ately at my left) drink with merely the prayer that they may be fulfilled, which they do not expect to be answered. It is said that there is a certain class of persons who rush in where a certain other class of persons fear to tread. Now, 1 have been told that the Committee on Arrangements on this occasion have extended various invitations to different classes of persons, who have declined, to take the distinguished position which I occupy to-night. But I will say that when that position was offered to me that I accepted with alacrity. (Laughter.) Now, there are certain conclusions that follow from these premises; which I will leave the gentlemen here to draw. I think that the measure of the foolishness of him who rushes in (voice, "the fullness, did you say?") the measure of the foolness, yes. the measure of the foolness of him who rushes in is the angelic quality of him who fears to tread. (Laughter and applause.) In other words, the wiser the man who fears to tread, the fooler the man who rushes in. For example, the man who should rush in where Beelzebub would fear to tread would find himself in heaven; but the man who would rush in where Gabriel feared to tread would find himself in hot water. Now, having these things in mind, I was filled with chagrin and embarrassment when I realized what sort of a position it was that I had accepted tonight. But this evening since I have discovered that it was the distinguished gentleman on my left to whom this position had been offered and who had declined it, I have felt a deep sense of relief and gratification. (Laughter and song "So say we all.") Gentlemen, I am advised by the brief which is on file here, or which was on file here before the Supreme Court took it up, that the first question before us is the ultimate power which is said by the distinguished gentleman we heard yesterday, vicariously, resides in the Supreme Court. I want to say that that power has been lost for this evening, for, for this evening only, the Supreme Court is done away with. The rules of this court will be promulgated in the words of the great bard of Scotland. The rules of this court will be only as follows: Wha' first shall rise to gang awa' A cuckold, coward loon is he I need not remind the gentlemen of this Association, the intelligent gentlemen of this Association (laughter), that that poem was written by Judge Burns. (Laughter.) That certainly proves that Judge Burns is a prohibitionist. You will observe that no one but a prohibitionist could have written that poem. "Wha' last upon the floor shall fa'" is the man who drinks noth ing but water. Therefore, I claim it to be a fact that the author of that poem, if he were a citizen of Colorado to-day, would vote for John Hipp for vice president. Now, gentlemen, if that logic is not convincing, I can only say that it is such as is in common and successful use in the Supreme Court of the state of Colorado. It is time that we should proceed to business. The rules of this court have been promulgated. The first case upon the docket involves the question of bar-fellowship. Now, before I call upon anybody to speak upon this question I desire to present the apologies of him who is to speak, because the subject upon which he is to discourse before you has been changed on him. He is in the condition of an acquaintance of mine who used to practice something which he called law in this city and whom I met one morning in the corridors of the building which we occupied together, and I said "Good morning," and greeted him with my usual bonhommie, and he informed me that his wife was dead. "Why," I said, "I am exceedingly sorry to hear that; is that possible?" "Yes," he said, "she died on me." The gentleman who is to speak is in somewhat that condition. His subject has "died on him." The committee who had this matter in charge proposed to give him the subject, "Should all tolls be abolished?" (Laughter.) After long investigation and some inquiry among the members of the Association, although they had intended that there should be an intelligent, if possible, and somewhat spirited discussion on this question, they had to give the matter up, because they found such a complete unanimity of opinion among the members of the Association in the affirmative. (Laughter.) The discussion, therefore, had to be given up. But I would suggest to those who are present that if there is any one among you who has formed an opinion which it would require evidence to remove upon the negative of that question, that probably after you have heard the speech you will find that you have evidence sufficient to remove it. Therefore, the Hon. Chas. H. Toll, after we drink his health, will speak to us on the question of "Bar Fellowship." (Laughter.) TOAST OF CHARLES H. TOLL. "BAR FELLOWSHIP." Before I address the toastmaster I want to say that I was somewhat in doubt as to whether or not Judge Yeaman had read this telegram from Judge Philips correctly. I want to say that I don't know Judge Philips, but after reading this telegram, and commenting upon it, perhaps I never will know Judge Philips. (Laughter.) The telegram is written exactly as Judge Yeaman read it. (Laughter, and cries of "Prove it.") I cannot prove it, gentlemen, except by producing the telegram, but the telegram proves what the judge says about his being unable to be present here to-night is correct. I have said that Judge Yeaman read this telegram just as it is written. I should, perhaps, make an exception, because there is a postscript added to the telegram, which is "The injunction as to drinking has been dissolved." (Laughter.) There are plenty of occasions other than Judge Philips for drinking to-night. The somewhat rude way in which I have been introduced to most of the gentlemen here with whom I did not happen to be acquainted would have been much more agreeable if the toastmaster had indicated on what side of the question I was to speak. (Laughter, and "In front of the bar.") Of course, it is evident from the display of the large and small bottles which the toastmaster has made that if he were to speak he would speak upon the question from a point outside of the bar. (Laughter.) He has not even given me any statement or explanation of the point of view from which I am to regard the subject of brief remarks. He recalls to my mind what he told me long ago, that in cross examinations his rule was never to permit any explanation—except the worst. And that is the explanation, and that is the kind of an introduction that he has given me tonight. The toastmaster has, however, given me one advantage, that is the advantage of being opposed to him. (Laughter.) That is an advantage which in a law suit anybody would like to obtain. (Laughter.) I thought for a time the toastmaster would not reach the end of his introductory remarks. He is a student, or claims to have been, a student of Chitty, and one of the rules that Chitty lays down that the toastmaster has endeavored to commit, was his advice to young lawyers, "That they should read all the morning and practice at the bar all the afternoon." (Laughter.) That aptitude for incorrectness which the chairman has evinced in introducing me, allows me to refer to his last error as to Chitty's rules. The length of his introduction shows that he thinks what Chitty said was, "Read all the morning; practice at the bar-if you can-in the afternoon, but by all means practice at the bar at night." (Laughter.) He seems to have adhered to another rule by a less noted member of our profession, which was, "Read all the day and talk all the night." (Laughter.) There is, upon the part of a portion of the population, a disposition to magnify the importance of the law. That disposition exists among the laymen. (Voice-"Laboring men?" Laughter.) Upon the part of the members of the profession I have sometimes observed a disposition to magnify the importance of the lawyer. We are apt to think of lawyers as good lawyers. Mr. Denison: "You don't accuse the toastmaster of that?" Mr. Toll: "The toastmaster of this Association need not take that re mark as personal." (Laughter.) And, indeed, it may be said that the members of the profession who can be called great lawyers and classed with the president and the toastmaster of the Association are not very numerous. There are not many lawyers who can truly be called, strictly great lawyers. But there is no member of the profession who cannot be called a "good fellow," and to-night I say that every lawyer is a good fellow. (Applause.) There are many reasons why every lawyer should be called a good fellow. He has adopted a profession that is full of hardships; that is surrounded with temptations; that offers but a scanty reward. He leads a life of self-denial; sometimes a life of denial to others. No matter how great the income of the gentlemen who are present is— and all admit that it is large-the various calls which are made upon every member of the profession for mining and other charitable enterprises (Laughter and applause) are such as to leave us only a scanty livelihood. The Colorado lawyer in entering upon the profession must abandon all hope of ease, all hope of comfort, all hope of accumulating a competency. From experience none of us know what a luxury is, and our rapidly changing ranks often recalls the somewhat homely response which Chitty made to the inquiry of an anxious father as to the prospects of his son at the bar. The answer was somewhat indirect, but somewhat convincing: "Can your son eat sawdust without butter?" (Laughter.) The answers of the gentlemen present who are possessed of large incomes (Applause) show that they are not the original son, about whom Chitty inquired. I feel that I ought to apologize to the toastmaster for referring to Chitty, for I don't think he ever got along on good terms with him. The law is in itself narrowing in its influence. If pursued too closely it produces narrow-minded and dry-minded votaries. If the lawyer adheres too closely to the practice of his profession alone; if he becomes the votary of the Jealous Mistress alone, he is sure to become technical; he is sure to lay himself open to the charge that is sometimes made by those who are not conversant with the practice and be accused of being a quibbler. It is only through the ability and disposition of the lawyer to devote himself to the social relations of the profession that he can be relieved from that charge. (Applause.) Every lawyer can, some poorly informed persons say, be a great lawyer. But every lawyer can be a good fellow. (Applause.) I draw a distinction.between the two classes, in order to make myself solid with all of those who are present. I wish to say that the distinction is entirely in favor of the lawyer who is the good fellow. (Laughter.) There is in our profession in the state of Colorado no lack of ability and no lack of good fellowship. There never has been, and I say right here, and no gentleman who is present will contradict me, that the lawyers who will live longest in the minds of their professional brethren in this state are not the lawyers who have solely, and perhaps I ought to say, somewhat selfishly, devoted themselves to the practice of the law, but they are the men who, possessing the average ability of the lawyers of this state, also possessed those qualities which have established their reputation as good fellows. (Applause.) There is a disposition to decry good fellowship at the bar. That disposition extends outside of the profession. That disposition has its birth in the fact that there is not an agreement between people as to what constitutes good fellowship, but I think it is to be said that good fellowship is made up of no peculiar or particular qualities. The qualities which constitute good fellowship-cannot be clearly defined, they cannot be listed and described. Like piety, good fellowship embraces many qualities. But there are certain elements that lie at the foundation of all good fellowship, and these elements are all possessed by all lawyers-honor, integrity, candor; a just appreciation of their fellow craftsmen; a just observ. ance of the rights of other members of the bar; a disposition to treat all with courtesy and with fairness, and the ability to keep out of the investigations which this Association occasionally institutes. (Laughter.) Those are the qualities, fundamental in their nature, which lie at the basis of good fellowship at the bar; and I assert, and again without fear of contradiction, that those qualities abound in Colorado and are possessed by the members of the Colorado Bar in as great excellence and to as high a degree as by the members of the profession in any other state. (Great applause.) The Toastmaster: The next case upon our docket this evening is a citation for contempt. The Committee on Arrangements approached Mr. |
