Various

“ We have left undone some things that we ought to have done, and we have done some things that we ought not to have done; but I cannot say now that there is no health in us. Once again we have had a new birth of freedom; once again we highly resolve that our dead shall not have died in vain ”

“ If, in their attempts at persuasion or communication, those of the labor side adopt methods which, however, lawful in their announced purpose, inevitably lead to intimidation and obstruction, then it is the Court’s duty—and the terms of Section 20 do not modify this—so to limit what the propagandists do as to time, manner and place as to prevent infractions of the law and violations of the right of the employés and of the employers for whom they wish to work. ”

“ These great anniversaries all marked the definite passing of crises; the present one rather falls within a protracted period of crisis than marks the passing of one. If we were to celebrate the anniversary of the greatest crisis of recent times, I should name July 18th, 1918, when, as most of those here will remember, the glad peals of the bell above us sounded the news that the great allied offensive had opened. ”

“ In the days of secret, happy expectation there then goes from heart to heart the cry: ‘With God for King and Fatherland!’ Still and deep in German hearts there must live the joy of battle and a longing for it. So, let’s laugh to scorn those old women in men’s breeches who fear war and wail that it is horrible and criminal. ”

“ Are individual enterprise and talent to be smothered by rule? Is the Constitution of the United States a worn-out old one-horse shay, ready to drop to pieces all at once? Is the Senate a back number? Is the peaceful rule by majority to be exchanged for Bolshevik dictatorship? [pg 18] Is our transportation industry to be ruined by taxes and rate control at one end and cost of labor at the other? Should we take an active part in the affairs of the Eastern hemisphere, and invite European and Asiatic powers to help regulate our continent ”

“ We were told that a people should be neutral in thought as well as in deed; and so we stood by and watched Belgium, a neutral country, ravaged and pillaged; France invaded and destroyed; Serbia depopulated; Russia crushed. A great crisis like the battle of the Marne stirred men’s souls, but without bringing home to us as a nation the ultimate danger to our liberty. The consummate outrage of the “Lusitania” made an impression never effaced, but the rising indignation of the country was met with the caution that “a man may be too proud to fight,” and this crisis passed over also. ”

“ Always remember that it is of a great deal more importance to be awake after you are up, than simply to get up early.”
There is another story which does not relate to the Law School, but which I will venture to tell, both as a picture of early Cambridge days, and as a manifestation of Harvard scholarship under adverse circumstances. There was then no Harvard Bridge and no horse-car line, and, when the culture of Cambridge went to Boston to hear Emerson lecture in the winter evening, the best available vehicle was a large, open, four-horse sleigh, owned and driven by a liveryman named Morse. ”

“ Regarding as primary the rights of the employés to work for whom they will, and to go freely to and from their place of labor, and keeping in mind the right of the employer incident to his property and business to free access of such employés, what can be done to reconcile the conflicting interests?
Each case must turn on its own circumstances. It is a case for the flexible, remedial power of a Court of equity which may try one mode of restraint, and if it fails or proves to be too drastic, may change it. ”

“ Or will they, already talking again of a scrap of paper, straightway begin to prepare for a fresh coup twenty-five years or so hence? Must the peace-loving peoples of the world still apply themselves to that most distasteful of all tasks, the invention and manufacture and practice of means of destroying life and property in war? ”

“ In going to and from work, men have a right to as free passage without obstruction as the streets afford, consistent with the right of others to enjoy the same privilege. We are a social people and the accosting by one of another in an inoffensive way and offer by the one to communicate and discuss information with a view to influencing the other’s action, are not regarded as aggression, or a violation of that other’s right. ”

“ One thing is certain; before we can teach other people to think clearly, we must be able to think clearly ourselves; to formulate and make others realize the real issues; to perceive the fallacy or confusion in the opposing line of thought, and point it out without offense. It is a maxim among lawyers that a case well stated is half argued, and nothing can be more to the point at this time. ”

“ If, however, the offer is declined, as it may rightfully be, then persistence, importunity, and following do become unjustifiable annoyance and obstruction which is likely soon to savor of intimidation. The nearer this is to the place of business, the greater the interference with the business and especially with the property right of access of the employer. Such an attempted discussion attracts the curious, or, it may be, interested bystanders. They increase the obstruction as well as the aspect of intimidation which the situation quickly assumes. ”

“ Dougherty does not favor obligatory arbitration in the case of labor disputes, his view being that public sentiment will decide them. But we have always been clear in our own mind that there must be compulsory acquiescence in the findings of whatever tribunal hears such disputes; otherwise one party or the other will, too often, not acquiesce.
In a recent Chancery case, where an injunction had been ordered by the Court restraining a corporation from doing anything while the matter of a permanent receivership was under consideration, a voluntary petition in bankruptcy was filed. ”

“ Professor Parker, when Chief Justice of New Hampshire, had a memorable struggle with Judge Story, who held the United States Circuit Court, over a question under the Bankrupt Law. The facts are stated on pages 245 and 246 of the History of the Law School. In my time it was thought that Professor Parker did not like Story, or Story’s rather showy law books. He probably would have agreed with the following remarks on page 12 of the History: “Story was the kindly master who, in his lectures, smoothed the rough places and was profuse with instruction and help. ”

“ This work, of about four hundred pages, has been written and compiled by the Faculty, with the assistance of graduates. It is admirably printed on excellent paper and liberally illustrated. The whole story of the great School is spread before the reader: its modest beginning; its Golden Age of Story and Greenleaf; the sedate and conservative era of the Triumvirate, Parker, Parsons and Washburn, in which my own lot fell; and then Langdell, the apostle of a new idea, and his many brilliant and interesting followers. ”

“ But while this is so, we must have every regard for the Congressional intention manifested in the Act to the principle of existing law which declares that ex-employés and others properly acting with them shall have an opportunity, so far as is consistent with peace and law, to observe who are still working for the employer, to communicate with them and to persuade them to join the ranks of his opponents in a lawful, economic struggle. ”

“ Nothing could be less effective than a series of lectures which no one was bound to attend, without recitations or examinations, so that it was possible for a student to receive his degree after a year and a half of residence without learning any law. ”

“ A restraining order against picketing by that name will advise earnest advocates of labor’s cause that the law does not look with favor on an enforced discussion of the merits of the issue between individuals who wish to work and groups of those who do not, under conditions which subject the individuals who wish to work to a severe test of their nerves and physical strength and courage. ”

“ War is beautiful, and it is glorious to die for the Fatherland and the hereditary ruling house. Our great ally above will lead us splendidly.”
[pg 3] In New York City there is a municipal ordinance requiring landlords, who are to give tenants under a lease hot water, to furnish it or be arrested, fined and, if thought wise by the magistrate, imprisoned. Recently a landlord in the Bronx was found guilty of failure to supply hot water, and it appeared that the landlord and tenant had somehow become on unfriendly terms ”

“ As experience and observation widen, one realizes how thin is the crust which separates civilized society from the elemental fires below, and comes more and more to value influences which preserve and institutions which stabilize. ”

“ In the second case referred to in the preceding paragraph the United States Supreme Court thus laid down the rule as to the “secondary boycott”: It is to be observed that this [the case in hand] is not the mere case of a peaceful secondary boycott, as to the illegality of which courts have differed and States have adopted different statutory provisions. A secondary boycott of this kind is where many combine to injure one in his [pg 2] business by coercing persons against their will to cease patronizing him by threats of similar injury. ”

“ We still have real statesmen; let us listen to them with attention and take care not to hurry too much in deciding. Impulse leads to irretrievable error much oftener than does deliberation. Sober second thought is usually the better. ”

“ But, notwithstanding this anxiety, let us rejoice in the great victory of Liberty over autocracy and militarism. As we look back over the last five years we see many a vision; some dreadful nightmares, others with the seeming of the good God taking direct part in the affairs of men. ”

“ Even if each assessor were an expert the grand result inevitably would be a great variety of valuations. As so many assessors are not experts the absence of uniformity is all the more conspicuous.” Mr. Jess said that each assessor or assessing body is now a separate machine, functioning independently in a particular territory. ”

“ The “Pathfinders League,” of Stuttgart, we assume to be a Social (practically Soviet) organization, but the “Christian Young People’s Societies,” must be at least a quasi-religious body. A circular sent out and published by these organizations on July 22 last says:
“War is the most exalted and holiest expression of human activity. Some day the hour of battle will strike for us, too, when we, as officers, go forth against the enemy. The people, which is a minor politically, will then fall into line of itself. ”

“ Argonne Wood, our present day battle of the wilderness, takes time and its awful toll of human lives, but yields, for the first time in history, to an attack by American troops; Grand Pré and open country beyond. ”

“ They are not mere fancies; they are not partisan issues, though many stentorian shouters proclaim them such; they are live and vital questions which must be solved and will be solved, doubtless at great cost in treasure and perhaps at some cost in blood. ”

“ The employés were made to run the gauntlet. When one or more assaults or disturbances ensued, they characterized the whole campaign, which became effective because of its intimidating character, in spite of the admonitions given by the leaders to their followers as to lawful methods to be pursued, however sincere.
[pg 21] Our conclusion is that picketing thus instituted is unlawful and cannot be peaceable, and may be properly enjoined by the specific term of “picketing” because its meaning is clearly understood in the sphere of the controversy by those who are parties to it. ”

“ In such a case the many have a legal right to withdraw their trade from the one, they have the legal right to withdraw their trade from third persons and they have the right to advise third persons of their intention to do so when each act is considered singly. The question in such cases is whether the moral coercion exercised over a stranger to the original controversy by steps in themselves legal becomes a legal wrong. ”

“ In a civil action against a husband and wife for damages resulting from an atrocious assault [pg 27] committed by the wife with the encouragement of the husband, an order was made to hold both to bail. Was this legal?
27. A sued the State of New Jersey on a book account. Could he maintain his action?
28. At the hearing of a suit in Chancery, defendant set up the statute of limitations, but this defense did not appear in the answer. Could the defendant avail himself of it?
29. A bill in equity failed to state any equitable cause of action. What would you advise your client to do? ”

“ The keeping of high explosives in a public highway in a populous community, without guard or signal, to the terror, alarm, and great danger of the citizens, is held to be a common nuisance, indictable at common law, in Kentucky Glycerine Co. v. Com. 188 Ky. 820, 224 S. W. 360, annotated in 11 A.L.R. 715.
False swearing by a witness is held to be such an obstruction of justice as to constitute a direct contempt of court, in Riley v. ”