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Tenth Annual Meeting

OF THE

Pennsylvania Bar Association

CAPE MAY, June 28, 1904.

The Tenth Annual Meeting of the Pennsylvania Bar Association was called to order in the Amusement Room of the Stockton Hotel at 2.15 o'clock p. m., President Ewing in the chair.

FIRST DAY, AFTERNOON SESSION

THE PRESIDENT: This is the place and somewhat after the hour for the Tenth Annual Meeting of the Pennsylvania Bar Association. The meeting will come to order. This is our first meeting outside of the confines of our own State, and Mr. Millet, the Mayor of Cape May, is present, and he will extend to us a few words of greeting. I have the pleasure to introduce to you Mr. Millet, Mayor of Cape May.

MAYOR MILLET: Mr. Chairman and Gentlemen: A few days ago I was called upon by our friend, Mr. Ham, who asked me to make a few remarks, which is entirely out of my line. But I said, surely, I would do the best I could, and would be pleased to do it. We have had here at different times railroad men, iron men, steel men, doctors and undertakers, but never lawyers, so far as I know of; but I hope you will find you are in safe hands. On the part of

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the citizens of Cape May I bid you a hearty welcome, indeed. I hope your stay here may be very pleasant, and this meeting the most profitable you have ever had.

JOHN I. ROGERS, Philadelphia: Although it may be entirely out of order, I ask unanimous consent to move that the courtesies of this meeting be extended to his Honor, the Mayor of Cape May, and to the members of the New Jersey State Bar who may be present at Cape May.

JOHN B. COLAHAN, JR., Philadelphia: I second the motion.

Duly agreed to.

THE PRESIDENT: The first thing in the regular order of business is the address of the President, to which I now invite your attention for a brief time.

THE ETHICS OF THE LEGAL PROFESSION

Gentlemen of the Pennsylvania Bar Association:

In venturing to address you upon the Ethics of the Legal Profession, I am not unmindful of the fact that in many of its aspects the subject is rather delicate and embarrassing. This situation is somewhat relieved, however, by the circumstance (which I would have you to bear in mind) that in addressing you I am at the same time admonishing myself. And my purpose is not to enter largely into details, but rather to treat of the broad and general principles of ethics, applicable to the profession, which may serve to suggest and determine what our action and specific rules, if any, should be.

Ethics is defined as "the science of right conduct and character; the science which treats of the nature and grounds of moral obligation and of the rules which ought to determine conduct in accordance with this obligation; the doctrine of man's duty in respect to himself and the rights of others;" or, as Prof. Birks states it, "the science of ideal humanity."

stance.

It is essentially nothing but pure morals modified by man's insuperable frailties and the peculiarities of circumGood ethical character and good moral character are practically one and the same thing. Ethics is the technical and morality the popular name for the "science of right conduct and character." It follows, therefore, that the good moral character required of the lawyer is a good ethical character.

The general principles of ethics are ever the same, but there is some variation in their application: and there is also great difference in the effects produced by the infraction of particular rules, or of the same rules by different persons. These variations, both in the application of general ethical principles and in the consequences of the violation of particular ethical rules, are occasioned by the nature and the purpose of each special pursuit, and by the position and influence of those engaged in it. Hence in every profession or calling the principles of ethics must be applied, and its rules ascertained, with respect to the character and extent of the influence exercised by those so occupied, and to the relation which such profession or calling bears to the rest of mankind and their affairs. Thus we have social ethics, medical ethics, legal ethics, etc., and there is even said to be such a thing as political ethics.

Therefore, to correctly determine and understand legal ethics it is essential that we first comprehend the nature, scope, purpose and effect of law, and realize the mission, the influence and the opportunities for good or ill of the lawyer. And while in an address to an assembly of lawyers it is hardly necessary to dwell at any length on these matters, yet it can be but advantageous for the profession to occasionally give them a little direct consideration, lest in the engrossing cares of active practice the true situation may be otherwise obscured and unappreciated, its responsibilities and duties avoided or ignored, and its opportunities and advantages be unimproved or neglected.

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We know the definition of law, in its broadest as well as in its restricted and technical sense, but we do not often stop to consider its great origin, its vast domain and its ultimate aim and purpose. Its principles are not new, except in so far as they are now and then discovered and applied by man, but they originated with creation's fiat. The poet's line may well be transposed to read that law is Heaven's first order. It may be termed an authoritative system of rules which prescribes and controls the conduct, rights and powers of persons, and the possession, use and disposition of property. All are its subjects; and only by obedience to law are life, liberty, property and the pursuit of happiness secured. All government is but organized law. It is the foundation and the bulwark of all civilization; and only as it is wisely interpreted and faithfully administered can mankind advance. Its maintenance is dependent upon the will of the people, and its character and development in any particular period and locality are indicative of the civilization of the people of that time and place.

Blackstone said, "Law is a science-which employs in its theory the noblest faculties of the soul, and exerts in its practice the cardinal virtues of the heart." It is the "perfection of reason;" "the last result of human wisdom acting upon human experience for the benefit of the public." It ever seeks the ascertainment and securement at all times of equal and exact justice to all. In protecting life and securing human rights, in promoting liberty and conserving the peace, and in guarding property and transmitting estates it makes man better, life brighter and death easier. Fidelity to law is life and advancement; violation thereof is chaos and destruction.

If we have now properly epitomized the nature and character of law, what shall then be said of the lawyer-of him to whom is committed the discovery, interpretation, application and administration of the law?

His duties bring him into close contact and intimate

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