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These things rise above our personal views, and above all economic or political creeds. They are of the essence of the things that we were sworn to support. They are as true now as when Lord Mansfield declared: "As a lawyer, I am before all things for the supremacy of the law." They are as true now as when Lincoln exhorted us to let reverence for the law be taught by every mother to her prattling child, that it be written in primers, and preached in courts of justice, and that it become the political religion of the nation.

These things, you may say, are largely conventional. The conventional is most easily ignored; and from time to time we should touch the earth and renew our strength. These things, you may say, trend closely at times on private economic judgment. Far from it, they are the basis of the right by which we exist as lawyers, and they constitute the premise which leaves us all free for the advancement of our individual political and social views as citizens. These things, you may say, have often been said before, and said better; and this is true.

But while the world is again filled with reforms, and destructive reforms, let us not lose our poise. With all its struggles toward the light, civilization is not coming to an end this year. Every age has had its spirit of negation. Every optimistic philosophy has had its pessimistic counterpart. Shakespeare died, but English literature did not perish. Gettysb rg came and went, and the nation grew stronger. There is no stream without its eddies. But withal, let us not forget and let us not fail to practice and to preach, as lawyers, that there can be no enduring civilization save that which is based on law and upon the respect for its enforcement; that there can be no law without certainty and safety of action; that when the power to change lies within the will of the people, to be expressed by orderly means, there is no justification for lawlessness or for physical revolution; that justice dependent on whim or impulse or resentment, or upon anything but the law, is a governmental impossibility and is no jus

tice at all; and that the lawyer is without warrant for his existence, if he fails by word or deed in sustaining the rules of action for the advancement of which his office was created. If the day of such failure come generally, the law will go on, but the lawyer will cease to exist; and rightly so.






Since the foundation of our Republic we have been taught to think of government as logically divided into three departments. For each of the three branches certain adopted constitutional rules have become to us fundamental principles. While from time to time the field of legislation has broadened, we have, in general, sought to classify the governmental regulations as pertaining to one or the other of the original departments. In recent years the calls upon government for extension of administrative service have been frequent and sometimes startling and, as a whole, have presented and are now presenting new problems of adjustment and rearrangement of the governmental system. In Colorado, for instance, each succeeding general assembly has left in existence new boards or new commissions or new administrative bureaus to assist or regulate or govern in detail some branch or division of private or semi-private business. Each biennial period has witnessed enactment of new laws pertaining to the up-building of industry, or seeking to prevent encroachments or wrong practices in the course of industry; and each published book of our Colorado Session Laws has presented an increased proportion of legislation pertaining to business affairs. As a natural and necessary incident, the numerous boards, commissions, bureaus and offices created, and the further numerous employes placed at work in the public service, have brought increased ex

pense in the maintenance of government; and the consequent burden falling upon the people, has brought about discussion, speculation and, sometimes, criticism.

This will be an humble attempt to bring before you for your consideration this modern and increasing domain of state government, and which may be designated as the Business or Industrial Department of State.

It is with not a little hesitation and embarrassment that I undertake the opening of this discussion. There are so many of broader experience in state affairs; so many who, by their talent and learning, are better qualified to speak; and the problem itself involves the consideration of such comparatively new and yet prominent phases of industry in general, that it may seem presumptuous for me to undertake the presentation of the subject. I hope, however, it may be some justification that this problem is, at the present time, of direct financial interest to the citizens and taxpayers of Colorado; and that of all the organizations of the state this Bar Association, better than any other, should be able to analyze and understand the problem and determine upon the right solution.


Before we enter upon the consideration of the subject, I believe this is the right time and the right place to offer a little word, not of apology and not of defense, but of sincere appreciation of our own good commonwealth. The virtues of Colorado are not limited to being the best place for health and for homes and for general enjoyment of life. Taking all things into consideration, it is doubtful whether any state in the nation is blessed with better constitution and laws and general administration of government. It is true that we occasionally have our troubles, industrial, political and otherwise, but it is also true that we have no monopoly. It is hardly fair to our own home country for us to dwell too constantly under the shadow of our temporary

misfortunes. We are prone to allow our own near-by troubles to eclipse all the like afflictions existing and endured in the other states, forgetting that beyond, in the perspective of time and distance, other states have entertained troubles and controversies and misfortunes even more serious than our own; and, after all of their experience, have not yet arrived any nearer to permanent peace or perfect government than has Colorado. In schools, in penal institutions, in child welfare, in according just rights to women, in methods of taxation, in elections, in county and city government, in banking, in regulation of insurance, in mine regulation, in health protection, and in a number of other important features of government, as well as in the general administration of law, our state government can and does compel favorable comparison among the sisterhood of states. Our citizens have shown a disposition to favor rapid steps of advancement and change, in law and constitution, but in general they have been impelled by conscientious thought rather than by blind prejudice; and if mistakes in legislation have sometimes occurred, they have been mistakes in the framing of the measures devised rather than in the end sought to be achieved. The demand for change and advancement of constitutional and statutory law is not confined to any one class of our citizens, but comes from so many sources and covers so much of the field of government that it may justly be taken to indicate wide-awake citizenship and a conscientious ambition for a more just and perfect government, rather than thoughtless agitation or the aimless activity of discontent. This Association is taking the lead in undertaking to improve the practices in our Judicial Department, while others seek to improve the methods of legislation, and others to simplify and render more economical the administration of the executive department, and others to bring about improvement here and there in the substantial laws that limit or extend the relative rights of citizens. Along with it all I believe we are justified in taking some considerable pride in being citizens under a good government, des

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