to accomplish the maintenance of law and order." This injunetion is of paramount importance. The appeal must not prove in vain. we As lawyers, we enjoy a leadership in American life for which shall be held to account. We must under all circumstances, see that law and order are maintained-that every situation is met in an orderly and legal way.. We must not forget, however, that one way to uphold the dignity of the law is to anticipate, as far as may be, its possible transgression by the foolish, the misguided, the careless, and the designing, and seek at once to exercise the necessary preventive influence. We must gently, yet firmly, lay the restraining hand upon the mischief-makers, no matter what their position or situation in life. I take it, therefore, that our first important duty is to find out ways and means of properly dealing with the conscientious objectors, intellectual extremists, professional agitators and that strange, unsexed thing known as the pacifist. We must devise. some method of finding who they are, where they are and how many of them exist-smoke them out and label them. We may convince those milder, really conscientious ones, that they are not religious, social or intellectual martyrs, but pure egotists. Those beyond all sense of justice, right and reason must be silenced or eliminated. We must put aside our old ideas of personal liberty and recognize the fact that the social murderer is like any other murderer, an enemy of society and should be treated in the same manner. We must frame laws that will distiguish between personal liberty and license, that will protect free speech and punish the speech whose object it is to destroy order and to substitute chaos for organization. We must teach all "that personal freedom, like every other human advantage, must be limited to be enjoyed, and may be defeated by its abuse." This may be war work primarily, but its results will be invaluable when peace comes. We must do much more than this. It is peculiarly our obligation as lawyers, to prepare for the future, to assist our Government in preparing for the future. The task will not be easy of performance; it is fraught with difficulties. Many unpleasant, dangerous situations will present themselves, but they will be overcome. They must be. For this peace that is coming, we must have a program, such as this country had never known until this war forced us to make a program almost over night. There must be leaders who will make the people accept the program because they believe it, a propaganda of explanation to insure understanding. This program must be a well-rounded, carefully thought-out program, based on facts--founded on right and justice. Germany had forty years in which to prepare for war. With us, the working out of the problem and the action were almost simultaneous. Our necessity made it so. We succeeded by putting the problems up to the best experience that could be found, just as a steel mill puts up its problems to experts. We commandeered the best experience, the most. expert knowledge, and we were amazed to find how extraordinary were our unrecognized resources. So, too, we must set experts to work to find out and to tell us what must happen, what can happen, and what is likely to happen after the war. Their finding must not be guess-work, not theories, but facts upon which we can plan and work intelligently. This country has always produced men for the times; it always will. We have them now, both able and anxious to perform the service required, but up to the present, nothing has been done toward selecting them, organizing them, or commissioning them, for the work. It is not surprising that in the urgency of war preparations, the changes that will shortly take place in reconstruction, have been neglected. But longer delay is dangerous. We know exactly what other nations are doing to prepare for the economic struggle after the war, which will be as bitter as the military struggle now going on. England, France, Italy and Germany have commissions already giving the closest study to the economic and industrial changes that must follow the conclusion of peace. These commissions are preparing programs to meet these changes. They are alert to the situation, and they will master it. So far the United States has done nothing. Out of our armies will come hundreds of thousands of men wanting, seeking employment. They must receive it. Every measure necessary to that end must be devised and adopted. These men must not be allowed to walk the streets without employment. If they are, the present wage scale will be lowered and all classes of employes will be affected. Such a situation will bring popular unrest with its dangers. The Government owes to the workers the duty of protecting them in a living wage. The workers owe to the Government respect for constituted authority. These obligations are reciprocal. Congress should begin now to legislate for this uncertain future. Organization should be created. A commission or commissions should be appointed, composed, not of politicians, but of men of the best industrial and commercial intelligence. A program must be formulated and, if necessary, to make it effectual, the Government must be prepared to step in as drastically and as effectively, as it is now doing in the midst of war, and for the same reason. We must not be as unprepared for peace as we were for war. We must realize that we will have no allies in the coming economic struggle, and must, therefore, make use of all our resources, or go down to defeat. The lawyer can be a potent aid in the accomplishment of a proper solution of the difficult problems before us. So can the citizen of any station or walk in life. We need patriotism, with the splendor of its emotions, the glory of its self-sacrifice. We want always to know the thrill that comes with the sudden flashes of insight of what our flag means, but we must have more than patriotism. We must have a national morale that will make us as powerful, as tremendously efficient, as invincible as the morale of our army in France, whose achievements will be our glory to the end of time. HISTORICAL ANALOGIES BY HERBERT S. HADLEY READ BEFORE THE COLORADO STATE BAR ASSOCIATION It is an expression familiar in the literature of our profession that in the midst of arms, laws are silent. And there is much in the history of the present day which will justify this assertion. Some have also been heard to say that the mandate of silence should be extended to lawyers, and in a measure this statement also is true; for, in a time like the present, when civilization, as we know it and care for it, is at stake, when our liberties and institutions depend for their existence upon the issue of war, the sole test of the acceptance, if not the legality of any legislative or executive act should be: "Will it help to win the war?" And lawyers should not be heard in captious objections to measures or acts because in doubtful conformity to constitutional requirements so long as they meet this one test. And it can be said to the credit of our profession that no class of our population has given a more ready obedience to every official requirement conducive to victory, none a more enthusiastic support of every measure necessary to military success than have the members of the legal profession. Not only have contentious suits not been encouraged or maintained, but positive offorts to discourage litigation that might embarrass or impede official action for the winning of the war, can be claimed to our credit. In striking contrast to some other professions no lawyers have been found trying to disguise treason by a plea of professional freedom. But lawyers should not be, nor have they been, silent in helping to produce a public opinion that |