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CHAPTER 4 CALLED TO THE BAR

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In the English expression, I had now been "called" to the bar. Lawyers are very fond of fiction; especially the English lawyers. Working a long time on obscure subjects, spending all your money, and as much of your family's as you can get, and finally passing examinations against the will and best efforts of the inquisitors, means getting "called to the bar." I now had a license to practice law, but no one had called me to practice on him. Perhaps I might digress on the brink of a new and untried world to take account of stock, as one might say.

I had no money and no influential friends. I had a rather meagre education. I had never been carefully and methodically trained, and I have felt the lack of it all my life. My law education came from a year's study at a good law school and from a year's reading under a lawyer's direction. I had never had any experience in court work or in the preparation of cases. I then knew, and have ever since been aware, that I needed specific training which I could not get. I was none too industrious, and I have never loved to work. In fact, strange as it may seem, I have never wanted to do the things that I did not want to do. These activities are what I call work. I liked to do certain things no matter how much exertion they required; I liked to play baseball, no matter how hot the day. I liked to read books that I liked to read. I liked debating in school and out of school. I liked to "speak pieces" and was always keen to make due preparation for that, no matter what the subject might be. I always preferred diversions to duties, and this strange taste has clung to me all through life. Again and again these tendencies have kept me from turning to things that my parents and teachers have felt that I should do. In this, the parents and teachers have doubtless often been right. Doing something that one ought to do means foregoing pleasure and enduring pain, or at least boredom, in the hope and belief that one will all the more enjoy a thing in the future by abstaining from it now. Undoubtedly often this is true.

I was strong and healthy. I seemed to have a good mind. I really had a rather good education. While this education was not detailed and explicit, still it was broad and comprehensive for one of my years. I had a strongly emotional nature which has caused me boundless joy and infinite pain. I had a vivid imagination. Not only could I put myself in the other person's place, but I could not avoid doing so. My sympathies always went out to the weak, the suffering, and the poor. Realizing their sorrows I tried to relieve them in order that I myself might be relieved. I had a thoroughly independent, perhaps individual, way of looking at things, and was never influenced by the views of others unless I could be convinced that they were nearly right. I had little respect for the opinion of the crowd. My instinct was to doubt the majority view. My father had directed my thought and reading. He had taught me to question rather than accept. He never thought that the fear of God was the beginning of wisdom. I have always felt that doubt was the beginning of wisdom, and the fear of God was the end of wisdom.

I took a little office in the village of Andover, ten miles from Kinsman, borrowed some money to buy some books, and flung my shingle to the breeze. I did not succeed at first. I am not certain that I ever did. In fact, I don't know the meaning of the word "success." To some--perhaps to most--it means "money." I never cared much for it nor tried to get much of it or ever had a great deal, but still most of my life I have had what I needed. To some, success means political preferment; this I never wanted. It is hard enough to maintain an independent stand and freely express one's self without being handicapped by the desire for office or money. Most people who follow a political career grow to be cowards and slaves; for that matter, so do men who sell prunes. In life one cannot eat his cake and have it, too; he must make his choice and then do the best he can to be content to go the way his judgment leads. Whether he really has anything to do with the making of a choice is still another question for which I have plenty of time and space later on.

Soon after I was twenty-one years old, while I was living in Ashtabula, Ohio, I married Miss Jessie Ohl, whose parents were neighbors and friends of our family. Of this marriage my son Paul was born. Later in life we were divorced--in 1897. This was done without contest or disagreement and without any bitterness on either side, and our son has always been attached to both of us, and she and I have always had full confidence and respect toward each other.

It would not have been possible to build up what lawyers call "a good practice" where my name was first posted on an office door. The part of Ohio where I lived and dreamed was of course a farming section, with farmers' ideas, if farmers can be said to have ideas. There were some things that they did not merely believe. These they knew. They knew that Protestantism was inspired and that all of its creeds, however conflicting, were true. They knew that the Republican party and all of its doctrines came as a divine revelation. They knew that the farmers were the backbone of the country and the most intelligent people in the world. They knew that all pleasure was sinful, and suffering was righteous; that the cities were evil and the country was good. Of course there were no saloons in the place.

The main industry of the farmers was the dairy business. This was carried on by taking milk to the cheese factories to be converted into butter and cheese; and then each farmer would receive his portion of the money coming from the sale of the output.

My business, as it slowly opened up, grew out of the horse trades, boundary lines, fraudulent representations, private quarrels and grudges, with which the world everywhere is rife. There were actions of debt, actions of replevin, cases of tort, and now and then a criminal complaint. Nearly all of the last mentioned grew out of the sale of liquor or watering milk before it was sent to the factory. The liquor prosecutions generally came from the villages, although here and there a farmer was fined for selling hard cider. The whole community was always against the defendant in the liquor cases, but not so in those pertaining to watering milk. Membership in a church in no way affected these cases of dilution. It was so easy to pour a bucketful of water into a milk can that many otherwise upright men could not resist.

In about two years of steady growth I was convinced that I was too big for that place, whereupon I moved to Ashtabula, twenty-five miles away, a town of about five thousand people and then the largest in that part of the country. Soon after my arrival I was elected city solicitor, with a salary of seventy-five dollars a month and the right to take cases on my own account, which salary and perquisites to me seemed all that I was worth.

Ashtabula furnished a somewhat broader field, but was not especially exciting. With me, as with most lawyers, a case became a personal matter, and my side was right. My feelings were always so strong that fees were a secondary matter.

The most important case I had in Ohio was an action of replevin for a harness worth fifteen dollars. There were other cases that involved more money, but this concerned the ownership of a harness which my client, a boy, had been given for attending a wealthy man in a case of illness. The suit was commenced before a justice of the peace ten miles away. I received five dollars for the first trial, but the jury disagreed. It was set for a second trial, but my client had no more five-dollar bills, so I tried it again at my own expense. My client lost the case, but I persuaded a friend of mine to sign a bond to appeal it to the Court of Common Pleas. By that time I had moved to Ashtabula, but went to the adjoining county to try the case, although after the first five-dollar bill I never got a cent, always paying my own expenses and those of my client, too. I won the case before the jury, but it was taken to the Court of Appeals, where the verdict was reversed. Again it was tried by the jury, who again decided in favor of my client. Once more it was carried to the Court of Appeals, which again reversed the case--the result hinged on a question of law. So I decided to appeal to the Supreme Court, although, in the meantime, I had moved to Chicago. I wrote the brief, argued the case, paid all expenses, and the court decided in my favor. It was seven or eight years from the time the case was commenced before it ended. I had spent money that I could not afford to spare, but I was determined to see it through.

This was long ago. There was no money involved, and not much principle, as I see it now, but then it seemed as if my life depended upon the result. Outside of the immediate jurisdiction it was not a famous case, but there are still living in Trumbull County, Ohio, a number of people who remember the case of "Jewell versus Brockway"--which involved the title to a harness.

A country law-business, in those days, had some interest and much excitement, although almost anything attracts attention in a little village. If a horse fell down on the street it drew a great audience. If a safe was lowered from the second story, the entire Main Street came to a standstill to watch it swung by ropes and pulleys to the sidewalk below. After that, we eagerly looked for something else to satisfy our curiosity and interest.

Fortunately, there was usually a poker game in progress somewhere, almost any time of the day or night. The limit was small, to be sure, as befitted a community of slender means, but none the less inspiring. After baseball, the next game to fascinate me was poker. With congenial companions, a deck of cards and a box of chips, and a little something to drink, I could forget the rest of the world until the last white bone had been tossed into the yawning jack pot. I don't know whether I would recommend the sport or not; I doubt if I would recommend anything if I thought my advice was to be followed. Everything depends on one's point of view of life. I am inclined to believe that the most satisfactory part of life is the time spent in sleep, when one is utterly oblivious to existence; next best is when one is so absorbed in activities that one is altogether unmindful of self. Poker is able to supply this for many, in all ranks of life; yet I would not advise any one to play, or not play, but do most emphatically advise them to keep the limit down.

But poker cannot be said to bear any kinship to the profession of law, excepting that in both games you are dealing with chances, which always helps somewhat to relieve one from the tedium and boredom of life. But law practice itself in a country town had its interesting sides. Necessarily, the cases were small; that is, the amount of cash involved was not great. But here, again, what is the difference whether one plays with a blue chip or a white one? The important thing is to play. And habit has much to do with the way one views the importance of the game. I am satisfied that no one with a moderate amount of intelligence can tolerate life, if he looks it squarely in the face, without welcoming whatever soothes and solaces, and makes one forget. Every one instinctively, automatically, seeks satisfaction from the annoyances and banalities of existence. Some resort to play, some to work, others to alcohol or opiates, and even to religion. But, whatever one takes, and quite regardless of relative values, we all seek something and accept something that gives rest and allays the tension of strenuous living.

Much of the business of the country lawyer in my day was the trial of cases before justices of the peace. These often seemed to be exciting events. And right now I am not so sure but that the old-time country lawyers fighting over the title to a cow were as clever, and sometimes as learned, as lawyers now whose cases involve millions of dollars, or human lives. The trials then were not so much a matter of rote. A lawsuit, then, before a justice of the peace, was filled with color and life and wits. Nor was the country lawsuit a dry and formal affair. Every one, for miles around, had heard of the case and taken sides between the contending parties or their lawyers. Neighborhoods, churches, lodges, and entire communities were divided as if in war. Often the cases were tried in the town halls, and audiences assembled from far and near. An old-time lawsuit was like a great tournament, as described by Walter Scott. The combatants on both sides were always seeking the weakest spots in the enemy's armor, and doing their utmost to unhorse him or to draw blood.

A country lawsuit not only gave the farmers and others not employed somewhere to go, but it left in its wake a chain of hatreds and scars that never healed.

In Ashtabula I was quite content, as I had been before in Andover. I had my friends and enemies, my cronies and critics; my arenas in which to fight, and my poker games at night. And, after all, even though now that life may appear small and superficial, and wasteful of time and opportunity--what does it matter? I am now so near the end of the trail that I can look back and contemplate and compare. Would it have made the slightest difference whether I had remained in Ashtabula, or even in Andover, instead of coming to Chicago, whether the stage was larger; or, whether I had been born at all?

The Story of my Life

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