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THE GREEN BAG

jokes — in quantity, I mean — were she not the most important factor in the house hold. It is characteristic of the age we live in that the discoveries in the arts and sciences instead of being locked up in the universities and learned societies are im mediately pressed' into utilitarian service, become the subjects of every-day contracts and the causes of every day accidents. If it be unreasonable to expect counsel to attain to excellence in every branch of our profession, much more would it be unreason able to expect them to master the principles and practice of all the arts, sciences and handicrafts. The expert witness is becom ing more and more a necessity in a large and continually growing class of cases. But is not his present position somewhat anoma lous? His scientific and technical knowl edge must be utilized in some manner. He naturally testifies to the facts, or alleged facts, of the particular science in question, but his value as an expert lies in his ability to convince the tribunal that his opinion is right, and his argument is under oath. This fact does not usually "cramp his style," if I may use an up-to-date expression. I sug gest for you, in your greater wisdom to ponder how we can best separate argument from testimony. Shall the judges call in experts to sit as assessors, as' they do in the Admirality Courts, or shall counsel be authorized to employ experts to argue the technical questions in a case, or shall we have to appoint special courts, com posed of scientific men, to whom our judges might refer difficult questions of sci ence or technique for decision? The present system is not quite satisfactory, and some consideration may appropriately be given to the question of its improvement, in order to deal more efficiently with this increasing class of litigation. I must not weary you by referring to too many modern tendencies, but as we are here assembled in the secrecy of our own chamber I may summon enough courage to ask in a whisper a delicate question — Is our pro

fession becoming too mercenary? Here at least we may discard the smug hyprocrisy that represents the lawyer as the great ex ponent of altruism. Speaking for myself alone, while fully endorsing the maxium that "there are nobler things than pennies," I have no great sympathy with the doctrine that the emoluments of the profession ought to be to the worthy lawyer a matter of the greatest possible indifference. Nor have I yet discovered any reason why any portion of of the community should look askance at lawyer who realizes from his profession a half respectable competence. But there are still some who view the matter as the author of "The Borough" did: — "One man of law in George the Second's reign Was all our frugal fathers would maintain; He, loo, was kept for forms, a man of peace To frame a contract, or to draw a lease; He had a clerk with whom he used to write All the day long, with whom he drank at night. Spare was his visage, moderate his bill, And he so kind, men doubted of his skill. Who thinks of this, with some amazement sees For one so poor, three flourishing at ease; Nay, one in splendour! See that mansion tall; That lofty door, the far-resounding hall; Well furnished rooms, plate shining on the board, Gay liveried lads, and cellar proudly stored; Then say how comes it that such fortunes crown These sons of strife, these terrors of the town.''

It goes without saying that it ought to be the ambition of a lawyer as well as of a cotton spinner to pay his debts honestly, and to give to his family the enjoyment of a fair share of life's comforts and pleasures. My mes sage, therefore, would not be to avoid moneymaking as you would the plague; it would rather be to exercise the same intelligence and caution in looking after your own in vestments as vou devote to your clients' affairs. With character, industry and aver age ability, there is no reason why a lawyer should not realize some degree of success in his calling, and according to every righteous principle, this ought to mean that he makes some money. He does not usually keep it. Why? Of course, I arri bound to say I do