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the good people want their pickles sweet, we are making enough sugar here in Utah to sweeten them—very much more sugar than we can consume ourselves—and we hope to have great factories established here in the near future so that we may be able to continue the sweetening effect that we desire to produce upon the nation. Then, too, we are noted for our silver mines, our gold mines and other precious minerals, and lead mines. Best of all we are noted for our people. We regard our men and our women, our boys and our girls, as our chief asset; and we are endeavoring in our weak way—for necessarily we are weak because of our numbers—to prepare the boys and the girls of this state for future citizenship. We have little more than 400,000 people in the entire state. Not nearly so many as there are in some of the cities from which many of you come. Yet out of that population we have in this year upwards of 121,000 children of school age on our school census—children between the ages of six and eighteen years; and, taking the youngsters from six years of age down, it is reasonable to believe that fully one-third of our entire population is under the age of 18 years. We are taking from the taxes of the state, from the revenues derived from taxation, upwards of 88 per cent for the education of these boys and girls. We are expending in one way and another from the state university down to the little school in the district upwards of $5,000,000 annually for the boys and girls. So you see that we are attempting as best we can to keep pace with the educational music that is set by the rest of our states, and we feel that with that care and attention which we are devoting to the boys and the girls they must of necessity take front rank with the boys and girls of the rest of this union. We are teaching them love of country, love of the flag. Only recently the Salt Lake High School cadets numbering upwards of 400 made a tour of California as a representative body, as an evidence of what can be done by the people of Salt Lake City in the training of boys. Those boys averaged perhaps 15 years of age, and they acquitted themselves like trained men, and naturally brought credit not only upon the city but upon the state and the people who are devoting of their means for such accomplishment. We have great hopes and great ambitions here in Utah. We have very much to be thankful for. We are very proud that a generous Creator has lavished so many temporal blessings upon us. All we ask is more people. We have the land, we have the water, we have the resources, and all we need is the people to come and help us develop them.
So our arms are open in welcome to all those who may come among us so that they may join hands with us in helping to make of this State of Utah what it can be made. For that reason, as well as for many other reasons, we are more than pleased to welcome you to the State of Utah. And we want you to know that while here you must feel at home; we want you to feel that you may help yourselves to anything that you find here. We take it for granted that should trouble result there is not one of you but will be able to defend himself properly and successfully. You will find an hospitable people in Salt Lake City who will devote their time and their attention to caring for you and looking after your wants. We want you to feel that not only our doors are open to you, but our hearts also, and that our homes are open for your entertainment and enjoyment. We want you to feel while you sojourn in our midst that you are in every sense and in every particular in the hands of your friends. So that the impression may be made upon you, even though you may have to leave now, that we want you to come again in the near future and that there shall always be a desire in your hearts constantly prompting you to come back to your friends in Salt Lake City.
Herbert R. MacMillan :
It is next my pleasure to present a man with whom you are all acquainted and who therefore needs no introduction-George Sutherland, United States Senator from Utah.
The Bar and the people of Utah are profoundly appreciative of the honor which your presence here in their capital city has conferred upon them. In their name and in their behalf, to repeat what Governor Spry has just said, I am directed to extend to you not only the welcome of their open gates, but that of their open hearts as well. Our pleasure at your coming, which is quite beyond the power of any words of mine to express, is tempered with one regret: that is, that your stay with us will be so short.
The American Bar Association represents a profession which for many centuries has exerted a potent influence upon the development of political institutions, for it deals with that great stableizer of human conduct, the law, without which government itself could not exist. A wise law is the sweetest fruit of the human reason, but, since human reason is not infallible, many unwise laws have from time to time found their way into the statutes of the country. I strongly suspect that I have myself been present upon more than one of these unhappy occasions, although I trust an inspection of the record will disclose that I have not always been present as particeps criminis.
It is one thing, however, to ask that our laws shall be laid in wisdom, and it is quite another thing to expect them to rise in perfection. Many of our laws are wise. Few of them- perhaps none of them-are perfect. The explanation, or at least one of the explanations, lies in the nature of things. If a law is to be a rule of conduct it should be precise and definite in its terms, for manifestly a rule made to be observed should be made to be understood. At the same time, however, to the extent that a law is precise it will be inelastic; and, since it deals with conditions of great variety and mutability, it will continually fall short of perfection in its application to the various cases which it governs. So it is that both legislator and judge are called upon again and again to sacrifice the fine gradations of ideal justice for the rough and ready advantages of certainty. When we come to add to this difficulty-namely, the practical difficulty of expressing in terms of legislation the exact shades of meaning which we may think it desirable to express—the further difficulty that half of the time the majority of us do not know what it is that we really want, the wonder is that the law is not in a worse predicament than the late Mr, Bumble conditionally suspected it to be. It seems a simple thing to say that of course the ill-doer should be punished and the well-doer should be protected, but in this day of vast changes and of vast growth in our social and business and political affairs and relations the separation of the things that are ill from the things that are well is by no means as simple a proceeding as some of our impatient reformers would have us imagine. On the contrary, it has become a highly delicate and complex problem, demanding great patience and care and deliberation for its correct solution. The legislative mind
both state and national, however, is apparently obsessed just now with the notion that everything should be controlled and controlled forthwith by legislative fiat: not only the things that are more or less evil, but things that are only more or less objectionable, and occasionally even things that are merely more or less opposed to the canons of good taste. The consequence is that we are beset and bedeviled by a constantly increasing accumulation of statutes and bureaus and commissions and governmental activities and agencies of all sorts which hamper and embarrass the legitimate activities of the well-meaning citizen, in many instances to an extent wholly out of proportion to the good which they can accomplish. In this situation the attitude of this great organization becomes of supreme importance. That attitude, if I understand it, is that without ceasing to be sanely progressive it nevertheless on the whole exercises a restraining influence upon the ultra-radical tendencies of the times. In its deliberations its constant reliance is the wise traditions of a noble profession, and while it does not reject anything simply because it is novel it holds to the old doctrine that wisdom is wisdom even though it be inherited instead of being presently invented.
And so we who believe that the faith of the fathers may sometimes still remain the hope of their sons, and we who cling with reverent affection to the ever-living principles which they established and taught may here find congenial and sympathetic association.
You have held your meetings in many cities whose population exceeded that of Salt Lake City, but you have never met in any city where the fine quality and the great value of your work were more cordially and intelligently recognized. We understand, of course, that you are here primarily for serious business, but, to the extent that a proper realization of that purpose will permit, we shall hope to be able to contribute in some degree towards making your visit one of pleasurable remembrance as well.
Governor Spry and Senator Sutherland, in behalf of the Association I beg to thank you, and through you the good people of this splendid city and great state, for your gracious welcome; a welcome that is as genial as your sunshine, as strong as your
mountains. We indulge the hope that our meeting here will bring us into closer and finer touch with each other, and that when we shall have departed to our distant and several homes, sometimes you may feel that our visit has accomplished something for the advancement of jurisprudence, the cause of peace, the glory of our common country, and the betterment of humanity. The President then delivered his address : “ The Lawyer.”
(See the Appendix, page 313.) The Secretary:
I direct your attention to the statement on the program that state delegations are to meet in this hall at the close of this session to nominate members of the General Council, and also to select a Vice-President and Local Council for each state. As the new General Council must be organized, the selections should be made promptly.
I request you to look at the first printed list of members in attendance, and to report to one of the assistant secretaries any errors discovered.
I am instructed by the President to announce that appointments to the Committee on Publications are as follows:
Carroll T. Bond, of Maryland.
It is desired that those members of the committee who are in Salt Lake City do meet and confer as to their duties.
Announcements were then made of the respective places of assembly of state delegations at the close of this session of the Association.
Assistant Secretary Kemp:
The Comparative Law Bureau will meet this afternoon in the Presidential Suite of the Hotel Utah. The Special Committee
* Charles Noble Gregory having subsequently declined the appointment, President Root appointed George Sutherland, of Utah, in his place.