental functions, are simply legislative enactments of legal 
 principles and deal principally with titles to real property, the 
 distribution of estates and the definitions and punishment of 
 crimes. They do not assume to be exhaustive, and even as to
 
 20 
 
 those subjects of which they treat, the unwritten law is liberally 
 drawn upon for the exposition and application of their provis- 
 ions. 
 
 What I have said may convey some idea of the written law, 
 or of the principal attempts that have been made to formulate 
 the body of the law that existed in the customs of the people, 
 the decisions of courts and scattered and fragmentary enact- 
 ments, and embody them in comprehensive systems of legisla- 
 tion. If I have succeeded in this, I have prepared the way for 
 an understanding of the subject of this address. What I will 
 continue to call for the convenience of the term "The Unwritten 
 Law," in violation of Prof. Pomeroy's protest, embraces the en- 
 tire body of legal rules and principles that do not possess the 
 form and sanction of statutes enacted b}^ legislative authority. 
 It may be stated with confidence that no two law suits ever pre- 
 sented exactly the same features. A court is confronted with a 
 given state of facts, and with the duty thereupon to see that the 
 legal rights of the parties are protected. First it invokes gen- 
 eral principles of law that may have their germ in abstract right, 
 or in the rude customs of the people centuries before. Then 
 it seeks in the decisions of other courts for analogous cases, and 
 applying these as nearly as may be, it pronounces a decision 
 which in turn becomes a precedent to aid later tribunals in deal- 
 ing with like questions. So "The Unwritten Law" is an accre- 
 tion that commenced with the birth of time and reaches to the 
 living present. For its ultimate source we have only to read in 
 the language of inspiration, "There is one Law giver," and to 
 find it in the divinely implanted instinct of right. For the rest 
 it is a growth in which custom and analogy are the active prin- 
 ciples. 
 
 Our language and our law have both a sturdy Germanic stock 
 The Angles and the Saxons occupied England earl} in the sixth 
 century and dominated the country until the Norman conquest 
 of 1066. During the greater part of this period they were 
 divided into tribes or small kingdoms and had no uniform sys- 
 tem of laws. The different customs of the several counties 
 were administered by the local tribunals, called folk-courts, and
 
 21 
 
 survived the union of the government under King Egbert and 
 even the conquest of England by the Normans. One of the 
 local institutions that were preserved performed an important 
 part in the history of our own country. The rule of descent of 
 real property in England is primogeniture, that is, realty 
 passes to the eldest male child. But in the county of Kent a 
 different principle obtains that divides the lands of a decedent 
 equally among his children. When King Charles gave his 
 brother the duke of York the American province that is now the 
 State of New York he inserted in the patent a clause that the pos- 
 sesions were to descend "according to the custom of the county of 
 Kent." This circumstance, which seems to have been little 
 more than accidental, may be said to have saved this country 
 from the principle of primogeniture, and in its remoter conse- 
 quence has been far-reaching beyond conception. With the 
 great facilities for the accumulation of wealth which this country 
 has always afforded, if estates were to descend without division, 
 our people would almost inevitably have succumbed to an aris- 
 tocracy. It was the ownership of the soil in small parcels that 
 made free institutions possible, and the same condition is their 
 chief muniment to-day. If that condition shall ever pass away 
 and be succeeded by landed monopolies, we may be sure that 
 the downfall of popular government and all that is most char- 
 acteristic and precious in our political and social institutions will 
 not be long in following. It seems Hke a trifling incident, the 
 addition of a few words to a royal patent, but it proved to be 
 the pebble that turns the course of a mighty river. 
 
 Feudalism left a strong impression upon the laws that we in- 
 herited from England. As a social condition we are so widely 
 separated from it in point of time that its grand and rugged out- 
 lines appear to us as dimly defined as an ancient myth; but you 
 cannot to-day read understandingly the deed of a lot in Lockey's 
 Addition to the Helena townsite without recurring to its insti- 
 tutions! 
 
 The laws that are derived from feudalism represent, as laws 
 ever do, the customs and advancement of the people among 
 whom they existed. The Saxons and Normans who built up
 
 22 
 
 the feudal institutions of England to a superstructive of sur- 
 passing splendor, were wailike races with no other standard of 
 honor and power than military service. The only thing that 
 was really treated as property was land. The absolute owner- 
 ship of the soil was vested in the King, and he parcelled out the 
 possession and enjoyment of it in large tracts to favored retainers 
 from whom he exacted in return a certain number of men to 
 serve under his command. By the practice of subinfeudation, 
 the tenants who held immediately from the King divided their 
 lands and let them to inferior tenants receiving in payment the 
 services of armed men; and this process continued until between 
 the sovereign and the wretched being who actually tilled the 
 soil there were several classes or degrees of tenants. 
 
 Around this system the laws of England were built up. But 
 later, and about the time of the revolution of 1688, commerce 
 and manufactures began to engage a larger share of the attention 
 of the English people, and movables, or what is known to us as 
 personal property arose to importance. Possessions of this 
 character were almost wholly without law to define and protect 
 the rights of owners, as the laws which feudalism had implanted 
 upon titles and tenures of the land were not adapted to movable 
 goods. Precedents and analogies failing to meet the require- 
 ment of rules to deal with the new questions arising, recourse 
 was had to the Institutes of Justinian. Perhaps, however, i^ 
 would be more accurate to say that the commercial intercourse 
 of England with the nations of the continent had introduced 
 certain usages which were recognized among merchants, and 
 that the courts adopted and enforced these usages so that they 
 became a part of the law of England. However this may be, 
 it is clear that the law merchant which we received from Eng- 
 land had its original source in Rome, and is strongly pervaded 
 with the spirit of what is called the civil, in contradistinction to 
 the common law. The grafting of a system borrowed from a 
 foreign soil to control relations and possessions that had newly 
 come into existence is an early and notable illustration of that 
 peculiar excellence of the unwritten law which consists in its 
 unfailing capacity of expansion and assimilation.
 
 23 
 
 'I wish now to give one or two turther illustrations of this 
 facility of assimilating new principles or expanding old ones to 
 meet the changes that are inseparably incident to human society. 
 Two of these may be found in the history of the law of waters. 
 The distinction between navigable and non-navigable streams 
 possesses some importance in law for reasons that it would be 
 foreign to our present purpose to recite. The common law of 
 England recognized as navigable only those streams that felt the 
 flow and re-flow of the tides, for the abundant reason that as a 
 matter of fact in that country only such water-courses were ser- 
 viceable for the uses of commerce. When the common law 
 was transplanted in America by the British colonies, it found 
 large inland rivers to which tae tidal influence did not extend, 
 but which were capable of affording passage for vessels of great 
 tonnage. It was monstrous to classify the Hudson, Ohio, Mis- 
 sissippi and Missouri rivers as to their legal status with the 
 brooks of England. In other words, the common law met here 
 a new geographical condition, and it bent itself to correspond. 
 It was not long before the English rule was modified ; and it is 
 now established by a decision of the Supreme Court of the 
 United States in a case concerning a river that is not larger than 
 the Jefferson and quite as exempt from the ebb and flow of tides 
 that if a river is capable in its natural state of being used for 
 the purposes of commerce, no matter in what mode the com- 
 merce may be conducted, it is navigable in fact and becomes in 
 law a public water-course and highway. Here was a notable 
 departure, but one wholly consistent with the controlling prin- 
 ciple which was expressed by Judge Sanderson of California in 
 the words: "The common law is a science of perpetual growth." 
 Following the same general subject, we come upon an illustra- 
 tion that is closely associated with the development of the new 
 west of which we are a part. Under the common law the right to 
 the use of the waters of a stream belonged to the owner of its 
 banks. This right can not be lost by non-user, though it is a 
 subject of prescription and might pass by adverse enjoyment 
 for the period fixed by the Statute of Limitations. All the 
 owners of the banks of a stream have a right to use its waters
 
 24 
 
 in common, and each is governed in the exercise of the right by 
 the all-pervading principle that one must so use his own prop- 
 erty as not to injure that of another. It followed that waters 
 must be allowed to flow in their natural channel as they were 
 accustomed to flow — ut currere solebat. 
 
 Such was the law at the time of the discovery of gold on the 
 Pacific coast. Water was an indispensable agent in separating 
 the precious metal from the earth in which it was found. It was 
 equally essential, owing to the climatic conditions of this section, 
 to enable agriculture to perform its function of furnishing food 
 for the gathering multitudes of eager gold seekers. The pio- 
 neers of California found streams of water flowing idly through 
 the public lands. Their diversion to places where they could 
 be used in separating gold from the earth and in the irrigation 
 of arid fields could injure no one, and the very existence of the 
 community depended upon it. It was plainly a violation of law; 
 every man who turned water out of its natural channel was a 
 law-breaker; but it is not to be wondered that this consideration 
 scarcely gave them pause. 
 
 In the construction of works for mining and irrigation,^large 
 expendiures were necessary, and millions of dollars were soon 
 invested in ditches and flumes for the conveyance of water from 
 its channel to the placers and fields. Should these vast prop- 
 erties be left without the protection of the courts? Every con- 
 sideration of justice and policy gave answer in the negative. 
 The situation was a difficult one; it required that a naked tres- 
 pass should be not only condoned but legalized and entrenched 
 behind the muniments that would afford it the security that the 
 law extends only to absolute rights of prosperty. 
 
 The common law proved to be equal to the emergency, as it 
 is equal to all emergencies. Said Judge Sanderson, from whom 
 we have already quoted: "The reasons which constitute the 
 ground work of the common law upon this subject remain un- 
 disturbed. The conditions to which we are called upon to apply 
 them are changed, and not the rules themselves." It is not 
 necessary to inquire whether this is strictly true- The learned 
 judge would perhaps have stated the situation more accurately
 
 25 
 
 if he had boldly announced that the principles of the common 
 law did not fit the conditions that confronted that commonwealth 
 and that it must extend its hospitality to new principles that those 
 conditions demanded for the furtherance of justice and the well 
 being of society. 
 
 While the doctrine of the common law was that only the 
 owners of the banks of a stream had a right to the use of its 
 waters, and even they could not divert it from its channels, the 
 courts of the West came to hold that a right to water could be 
 gained without regard to riparian proprietorship by its appro- 
 priation and diversion, priority in time conferring superiority of 
 right. When the question went to the Supreme Court of the 
 United States, it found there Hon. Stephen J. Field, a pioneer 
 of California who had sat upon the Supreme Bench of that 
 State. In giving the decision of the Court, he stated the prin- 
 ciple of the common law, and then proceeded in ihe following 
 language : "This equality of right among all the proprietors on 
 the same stream would have been incompatible with any ex- 
 tended diversion of the water by one proprietor, and its convey- 
 ance for mining purposes to points from which it could not be 
 restored to the stream. But the government being the sole pro- 
 prietor of all the public lands, whether bordering on the streams 
 or otherwise, there was no occasion for the application of the 
 common law doctrine of riparian proprietorship with respect to 
 the waters of those streams. The government by its silent 
 acquiescence, assented to the general occupation of the lands for 
 mining; and, to encourage their free and unlimited use for that 
 purpose reserved such lands as were mineral from sale, and the 
 acquisition of title by settlement. And he who first connects 
 his own labor v^ith thp property thus situated, and open to gen- 
 eral exploration, does, in natural justice, acquire a better right 
 to its use and enjoyment than others who have not given such 
 labor. So the miners on the public lands throughout the Pacific 
 States and Territories by their customs, usages and regulations 
 everywhere recognized the inherent justice of this principle; 
 and the principle itself was at an early period recognized by
 
 26 
 
 legislation and enforced by the Courts in those States and Ter- 
 ritories." 
 
 It is useless to do more than suggest the obvious truth that if 
 our jurisprudence had been embodied in a written code this rad- 
 ical departure from its principles would have been impossible; 
 yet that departure has been prolific of beneticent consequences 
 beyond calculation. It rendered practicable the settlement of 
 this vast section that now affords homes for six millions of human 
 beings, and in its sociological and economic influence may be 
 said to have changed the history of the race. 
 
 In the year 1829, steam was first applied to transportation on 
 land by George Stephenson with his historic engine, the Rocket. 
 The rapidly increasing use of this invention confronted the law 
 with a new puzzle. How was this later juggernaut that went 
 shrieking through the land to be controlled? It was revolution- 
 izing commerce; it was sure to be a factor in every temporal 
 interest of humanity; but the law knew it not. 
 
 We have already seen how the unwritten law takes on accre- 
 tions by the principle of analogy. So in this case, courts were 
 not long in determining that a railroad is a road. The vehicles 
 moved upon fixed tracks, and the motive power was steam in- 
 stead of animals; but notwithstanding these differences, a rail- 
 road was simply an improved highway. With this likeness for 
 a basis, the courts have built up the whole system of jurispru- 
 dence governing the construction and operation of these agen- 
 cies of traffic and travel. 
 
 The analogy was found very useful in assisting the building 
 of railroads. At first they could only secure the right of way for 
 their tracks by purchase from the owners of the property. But 
 this was in some cases only to be effected at extravagant prices, 
 and in some cases could not be done at all. But the doctrine of 
 eminent domain vested in the sovereign authority of a State the 
 right to take private property for a public use, and such 
 a use was the opening of a highway. Thus by the delegation 
 from the State of the right of eminent domain railway com- 
 panies could condemn and appropriate by proceedings provided 
 by statutes, such land as was necessary for the laying of their
 
 ^7 
 
 tracks; and it is mainly this that made possible the eighty thou- 
 sand miles of railroad that make the map of our continent look 
 like an exaggerated cob-web. 
 
 In time railroads came to be a mighty power in the land. 
 Their influence over commerce, industry and property was little 
 less than supreme, a fact that was happily characterized by an 
 eloquent orator and profound thinker who spoke of their domi- 
 nation as "the modern feudalism." "It is not surprising that the}-^ 
 exercised their power to their own profit, or that it led to abuse 
 and wrong. The evil grew to be far-reaching and grievous 
 before the people were aroused to the necessity of self-protec- 
 tion. Then they seemed powerless. Railroads were owned 
 by private companies. The State could not dictate to an indi- 
 vidual what he should charge for his services, or how he should 
 conduct his business; how then could it dictate to a private com- 
 pany? It was some time before an answer was discovered, but 
 at length the courts found a reason for doing what justice and 
 public considerations of importance demanded. True, a railway 
 company is a private corporation in the sense that it is an aggre- 
 gation of private persons contributing their private means to a 
 certain enterprise. But such a company exercises by delegation 
 the right of eminent domain, which is an attribute of sovereignty 
 and thereby takes on a quasi public character which subjects it 
 to the control of the State. In this reasoning a sanction was 
 found for the legislation regulating charges and forbidding dis- 
 criminations and other abuses such as the so-called "granger 
 laws" of some of the States and the inter-state commerce law 
 of Congress which is now occupying so large a share of public 
 attention. So the inherent faculty of the unwritten lavv of re- 
 sponding to the demands of new situations, always to the end 
 that justice shall prevail, was again vindicated. 
 
 The increasing use of short-hand writing has already worked 
 some changes in the machinery through which justice is ad- 
 ministered and may be expected to effect more radical innova- 
 tions upon our jurisprudence. I have myself seen a witness ex- 
 amined and cross-examined upon his bed of sickness from which 
 he could not arise, and his testimony then read to the jury from
 
 28 
 
 the stenographer's notes. Of course this could only be done by 
 stipulation; but not many years ago, such a proceeding would 
 have been regarded as a blow at the Constitution of the United 
 States and a clean knock out of Magna Charta. 
 
 It will be interesting to observe what new principles will claim 
 the hospitality of our jurisprudence in consequence of the gen- 
 eral introduction of typewriters. The use of seals which are 
 still attached to certain classes of instruments is a relic of a time 
 when to be able to write one's name was a rare and rather a 
 despised accomplishment; and now that we are turning over the 
 business of chirography to a machine, perhaps we will recur to 
 primitive expedients and makea seal serve all the purposes of a 
 signature Another field of conjecture is opened as to what 
 changes in our jurisprudence may ensue from the invention of 
 the telephone. Marriages by telephone have so far been only 
 the creations of newspaper paragraphers, and it is doubtful 
 whether they will ever become popular; but it is safe to predict 
 that the facilities for conveying human speech for long distances 
 will in time make its impress upon English and American juris- 
 prudence. It is thus that the unwritten law expands and adjusts 
 itself to each changing phase in the progress of mankind. If 
 we were to look upon it as an immense volume, we will find a 
 liberal space on every page upon which there may be written 
 without end new principles as time moves on in the performance 
 of its appointed task. 
 
 The relative merits of written and unwritten law — of the law 
 that is in the form of direct statutory enactment and that which 
 is built up by judicial decisions — have been often discussed, and the 
 question is now confronting us in consequence of the preparation 
 of a general code for submission to our Legislative Assembly. 
 It is urged in support of this measure that there should be a 
 clear, precise and authoritative formulation of the law of the 
 land that will enable every citizen of ordinary intelligence to as- 
 certain, each for himself, what are his rights, duties, and responsi- 
 bilities. Thus when he enters into new relations, he may know 
 in advance vvhat they imply and will not be left until difficulties 
 have arisen and then be required to seek the aid of lawyers and
 
 29 
 
 the courts. The unwritten law, it is claimed, is of necessity 
 vague, indefinite and elusive, and it is only in a code that cer- 
 tainty and precision can be attained. 
 
 There would be a good deal of force in these considerations 
 if human progress were at an end. In the nature of things a 
 code can only provide for conditions and relations existing at 
 the time of its creation; it can not anticipate all the incalculable 
 possibilities of the future. Thus the feasability of a code must 
 depend upon a state of society differing little from absolute stag- 
 nation. While there is a leaven of unrest in the race; while 
 thought and aspiration are contriving successive changes in the 
 circumstances and activities of mankind — so long a fixed and 
 inflexible system of jurisprudence must be inndequate and an 
 obstruction to advancement. 
 
 A statute so comprehensive and perfect in all respects as to 
 obviate the necessity for courts is, humanly speaking, an im- 
 possibility. So far as codes have been tried, they have not 
 diminished litigation; they have rather increased it. When laws 
 have been passed to take the place of the unwritten law upon a 
 given subject, courts have quite commonly found more to do in 
 interpreting the language of the act than they would have had 
 in deciding the cases if no such act had been in existence. 
 
 The code which it is now sought to adopt in New York was 
 adopted some years ago in California; and Prof. Pomeroy after 
 an extensive experience of its operation, speaks as follows: 
 
 "The Civil Code of California, among all other instances of 
 similar legislation, pre-eminently needs judicial interpretation. 
 There is hardly a section, whether it imbodies only a definition 
 or whether it contains the utterance of some broad principle, or 
 some general doctrine, of some single special rule, wnich he 
 does not require to be judicially interpreted in order to ascertain 
 with certainty its full meaning and effect. Upon this great work 
 of construction and interpretation, the Supreme Court has, in 
 reality, but just entered. 
 
 "Our Civil Code, regarded as a comprehensive system of statu- 
 tory legislation, covering the entire private jurisprudence^ of the 
 State, as a scientific or practical arrangement and statement of
 
 30 
 
 the principles, doctrines, and rules constituting that jurispru- 
 dence — in other words, as an example of true codification — is, 
 even in the estimation of its original authors, full of defects, im- 
 perfections, omissions, and even inconsistencies, which must, so 
 far as possible, be supplied, removed, and harmonized by the 
 courts, for it be useless to expect any real aid from the Legis- 
 lature." 
 
 The Code of Procedure which was adopted in New York in 
 1848, and is now substantially in force in most of the States, was 
 in reality a reform, because the old common law forms of plead- 
 ing were so artificial and intricate that Justice was often smoth- 
 ered in the folds of her own garments. Nevertheless it is found 
 that while the decisions of the courts of that State on questions 
 of practice from the organization of the State government to 
 1848, would only fill twelve volumes, the reports on that class 
 of questions now number 130 volumes. Clearly it is not 
 yet demonstrated that codes can be made to serve the very 
 desirable end ot decreasing litigation. 
 
 And this brings us to a difference between the two systems of 
 law that possesses grave importance. When a court is called 
 upon to determine the rights of parties under a given state of 
 facts as to a matter that is governed by a statute, its labors must 
 be directed to deciding the meaning of the statute which may 
 be more or less clearly and accurately set forth in words. In 
 the absence of a statute, the court has only to look at the gen- 
 eral principals of justice by the guiding fights of precedent and 
 analogy. In the one case it is a question of the meaning of 
 words; in the other a question of what morality and good con- 
 science would dictate. In the one case the determination may 
 depend upon the omission of a comma; in the other, it will con- 
 form to the eternal principles of right. 
 
 But probably the chief superiority of unwritten over codified 
 law is that faciUty of expansion and adaptation which 1 have 
 sought to illustrate by a few examples. A statute may be 
 amended or repealed by the power that enacted it, and that can 
 onl) be done by another statute, which must also be general and 
 inflexible. It is not in the nature of a legislative enactment to
 
 3^ 
 
 be susceptible of these nice adjustments to such particular case 
 that is realized by the common law. In deciding a particular 
 case judges do not formulate a general rule; they only deter- 
 mine the rights of the parties under the peculiar circumstances 
 of that case. In so doing they make a precedent which would 
 be, in a degree, binding upon other judges if exactly the same 
 question were to arise again, which, however, is scarcely sup- 
 posable; but from the body of these precedents comes that 
 stability which can be secured without the sacrifice of flexibility. 
 So, as far as possible with finite beings, abstract justice is ap- 
 plied to conciete conditions. The recurrence to these fundamen- 
 tal and universal ordinances of justice and morality is so constant 
 and so characteristic that it has been said with force that the 
 Christian religion is a part of the common law. 
 
 As the interests and activities of men grow and multiply, new 
 relations are created, and new questions arise. A statutory 
 jurisprudence is worse than helpless to deal with these; but the 
 unwritten law responds unfailingly from sources that are as in- 
 exhaustible as God and Truth. The germ of vegetable exis- 
 tence sending its roots downward, spreading its branches up- 
 ward, expanding its leaves to the sun, putting forth bud and 
 blossom to attract the insect to carry upon its tiny feet the pollen 
 dust that shall germinate new growths is not more noiseless, 
 harmonious and beautiful than the symmetrical up-building of 
 that system of jurisprudence which recognizes the precept of 
 inspiration, "The letter killeth, but the spirit maketh alive." 
 
 The imagination fails to compass the future of the race. We 
 can only recognize the certainty that it will involve ceaseless 
 chanofes and diversifications in all social, commercial and indus- 
 trial interests, activities and relations. Throughout all these, 
 the law must be a present, pervadmg and potent factor. But 
 this cannot be the cold letter of statutes or the rigid formulas of 
 codes. It is only the free spirit of the law "whose seat is the 
 bosom of God; whose voice is the harmony of the world."
 
 1-;Y MON. W F. SANDERS. 
 
 /]//. /'/rsi(/i-i//, /.(/(//cs (H/i/ (ifiilh-nu'iio/ I lie luniiii o/ '/dusters, 
 llic luntiltw (iiui llii- ruj^ih ami /\i/)i>iis o/ llw Monlann Uni- 
 versity: 
 
 All impulse mikI si-iisi' ;^allu'i loicc and rclint'iiu'nl fiom md'o- 
 spci lion, Irotii lioiMs si'l apart lor coiihiiiplalion, foi' patii-iit i c- 
 vii'W ol tlu" pa.sl, for examination ol llic pit'seiil and for |)iojeel- 
 iii^ aciivitii'S for llu' futmc. And fiom this Irnlli arc horn .sacred 
 and anniversary days. Tlicy ar«' marked with red Idlers in 
 hum, III hisloi y. They recall us liom the sordid monotony of 
 Ihou^^hl and atlioii, they inleriu|>t the s iliety and lassitude bc- 
 <;otlen of the tommonplacc and familiar, and lift us into lU'W 
 views and itlalions alike with llu- interior and exterior world. 
 Wc escape for a time from that of which we arc a pait and e.\|)ose 
 all our surroundings u|>on some hill lop where they may he he- 
 holdeii ol all men, hut chielly and most usefully beholden oh- 
 jeitivelN' by ourselves. It is e.s.seiitial from time to lime that 
 theri' shall be ri'trospeiiion and review, that there shall be 
 eiu|uiiy as to oiu" relations vvith other activities ami impulses, 
 that we may conform to tlu- ^riuMal moMMueiil ol which we arc 
 but .1 pait. And so most wisely has the univeisily appointed 
 its annual anniversary, its day of days when it shall interrupt all 
 its bus}' toil, cease the patient and pertinacious labor, call .i 
 moiiu'htaiy h;ilt upon individual cHoil and ti anslij^ure the sihool 
 into oiTe stru;4|;le, one idea, and lompaie that unity v.ith .ill 
 contt luporai \' .iiitl io-mmIc tlu-mes.
 
 Wc have, tlicictoic, as a j)crmaiK;iil ^iill lo oui iiilclk'ilual 
 life, as one of llie treasures of lliis ;^reat inslituliou lo be of in- 
 creasing value wilh the revolving years, this festival anniversary, 
 Coniinencenient thiy. It is a day saeretl to Learning, ii is a day 
 when her devotees gather with delight and devotion, to make 
 from their augmented and allied experiences some contribution to 
 her weal. 'i'lu;se are days whiih as they niulliply in innnber 
 and riM'ede into the past will constitute milestones in her history, 
 making beautiful and alluring the atmosphere which surrounds 
 the school, giving pride lo all those who by hcv eijuipped for 
 manly duly shall from these walls go forth to hght tlu; battles of 
 liie in her spirit and lor the truth for which she stands. 
 
 It is therefore lilting that the Stale in the person of her chiefesl 
 ollicers should here salute the School, that civic power and 
 scholarship should here sit side by side in thai inseparable com- 
 j>aMionship, which may not be destroyt^d. In this affectionate 
 embrace, learning and law shall forever abide for neither can 
 exist without the other. 'I'hat in this intimate and wise rela- 
 tionship the Stale has some advantage none may tieny. ICxterior 
 forces ordain and support her, but she would without other 
 nourishment wither and decay. SeKishness and greed readily 
 conceive need for her impeialive existence and are impelled lo 
 her supjiort even by coarseness itself. Hut like k;arning for her 
 increase and usefulness she must comuikiikI tin' alf(H:tioii and 
 homage of loyal sons. Without this habit no ordination could 
 perpetuate her benelicent reign. Nor can mere devotion to or- 
 dained govermnent preserve her but by a wise perception and 
 supply of her needs. l^^or so it is that in the evolution of our 
 industrial life, in the multiplication of the di-sires of men and 
 nations, in the ever widening lheal(;r of human industry, in the 
 disturbances conse(pient on our inventive genius, we find our- 
 selves day by day confronted with unsolved problems, present- 
 ing ever and anon new diflicullies which no prec(;denl illumines, 
 hedged around with disturbing doubts, which no prescience 
 wholly removes. No blind follower ol the blind is adecpiate to 
 |)oint wilh conlidence our course in this untrodden way And 
 thus it is thai the State sununons leiiinitig to l.er ;iid and walks
 
 34 
 
 with her hand in hand. She cannot permit a step forward save 
 as she is guid jd by scholarship. It is the eye of the mind. 
 They are each essential to the other, each halves of a golden 
 whole. 
 
 In the rivalries and contentions which new conditions, cupidi- 
 ties and human ambitions incite, in the struggles born ot varied 
 aspiration, impulse or hope, new problems are ever being pre- 
 sented, crystalhzed and demanding solution. If there can be 
 brought to that solution the calmness and prudence which wis- 
 dom gives, the large examination and just determination which 
 is her mission, no question, however, fraught with danger can 
 long disturb nor seriously imperil the social or moral order. 
 
 We are impelled to this companionship by considerations 
 which a superficial knowledge even recognizes and affirms. For 
 in the order of nature, worldly prosperity and moral good are 
 inseparable and ever walk hand in hand. Contradictions of this 
 truth seeming to be exceptions are apparent rather than real. 
 No state or community has long survived the decay of morals, 
 and morality is the die' ate of wise selfishness. Without enquiry 
 as to their origin if the Ten Commandments, their memory and 
 history, were blotted from literature, and thought of them utterly 
 annihilated, human experience after much turmoil through any 
 disasters and vicissitudes would recreate the impressive com- 
 mands, and commend them to the approval of civilized men. 
 And this is their vindication. 
 
 Ignorance assumes the determination of complex controversies 
 affecting the welfare of mankind without a wise knowledge 
 of the difficulties presented and with the most superficial appli- 
 cation of remedies proposed. Impulse rather than reason, im- 
 patience rather than wisdom, are natural characteristics of the 
 untrained mind, and we are in the midst of an era when un- 
 trained minds confidently assume a superiority to human experi- 
 ence and yield to impulse as a supreme guide. No controversy 
 can be wisely and finally determined but by a comprehension of 
 all the elements which enter into it, and the world is wasting its 
 energy in struggles to correct things which seen only with par- 
 tial vision it does not comprehend.
 
 35 
 
 It is not by single instances, but by principles that remedies 
 are found, it is not by the study of a single application to indi- 
 vidual action that the public good is foreshadowed. Above all 
 it is not by each party or person striving for the welfare of its 
 or his craft to the disregard of all others that the orderly pro- 
 gress of what we call civilization is made. And it seems to me 
 that this is the mistake of our times. Some years since a dis- 
 tinguished statesman — himself for many years ornamenting a 
 seat in the Senate said : "These Senators have each their avoca- 
 tion and experience, and are striving and voting from considera- 
 tions affecting that avocation and experience exclusively." To 
 this statement which unquestionably was an exaggeration of a 
 perceived evil I expressed surprise and apprehension, but my 
 fears he sought to allay by saying, so varied were these avoca- 
 tions and personal interests that each had its representative and 
 in the lapse of years and as a resulting strife, affairs ultimated 
 about as well as if legislators acted from philosophical considera- 
 tions. But there is too much of truth in the statement that in 
 modern days we do not sufficiently act on the grave affairs 
 which a democracy has in its keeping, from a comprehensive 
 and philosophic view; we belittle learning and minimize the 
 value of human history and the abstract rules deducible there- 
 from. For the value of learning arises from its inerrant deduc- 
 tions from every circumstance of human life, sifted and separ- 
 ated from the accidents oE fortune, assorted, classified and com- 
 pared until from them all a true rule of human conduct is 
 evolved. Modern life will have no partial view, the entire hori- 
 zon is its field of observation, it gives proper weight to every 
 consideration, it insures against folly and is the impelling cause 
 of moral and social order. Too much of human energy put 
 forth for the same noble ends is wasted by diversity of view 
 and jarring and discordant strife born of a want of knowledge 
 diminishes the harvest of good. 
 
 It is an old vision that "wisdom is the principal thing." Gee 
 "wisdom and with all thy getting, get understanding." "Take 
 fast hold of instruction, let her not go, keep her for she is thy 
 life." And when our fathers put the burden of government upon
 
 36 
 
 all the people and trusted to their skill to manage so complex 
 an enterprise, their wisdom foretold the imperative need of 
 learning to qualify the new kings for the new duty thus auda- 
 ciously devolved upon them. No circumstance of their lives is 
 of higher praise than their labor and sacrilice to establish insti- 
 tutions of learning, to render secure the new system, which in 
 their enthusiastic conception of human rights, they had thrust 
 upon a surprised and expectant world. 
 
 l^^tters theretofore in the hands of persons trained for their 
 management, were henceforth to be confided to the common 
 people, all unused to the complexities and the large considera- 
 tions which sway peoples and take hold of and vitally affect 
 their material welfare and give direction to their energy and 
 hope. New conditions which in the mutations of human activi- 
 ties were ever to arise with multiplied interrogations, impera- 
 tively demanded solution. The moral and social order was to 
 be conserved by action well nigh universal. 
 
 No more were persons to be set apart from others to study 
 governmental philosophy and enquire the beckonings, the warn- 
 ings, the lessons of history. It is the chiefest thing that educa- 
 tion forbids conclusion fcom fragmentary or partial views. It 
 enables its votary to see the entire horizon and to comprehend 
 the elements which enter into every question and decision, and 
 to render justice to each of tiie diverse philosophies, dividing 
 human thinking and to which portions of the human race adhere. 
 It makes provincialism impossible, and its saving power is mani- 
 fest in exposing to fatal questioning those differences which are 
 apparent rather than real and which keep in futile turmoil, com- 
 munities and states. It finds in abstract rules or past experience 
 precedents which furnish a solution for every quandary, and an 
 escape from every difficulty. But it is not the remembered text, 
 or problems or their solutions, which give to learning its chief 
 value. In its acquisition the human mind becomes agile in the 
 pursuit of truth, eager for investigation, difficult of deception, 
 confident of its resources, and pertinacious in the pursuit of un- 
 discovered good. 
 
 The times upon which we have fallen are of abounding in-
 
 31 
 
 terest and the very era itself is one for congratulation. It is a 
 time of strong and stormy agitation when new problems of gov- 
 ernment and social life and morals impend demanding solution. 
 Reformers are found on every hand, here intent upon reclaim- 
 ing "Sahara" by processes which no wisdom justifies, and there 
 with their heads in the clouds, impracticable and without com- 
 prehension of the material with which they have to do. On 
 every hand the long imprisoned winds are loosed, strange 
 theories proposed, wonderful diagnoses of social wrongs .are 
 propounded, until one must wonder at the innumerable evils seen 
 and the thrice innumerable remedies prescribed. The ignorant 
 are misled by the perspective, being swayed by that which is 
 near and small rather than by that which is commanding but 
 remote, as the briar at your nose seems greater than the oak on 
 the horizon. ' Conscious of supreme and prevailing force, 
 ignorance vaunts itself, but like Alciphron its devotees are 
 swinging in air and darkness knowing not whither them 
 the winds do blow. "Chaos umpire sits." Confusion and 
 babble fill the air with their cries until the children of the wise 
 in wonder are compelled to enquire and examine the evils which 
 oppress and to soberly prescribe the remedies which may limit 
 or eradicate their flagitious influence. 
 
 It is the mission of scholarship to irradiate with its intelligence 
 this might} nebulae of incoherence and to bring oider out of all 
 this chaos. Selfishness and cupidity may prescribe for all this 
 confusion their drowsy syrups, but earnestness and honesty will 
 know the evil and its cause and will find an appropriate cure. 
 
 Never was a generation of scholars called to so grave or high 
 a mission. In the orderly progress of the world in times that 
 are past, civilization has been slow paced, and her devotees 
 could tell from the sure footing of to-day the appropriate and 
 fitting step for to-morrow. But the century which is drawing 
 to a close has been a succession of wonders in physical and in- 
 tellectual life, it has leaped with wondering rapidity until we are 
 farther away from the eighteenth century, than it was from the 
 fifteenth, and in all the experience of the past there is no unmis- 
 takable Pharos to guide us in the imminent and expanding future. 
 
 272380
 
 38 
 
 We are still experimenting with goverment and with our feet 
 occupying new and hitherto untrodden fields. 
 
 The earth and man are alike in a transition state and the world 
 is young. Indifferent to the historic processes of creation its 
 incompleteness is apparent, there is no rest in its ever increas- 
 ing momentum, and its onward march changing alike natural 
 and artificial conditions is ever presenting new problems for 
 scientific solution. Our best social and economic inventions are 
 but adaptations to temporary conditions destined to become ob- 
 solete when those existing conditions have passed away. Our 
 visions are so narrow, and historic existence so short, we 
 dwell so much on what is and what has been, that we are in- 
 capable of comprehending that which is to be. We never think 
 of the world when progression has reached its outmost farthest 
 verge, when every rood of the habitable globe shall be strained 
 to its utmost capacity and man shall limit his needs to utmost 
 parsimony, that on this orb the countless throng may live. Then 
 human solicitude will watch with vivid intentness, production 
 and consumption, for betwden them there will be no margin. 
 For the daily production of prolific and benignant nature there will 
 be urgent and instant need. It would be an absorbing enquiry 
 to ascertain the probable influence of these conditions upon our 
 intellectual and physical life, what modification of morals may 
 be probable, and what revolutions will occur in our social exis- 
 tence. That when the myriad of people who then exist upon 
 this orb, testing it to its utmost capacity shall be confronted 
 each with the other, human existence will be difficult, will re- 
 quire sacrifice, deference, industry, economy and forethought 
 beyond an3'thing now deemed possible is apparent to the dullest 
 observation. When every form of dissipation and vice shall 
 have been abandoned, and every rood of land and sea yields 
 its utmost to the hand of toil, when human existence is limited 
 by the incapacity of the earth to yield more, it will have reached 
 its normal condition and the world will be ripe. What will oc- 
 cur beyond this completeness is beyond my ken if not beyond 
 my curiosity. Childhood and age will engage in a supreme 
 struggle to coax from earth's prolific womb another crumb to
 
 39 
 
 sustain a life which else is doomed. But abounding and gener- 
 ous nature will have exhausted her resources and farther life is 
 superfluous on this earth, for it there is no sustenance, no place, 
 no home. Then there will be no new continents or seas to dis- 
 cover, no unoccupied islands will beckon, no desert will be so 
 barren as to forbid, there will be no frontier to press or cross, no 
 States to found, no gardens to lure. 
 
 Tropic and frozen zone alike will yield their best and cavern 
 and sky will alike be coaxed to become benignant ministers to 
 human existence. There will remain a giant struggle to be. 
 It is not given us to know through what eeons ot ages this orb 
 will swing in space bearing on its surface its myriad of tragedies 
 and in their contemplation the human mind is appalled. Awed 
 by so vast a perspective and so remote a view the human mind 
 refuses to continue the enquiry and shrinks from its contempla- 
 tion. We are repelled from a vision which reveals only a dull un- 
 varying monotonous condition of human endurance and with 
 infinite gladness we turn to the Here and Now where hidden 
 forces of nature are being discovered and applied, where con- 
 quest invites, where human conditions are ameliorated, where 
 accumulation rewards and man leaves his impress on the moral 
 and physical world, where in short, there is achievement, con- 
 quest and individual gratification. 
 
 And it is this very velocity of a New World rapidly de- 
 veloping itself under the guide of high intellectual activity that 
 presents to us the strange and momentous difficulties we are 
 called upon to solve. I speak not of political modifications and 
 changes, nor dwell upon the hackneyed and trite theme of a 
 new system of government, inaugurated by our fathers and 
 based upon the inalienable rights of men. They are subjects 
 perpetually discussed and no element entering into them is likely 
 to escape observation. The discovery of continents and islands 
 and their occupancy, the creation of new wants and new indus- 
 tries, the inventive genius which finds expression in rapid transit, 
 which has brought the four corners of the earth together, and 
 the consequent intermingling of ideas and principles and pro- 
 jects, has devolved upon this democracy, problems, before which
 
 40 
 
 courage itself would almost pale. The lessons of yesterday 
 are not the illuminations of tomorrow, for new conditions make 
 them uninstructive, and they are inapphcable and unreliable as 
 guides. As the problems are new, the examination of them 
 must be original, and our thinking cannot be the routine think- 
 ing of former times. We shall learn as much by contrast as by 
 comparison, as much by the pursuit of abstract truth as by ob- 
 servation of concrete instances. Prudence and foresight are 
 supreme duties, and that which fits us for these is an invaluable 
 possession. 
 
 Philosophers have differed as to the meaning of these strange 
 impulses v hich have seized the people of modern times, notabl}^ 
 in our own land, which find expression in the creation of un- 
 numbered civic and secret societies, each professing some sort 
 of amelioration of human conditions. The optimist finds in them 
 manisfestations of large friendliness and fellowship, and a desire 
 on the part of each to be useful to all of his particular craft, 
 and the pessimist sees nothing in them but social disintegration and 
 the promise of disorder. Each probably exaggerates the con- 
 sequence of these manifestations, but no imputation can rest 
 upon the purpose of the actors in so strange an evolution. 
 
 With excepiions too puerile and exotic to justify mention, the 
 impulse of these people is manly and good. They desire good 
 government, the diminution of human suffering, the mainte- 
 ance of public order, and they think they see outside of these 
 particular societies indifference to the welfare of their particu- 
 lar functions. If they do not appreciate that political societies 
 secret in character are a threat to democratic institutions, they 
 will soon learn that great truth, and bring all their propositions 
 and discussions to the light of day. 
 
 Within the memory of many of us, in school and at church, 
 at the fireside and on the forum, the supreme lesson sought to 
 be taught was that scholarship was essential to statesmanship, 
 that no person was fitted to deal with large themes affecting- 
 multitudes of men, who had not been enlightened by history 
 and philosophv, and who had not a sincere and earnest desire to 
 promote the welfare of his fellow man. We learned this lesson
 
 4^ 
 
 as pupils in school, as lisping children at our mother's knee, and 
 evjry observation and event in life justifies the storv and makes 
 it the most impressive lesson of the time. It stood unchallenged 
 and supreme, swaying all thought and truth, to which every in- 
 telligence rendered willing and gladsome homage. But in the 
 mutations of time and the accidents of fortune here in the 
 United States, commenced a physical struggle, compared with 
 which all former struggles pale into insignificance. The de- 
 mand of the time was for men of iron with nerves of steel ; to 
 them all eyes looked anxiously, and bid them welcome and 
 although the strife which gave them prominence has passed awa}', 
 the impress of their consequence has survived the period of 
 their importance, and we live in forgetfulness of the fact, that 
 the times call again as loudly as before, for scholarship, for 
 philosophy, for friendly affection for the institutions that are to 
 be moulded and shaped, so as best to promote human happi- 
 ness. Some poet has lamented : 
 
 "In the old days (a custom laid aside) with breeches and 
 
 cocked hats, the people sent 
 Their wisest men to make the public laws." 
 
 And if this is an exaggeration, it nevertheless has in it a sub- 
 stratum of truth. We are sought to be mislead from our inter- 
 est by the plea that government is business, and that it may be 
 trusted to business men, by which phrase we mean, money- 
 getters, and so it has occurred, and is occurring, that men whose 
 lives and thoughts and aims are the making of money, have 
 charge in greater or lesser numbers of the most delicate 
 mechanism ever submitted to the ingenuity, care and handiwork 
 of man. 
 
 That under such circumstances men are forgotten in public 
 affairs and money is remembered with admiring solicitude need 
 not be esteemed strange. The best men will take direction and 
 form and their actions will comport with the avocations which 
 they pursue, the ambitions which are personal to them, the 
 hopes which they desire to have in their own instance fulfilled. 
 Not all of us have the time or talent tor study, not all of us in
 
 42 
 
 the exacting demands of this work-a-day world can grasp the 
 influences that enter into wise legislation, and all of us can see 
 that the drift of our modern life is in the rapid augmentation of 
 material good and a distribution of it seemingly unfair, and all 
 of us can see that the tendencies of the time are to magnify 
 this money, to add to its potency in our social and political life, 
 and to attribute to those who possess it qualities not unlike the 
 divinities of ancient mythology. If governmental action is to 
 be approached on sordid planes, it must be apparent to the dul- 
 lest observation that there can be no civic pride, and civic pride 
 is the impulse of patriotism the minister of morality, the assur- 
 ance of fidelity to all the great interests submitted to its care- 
 As we are limiting and annihilating the wide unoccupied pub- 
 lic domain which remained for so many years a safet} valve for 
 superfluous population and a theatre for incoherent vagaries, 
 society rapidly crystallizes and becomes assorted, and social 
 order ultimately presses harshly upon some classes of our peo- 
 ple that before could find ample relief, now denied. Probably 
 no circumstance of our lives has exercised so supreme an in- 
 fluence upon physical existence as transportation furnished by 
 steam. It has torn down and built up cities, it has burdened or 
 helped communities and States, it has made intelligence well 
 nigh universal, particularly that form of intelligence which re- 
 sults from knowledge of human activities and which is superfi- 
 cial learning. But we must not forget that such observation of 
 men in proportion as it makes men confident, invites them to 
 deal lightly with grave issues, for it magnifies the individual and 
 minimizes the community, and laws must have regard to the 
 community, and be justified from considerations affecting the 
 masses rather than individuals. 
 
 "Shallow drafts intoxicate the brain. 
 But drinking deeply sobers us again." 
 The story of the past centuries is a weary vision, it is de- 
 formed by wars, by ignorance, by superstition. It presents the 
 anomaly of uncounted millions governed by force of the few, a 
 pyramid upon its apex, maintained through weary years of suf- 
 fering, disorder and shame.
 
 43 
 
 And now that dennociatic institutions have a secure foothold 
 on all the continents, and are working the sure disintegration of 
 absolutism, what grave questions have we in these United States, 
 and in this Commonwealth confronting us ? What danger^ seem 
 imminent in the future, against what perils must we guard, what 
 remedies shall we prescribe for threatened evils ? These ques- 
 tions address themselves to scholarship, and to the patriotism of 
 all our people. For we cannot escape these perils by blindly 
 shutting our eyes to them, and he must be thrice blind who can- 
 not see in the intellectual tumult around us portents of evil. 
 Economic disorders, political disturbances, social disintegration, 
 challenges of the right of Government itself to be, and all these 
 multiplied, and that too in a country whose corner stone is that 
 the people themselves shall rule. 
 
 Perhaps no individual has voiced more despairingly the pos- 
 sibilities in store for a democracy, than did Lord Macaulay, a 
 generation ago in his letter to Mr. Randall, the author of the 
 life of Jefferson. He said : 
 
 "You are surprised to learn that I have not a high opinion of 
 Mr. Jefferson, and I am surprised at your surprise. I am cer- 
 tain that I never wrote a line, and that I never, in Parliament, in 
 conversation, or even on the hustings — a place where it is the 
 fashion to flatter the populace — uttered a word indicating an 
 opinion that the supreme authority in a state ought to be en- 
 trusted to the majority of citizens told by the head ; in other 
 words, to the poorest and most ignorant part of society. I have 
 long been convinced that institutions purely democratic, must 
 sooner or later, destroy liberty or civilization, or both. In Europe, 
 where the population is dense, the effect of such institutions 
 would be almost instantaneous. What happened lately in France 
 IS an example. In 1848 a pure democracy was estabhshed there. 
 During a short time there was reason to expect a general spoli- 
 ation, a national bankruptcy, a usurpation of the soil, a maxuDum 
 of prices, a ruinous load of taxation laid on the rich for the pur- 
 pose of supporting the poor in idleness. Such a system would, 
 in twenty years, have made France as poor and barbarous as 
 the France of the Carlovingians. Happily, the danger was
 
 44 
 
 averted ; and now there is despotism, a silent tribune, an en- 
 slaved press. Liberty is gone, but civilization has been saved. 
 I have not the smallest doubt, that if we had a purely demo- 
 cratic government here the effect would be the same. Either 
 the poor would plunder the rich, and civilization would perish 
 or order and prosperity would be saved by strong military gov- 
 ernment, and liberty would perish. 
 
 You may think that your country enjoys an exemption from 
 these evils. I will frankly own to you that I am of a very differ- 
 ent opinion. Your fate I believe to be certain, though it is de- 
 ferred by physical causes as long as you have a boundless ex- 
 tent of fertile and unoccupied land, your laboring population 
 will be far more at ease than the laboring population of the Old 
 World, and, while that is the case, the Jefferson politics may 
 continue to exist without causing any fatal calamity. But the 
 time will come when New England will be as thickly peopled as 
 Old England. Wages will be as low, and will fluctuate as much 
 with you as with us. You will have your Manchesters and 
 your Birminghams, and in those Manchesters and Birminghams 
 hundreds of thousands of artisans will assuredly be sometimes 
 out of work. Then your institutions will be fairly brought to 
 the test. Distress everywhere makes the laborer mutinous and 
 discontented, and inclines him to listen with eagerness to agita- 
 tors who tell him that it is monstrous iniquity that one man 
 should have a million, while another cannot get a full meal. In 
 bad years there is plenty of grumbling here, and sometimes a 
 little rioting. But it matters little. For here the sufferers are 
 not the rulers. The supreme power is in the hands of a class, 
 numerous indeed, but select ; of an educational class ; of a class 
 which is, and knows itself to be, deeply interested in the secur- 
 ity of property and the maintenance of order. Accordingly 
 the malcontents are firmly yet gently restrained. The bad time 
 is got over without robbing the wealthy to relieve the indigent. 
 The springs of National prosperity soon begin to flow again, 
 work is plentiful, wages rise, and all is tranquility and cheerful- 
 ness. I have seen England pass three or four times through 
 such critical seasons as I have described. Through such sea-
 
 45 
 
 sons the United States will have to pass in the course of the 
 next century, if not of this. How will you pass through themr 
 I heartily wish you a good deliverance. But my reason and my 
 wishes are at war, and I cannot help foreboding the worst. It 
 is quite plain that your Government will never be able to re- 
 strain a distressed and discontented majority. For with you the 
 majority is the Government, and has the rich, who are always a 
 minority absolutely at its mercy. The day will come when in 
 the State of New York a multitude of people, none of whom 
 has had more than half a breakfast, or expects to have more 
 than half a dinner, will choose a legislature. Is it possible to 
 doubt what sort of a legislature will be chosen ? On one side 
 is the Statesman preaching patience, respect for vested rights, 
 strict observance of public faith. On the other is a demagogue 
 ranting about the tyranny of capitalists and usurers, and asking 
 why anybody should be permitted to drink champagne and to 
 ride in a carriage, while thousands of honest folks are in want of 
 necessaries. Which of the two candidates is likely to be pre- 
 ferred by a working man who hears his children cry for more 
 bread ? I seriously apprehend that you will, in some such sea- 
 son of adversity as I have described, do things which will pre- 
 vent prosperity from returning ; that you will act like people 
 who should in a year of scarcity devour all the seed-corn, and 
 thus make the next a year not of scarcity, but of absolute la- 
 mine. There will be, I fear, spoliation. The spoliation will in- 
 crease the distress, the distress will produce fresh spoliation. 
 There is nothing to s^op you. Your Constitution is all sail and 
 no anchor. As I said before, when society has entered on this 
 downward progress, either civilization or liberty must perish. 
 Either some Csesar or Napoleon will seize the reins of Gov- 
 ernment with a strong hand or your RepubHc will be as fearfully 
 plundered and laid waste by barbarians in the twentieth century 
 as the Roman Empire was in the fifth ; with this difference, 
 that' the Huns and Vandals who ravaged the Roman Empire 
 came from without, and that your Huns and Vandals will have 
 been engendered within your own country by your own institu- 
 tions.
 
 46 
 
 Thinking thus, of course I cannot reckon Jefferson among the 
 benefactors of mankind. I readily admit that his intentions 
 were good, and his abihties considerable." 
 
 }Iow Macaulay in this letter but echoed the fears of that pa- 
 triotic and splendid democrat Edmund Burke, who two genera- 
 tions before had misread the occasional excess and wild Justice 
 of the French Revolution and had thereby been driven from his 
 integrity of judgment manifested in so many exigencies of 
 human history and which in spite of this defection has written 
 high his name among the benefactors of mankind. The story 
 of the French Revolution perverted distorted and uncompre- 
 hended has done large service to monarchs, but its errand for 
 that purpose is closed. 
 
 Lord Macaulay, in this extract which I have read in your 
 hearing seemed to think that education did not keep pace with 
 responsibilities, and that patriotism is not a perpetually in- 
 creasing impulse, that the possessors of money, however 
 sordid, would not possess the instinct of self-preservation and 
 diligently enquire how best to protect themselves, and would 
 not answer an inquiry so supreme to them by providing for 
 the education and comfort of the masses of the people into 
 whose hands such grave trusts are confided. As if the very 
 form of government was not an assurance that the experience 
 of Manchester and Birmingham was not possible in a democracy, 
 that the condition and forces of labor and capital were seem- 
 ingly rather than really hostile, that the profits of each in the 
 long run and over the whole era must be divided among all, and 
 this too without cataclysm or tumult, but as the outgrowth of a 
 correct comprehension of their relations to each other. He did 
 not seem to realize that evils must grow to certain dimensions 
 before they are adequately defined and a remedy prescribed, 
 and he forgot the inexorable certainty with which a democracy 
 applies the remedy to every evil which the times reveal. He 
 did not appreciate how education cultivates the virtue of pa- 
 tience, or the confidence which a great people feels in its own 
 adequacy and its capacity to deal with every evolution and de- 
 velopment that calls for public action. If ignorance is to pre-
 
 47 
 
 vail, if partial wisdom is only here and there to exist, the calam- 
 ities which he foretells are not onl} probable but assured. 
 
 But the institution whose anniversary today we celebrate, 
 with all its related institutions wherever civilization and democra- 
 cy plant their footsteps, are assurances of the probabilities of 
 the existence of this form of government so long as Time en- 
 dures. Indeed recalling all that has transpired in our own Re- 
 public and in other Republics since Lord Macaulay's letter was 
 written, showing the adequacy and omnipotence of democracy, 
 it would be interesting to have a second letter prognosticating 
 the future of democracy from the mind which foretold its early 
 destruction so graphically 36 years ago. 
 
 For if there is one assurance doubly assured, it is that dem- 
 ocratic institutions are on this earth to sta}', that they year by 
 year are gathering strength, that their influence is widening," 
 that no government is so absolute or monarchical but that it has 
 been permeated with the spirft of democracy, and no circum- 
 stance can be foretold with more certainty than tha't in the not 
 remote future, emperors and kings will live only in story and 
 song. Wiser was the apprehension of the great poet Laureate 
 who found his assurance of the perpetuity of the British con- 
 stitution in the fact, that it was 
 
 "Broad based upon a people's will." 
 
 Not unlike the prophesies of Lord Macaulay was the forecast 
 of Charles Fourier a century ago, he, tracing the growth of 
 Nations, its iijfluence upon individual thought and action, and the 
 successive steps from the rudest beginning to a complete indus- 
 trial and economic condition, pictured the misfortune which must 
 attend the final evolution of industrial Hfe as to four phases 
 which that civilization would assume. This observer of men 
 and discoverer of influences which actu?ite them has not had 
 justice rendered to his labors or his memory, because of the 
 crudeness of som<- of the remedies for social evils which were 
 by him proposed. He seems in a larger sense than Macaulay 
 to have traced the influences of economic crystallization to their 
 ultimate realization and described those consequences with great 
 perspicuity. He said :
 
 48 
 
 "Civilization is tending toward the fourth phase, by the influ- 
 ence of Joint Stock Corporations, which, under the cover of 
 certain legal privileges dictate terms and conditions to labor, and 
 arbitrarily exclude from it whomsoever they pleased. These cor- 
 porations contain the germ of a vast feudal coalition which is 
 destined soon to invade the whole industrial and financial system, 
 and give birth to a commercial feudalism, * * * * These cor- 
 porations will become dangerous and lead to new outbreaks and 
 convulsions, only by being extended to the whole commercial 
 and industrial system. The event is not far distant, and will be 
 brought about all the more easily from the fact that it is not ap- 
 prehended. * * * * Extremes meet ; and the greater the ex- 
 tent to which anarchical competition is carried the nearer is the 
 approach to the reign of universal monopoly, which is the oppo- 
 site excess. It is the fate of civilization to be always balancing 
 between extremes. Circumstances are tending toward the or- 
 ganization of the commercial classes into federal companies or 
 affiHated monopolies, which, operating in conjunction with the 
 great landed interests, will reduce tne middle and laboring clas- 
 ses to a state of commercial vassalage, and by the influence of 
 combined action will become master of the productive industry, 
 of entire nations. The small operators will be forced indirectly 
 to dispose of their products according to the wishes of these 
 monopolists ; they will become mere agents for the coalition. 
 We shall thus see the re-appearance of feudalism m an inverse 
 order, founded on mercantile leagues, and answering to the bar- 
 onial leagues of the middle ages. Everything is concurring to 
 produce this result. * * * We are marching with rapid strides 
 toward a commercial feudalism, and to the fourth phase of civ- 
 ilization." 
 
 Having regard to the statements by these respective philos- 
 ophers of the ultimate destiny of government and condition of 
 mankind, we should be compelled to acknowledge their justness 
 if we did not comprehend the ever widening sphtre of human 
 knowledge, the ever-increasing fidelity of the common people 
 to the institutions of government, and now upon a retrospection 
 of these prophesies of evil, it is apparent that the threats of
 
 49 
 
 disorder and disintegration were manifold greater in arbitrary 
 or monarchical governments thar: in democracies. For when a 
 timeshall come pictured with so much lucidity by Lord Macau- 
 lay, that hunger or imperative human needs shall be the control- 
 ling impulse of men, it will be a question of numerical and phy- 
 sical force to which all power must bow. There will be no awe 
 of nobility, no awe of royalty, when hunger seizes the majority 
 of mankind. If such a period should arrive, monarchies would 
 be useless, and property itself inconsequential. For accumu- 
 lated capital could not hope to withstand so supreme a trial. It 
 is a just judgment in my view which holds, that democratic gov- 
 ernment administered by an educated and intelligent people is 
 now and will then remain the only security which capital will have. 
 Indeed human needs and accumulated wealth in democracies 
 will never lock horns, if government be administered on princi- 
 ples which make accumulated capital as against wide spread 
 hunger impossible. And if it shall seem that in these Itjler days 
 events contradict this statement, we must remember that we are 
 only at one period in the stage of this development, that schol- 
 arship is busied, with considerations which make the solution of 
 this contention probable, and that in the order of nature harmony 
 between all classes and conditions will certainly be evolved. The 
 pressure of the circumstances foreseen by the great historian is 
 not yet powerful, but public attention is turned to their solution 
 with an unanimity and intelligence that makes the catastrophe 
 which he apprehends impossible. The evolution of our indus- 
 trial life presents other themes equally important and arrests the 
 attention of the student of political economy with a seriousness 
 fully equal to ^the one so graphically described. We are 
 confronted to-day by an inquiry touching not wholly the question 
 as to who shall have accumulated wealth, but vvhat new energy 
 or life shall be put into money at the expense ot the individual. 
 We are compelled to ask what is the sovereignty of a State and 
 to whom of right does its exercise belong ? Is it capable of 
 diminuiion or division ? Is it wise to farm it out to favored citi- 
 zens ? 
 
 Is it scientific that all the people shall refuse to exercise the
 
 50 
 
 supreme power for all the purposes for which government among 
 men is founded, frightened therefrom by evils eloquently por- 
 trayed imaginative or real? It is not the first time in the history 
 of government that the sovereign authority of a State has been 
 farmed out to its citizens. The revenues of ancient empires 
 were farmed to distinguished individuals, they paying to the pub- 
 lic treasurer a fixed amount for the privilege of collecting the 
 taxes in certain provinces. That experiment wrought upon these 
 Empn-es overwhelming disaster. It scandahzed government and 
 historic names, and wrote its inexorable result in faction and dis- 
 order and civil war. That form of dividing sovereignty has 
 ceased in civilized nations, but in other forms we have abdicated 
 sovereignty and transferred it to individuals with a frequency 
 and freedom unknown in the ancient times. Its subtle influence 
 almost imperceptible in its beginning has become so widespread 
 and potent that it almost defies the State, and a recent article in 
 a current number of one of our leading reviews, proposed im- 
 pudently and with gravity to reform politics on lines which shall 
 hold that the fragmentary sovereignty which we have farmed 
 out to our citizens shall control and govern the sovereignty 
 which remains. 
 
 Learning abashed at no audacity will proceed to enquire in the 
 light of past experiences and of philosophy herself whether we 
 have not in this respect travelled forbidden paths. She will pro- 
 ceed to strip from arrogant pretense the sophistry by which she 
 attempts'to bolster up her authority and will remorselessly ex- 
 pose to all the people the functions and duties of government 
 without fear, without favor or bias of any kind. We shall know 
 as the result of her inquiries whether the sovereignty of the 
 State is for all of the people or for favored sons. She will 
 know what advantages we have already given whereby they 
 who wield this most supreme majesty are enabled to oppress and 
 burden those not thus favored, and she will be deluded by no 
 names. In whatever disguise men seek to cover up their pos- 
 sessions and title to a part of the supreme power and justify 
 their "right to exercise it, she will know whether the fact itself 
 exists, and whether if it does exist it can be justified.
 
 51 
 
 Other questions obtrude themselves upon the Nation of equal 
 consequence and require the most patient consideration. How 
 shall we deal with anomalous populations flocking lo our shores 
 in larg-e numbers, who, by reason of religious differences or ir- 
 religion, or diverse habitudes and experience, or by different 
 ambitions or want of ambition, refuse to assimilate with our peo- 
 ple, and project into the Republic a force foreign to its quality 
 and aim, to become therein a festering sore. How deal with 
 anomalous populations native to our soil, not yet in sympathy 
 with our moral or intellectual life? These questions press for 
 solution, and ignorance and dogmatism arrogate to themselves 
 the right to determine them on lines of hatred and prejudice, 
 from considerations of narrow and selfish personal interest rather 
 than philosophically and in the light of the elements which enter 
 into so grave a discussion. The relation of accumulated labor, 
 which is capital, to labor not yet resultant, the frictions which 
 are therefrom produced, press themselves upon our attention, 
 and must be intelligently and justly solved. This cannot be 
 done by force and its resultant passions, nor yet can the wrongs 
 of labor be righted by enforced idleness, harmful alike to every 
 interest involved. 
 
 May we refuse to submit the State to the control of its intel- 
 ligence and morality because of sex ? What material shall be 
 recognized as the measure of values thereto recommended by 
 stability and universal desire and preciousness? How shall we 
 deal with the ancient impulse of the people to poison themselves 
 and waste their needed substance with intoxicants ? Where shall 
 we locate the limit of Legislative action, controlling the affairs of 
 men and protecting the interests of all the people, and yet avoid 
 that paternalism which is an impertinence in individual affairs ? 
 How shall we inspire our people with a united purpose to re- 
 ward independence of thinking and to punish the cringing ser- 
 vility that holds no cause so sacred but that it is willing to flatter 
 the mean and endorse the coarse and low ? How can we culti- 
 vate the moral fibre of men, that shall lead them to prefer say- 
 ing the things that are true rather than the things that are 
 sweet ?
 
 The relations of men in the pressure of increasing population 
 to the soil of the State, is another question forced upon the con- 
 sideration, by that earth hunger of our people which has in- 
 duced them in individual instances to acquire large areas of land, 
 and by devices from generation to generation in effect abolish- 
 ing the laws forbidding -pi-hnogeniture^ and with gradually in- 
 creasing area and value, maintaining in families these vast es- 
 tates. Enquiry also into our system of taxation from a scien- 
 tific basis must answer the interrogations now gravely addressed 
 to Legislators, whether the drift and tendency of our laws do 
 not burden individuals rather than estates, men rather than 
 money, with the cares of Government. Out of the somewhat 
 kaleidoscopic decisions of the relations of the State to its im- 
 proved highways, science must evolve a consistent and coherent 
 theory, and laws must be enacted which shall enforce that theory 
 against the greed and ambitions of men with absolute and inex- 
 orable justice. 
 
 The heritage of liberty bequeathed by our fathers must be 
 shielded against threatened evils insiduously assailing it under 
 the guise of churchly solicitude or other plausible pretexts and 
 scholarship is taxed ever to its utmost tension to solve these and 
 kindred questions. For she may not shirk the care of all these 
 great and varied interests whether they pertain to morals or money. 
 There is devolved upon her the care of the capital of the State, 
 for it is largely her creation. It is the accumulated achieve- 
 ments of science, the result of toilsome labor in laboratories and 
 libraries that constitute the vast portion of human possessions 
 which our inventive genius has created for mankind. 
 
 If you shall examine the compendium of the Eleventh Census 
 of the United States, and contrast it with the first, you will be 
 amazed to see the growth of the country in this one regard. At 
 the opening of the present century, land and ships and cattle 
 constituted nearly all the wealth of the State, and its people, but 
 since then, men of affairs have taken the discoveries of science, 
 the results of the labors of scholars, and have adapted them to 
 human needs, until one stands appalled at the magnitude of val- 
 ues resulting therefrom. And having thus created so vast a
 
 53 
 
 mass of values, fulfilling in every nook and crannv and in every 
 department of human activity beneficent purposes, certainly the 
 creators of it are charged with its care. 
 
 And if it seems from lime to time that it in the hurly-burly of 
 our activities, we do not appreciate liow much science has had 
 to do with the augmenting wealth of nations upon its sordid 
 side ; if we shall hear of attempts to belittle its consequence in 
 this great struggle of ours, upon which for a century we have 
 been engaged, a retrospection of that century will vindicate the 
 truth I have stated and place the world in appropriate relation to 
 the scholars who have achieved so much. They have liUed 
 Milton's conception of men "inflamed with the study of learning 
 and the admiration of virtue stirred up with high hopes, livmg 
 to be brave men and worthy patriots, dear to God and famous to 
 all ages. 
 
 That there will be perfect social order for centuries is too 
 much to hope, but as it has been the fortune of the United 
 States to be in the vanguard of democracies, so in all the perils 
 which will confront them in time to come, we fain would hope 
 and confidently believe, that there will here be a benign and in- 
 telligent and potential example, teaching the great lesson that 
 learning, that scholarship, that morality, give assurances of the 
 perpetuity of Republican Institutions. The School has a high 
 function in determining the grave questions which impend as ii 
 has had a high career in the conquests which are gone. This 
 young institution by your fidelity has a high companion- 
 ship, and in contemplation of its alluring future the pulseless 
 blood starts into new life. Abounding gratitude is due to 
 pupils to managers to patrons to all who by deed and word give 
 it strength, courage and confidence in its career and the iron 
 lids of sordid dullness sh.ill yet awaken to its benignant mission. 
 
 It I have not overstated the mission of this school in the 
 growth of the state, its claim upon the citizens is certainly su- 
 preme. Their sympathy with it, their care of it, their contribu- 
 tions to it of personal sympathy and n-aterial aid is a command- 
 ing duty. Nor is there any reason to doubt in the midst of 
 some discouragements, but that the citizens of this commonwealth
 
 54 
 
 feel in this institution an abiding pride, and have it in their heart 
 of hearts to maintain it in their midst as part and parcel of the 
 civiHzation which they have here founded. If there has been 
 apparent indifference to its welfare, it is seeming rather than 
 real. In guiding a new community in an uncrystalHzed condi- 
 tion in the earlier stages of its creation and settlement, painful 
 solicitudes to the intelligent citizen are found on every hand. 
 
 It is a high deed to plant a state, and the actors in so majestic 
 an epic, watchful of all the tendencies of the time, and perceiv- 
 ing the duties which day by day devolve and day by day change, 
 are engaged in a labor grander than they know. They do not 
 realize iti the midst of these labors and ambitions the forces 
 which they are bringing into harmonious relations with each 
 other, the momentum that they are giving to great causts, nor 
 how great the life they are living nor the story they are telling. 
 Contrasted with life in settled communities, where individual 
 impress upon public affairs is diminished and limited, life in a 
 new country is an inspiring and gracious privilege. 
 
 We dwell in another world and upon other themes than those 
 that fill the minds of people in communities that have matured. 
 And the gratifications which come to us in such a mission un- 
 spoken though they be, are nevertheless ta^ngible until we can 
 exclaim with the poet : 
 
 "One crowded hour of glorious life. 
 Is worth an age without a name." 
 
 My purpose will not have been fulfilled in these words of con- 
 gratulation at your environment and commendation of your great 
 institution, unless they ahall have a personal application and in- 
 fluence upon each pupil and all connected with it. For you are 
 to be henceforth the inseparable companions of this institution 
 of learning, and her good name is henceforth in your keeping. 
 You will make or mar that name, and your potency over her 
 prosperity and in the affairs of mankind will be measured by 
 your action and words. Certainly with such grave consequen- 
 ces impending, none of vou can do or say a mean thing. Da}^ 
 by day you are called upon to act and speak in the light of 
 her invocations and aspirations, proudly conscious that she will
 
 55 
 
 accompany you with affectionate solicitude and make you stronj; 
 in her strength through every vicissitude of your career. The 
 board of trustees which manages it, the faculty who are instruc- 
 tors, and the pupils who attend upon their ministrations, each 
 and all, henceforth are invoked to high deeds in her behalf and 
 in her name. For it is your action that is to surround and char- 
 acterize this school and give it fame and a name among men. 
 And the great State of which it is a part gazes solicitously upon 
 it and you, knowing full well that in your possession is a gift of 
 pride or shame. And yonder fair and thrifty hillside city, confi- 
 dent, lusty, sturdy, strong alike in the strength of her history and 
 destiny, bends over this fair institution, showering upon it every 
 benediction and grace, and prophesying and promising that it 
 shall be a fountain of beneficence, until the perpetual hills shall 
 bow, and the shining stars shall fade from out the ancient sky.
 
 mOflTflflfl UfUVEf^SITV 
 
 -rs THE BEST HOC / J'J'lJJt- 
 
 Boardir)(^ §e[?ool ii) /|\oi>ta9a, 
 
 -AJVI) ITS HATES THE MOST REASOSABB. 
 
 . . . BOHRD HND TUITION . . . 
 
 IV I T 'II' If I ft \ i;r.'l\('lli:s J'OJt THE E.\J1I!I s( tfooi /.•l\i:i iitov 
 ■-,.:! lit $'i4'i ACCOnDiya lU iiU.MH . 
 
 Send fop Catalogue to the Pfesident, 
 
 F. P. TOCUEt^, fl. m., D. D. 
 
 HELENA, (VIONTANA:^^ 
 
 UNIVERSITY of CALIFORN!JP 
 
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 UCLAYoung Research Library 
 
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