Cincinnati Bar Association. cn.

Cincinnati bar association, 1872-1922; celebration of fiftieth anniversary at Hotel Gibson, Wednesday, April nineteenth, nineteen twenty-two, the president, Province M. Pogue, presiding online

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Online LibraryCincinnati Bar Association. cnCincinnati bar association, 1872-1922; celebration of fiftieth anniversary at Hotel Gibson, Wednesday, April nineteenth, nineteen twenty-two, the president, Province M. Pogue, presiding → online text (page 1 of 5)
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'. 72" 1922



.PIF-Ti ETH A N N IV RRS ART



ALLEN COUNTY PUBLIC LIBRARY




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Cincinnati Bar Association.
Cincinnati bar association,
1872-1922





ALPHONSO TAFT

President of the Cincinnati Bar Association

1872




PROVINCE M. POGUE

President of the Cincinnati Bar Association

1922



CINCINNATI BAR ASSOCIATION

1872 - 1922



CELEBRATION OF



Fiftieth Anniversary

AT

HOTEL GIBSON

WEDNESDAY, APRIL NINETEENTH
NINETEEN TWENTY-TWO



THE PRESIDENT

PROVINCE M. POGUE

PRESIDING



1g



CINCINNATI

PUBLISHED BY THE ASSOCIATION

1922



AUen County Pt^ic L&rary
Ft. Woyne, imiiona



OFFICERS OF THE ASSOCIATION

1872

President
ALPHONSO TAFT



Vice-Presidents

RUFUS KING GEORGE HOADLY

JOHN W. HERRON GEORGE R. SAGE

THOMAS B. PAXTON



Recording Secretary
ISRAEL LUDLOW



Corresponding Secretary
S. DANA HORTON



Treasurer
LEWIS E. MILLS



OFFICERS OF THE ASSOCIATION
1922

President
PROVINCE M. POGUE



Vice-Presidents
FRANK F. DINSMORE JOHN R. SCHINDEL

ALFRED G. ALLEN ANTHONY B. DUNLAP

ROBERT A.^TAFT



Recording Secretary
OLIVER G. BAILEY



Corresponding Secretary
WILLIAM A. EGGERS



Treasurer
PHILIP HINKLE



STANDING COMMITTEES
1922

Executive Committee
OSCAR STOEHR, Chairman BEN L. HEIDINGSFELD

FRANK W. COTTLE BEN B. NELSON

DENNIS J. RYAN

Committee on Investigation
ALFRED MACK, Chairman JOHN V. CAMPBELL

MORISON R. WAITE CARL LEHMANN

HARRY B. MACKOY

Committee on Grievances
BURTON B. TUTTLE, Chairman WILLIAM A. GEOGHEGAN
WALTER M. SHOHL FRANK R. GUSWEILER

NATHANIEL H. MAXWELL

Committee on the Judiciary and on Legal Reform
RUFUS B. SMITH, Chairman CARL M. JACOBS

HARRY M. HOFFHEIMER CHARLES H. STEPHENS, Jr.

WALTER A. SCHMITT

Committee on Membership
JAMES G. STEWART, Chairman HOWARD N. RAGLAND
CHARLES S. BELL GEORGE A. DORNETTE

ADOLPH S. GRUBER

Committee on Celebration of the Fiftieth Anniversary of the Founding

of the Cincinnati Bar Association
SIMEON M. JOHNSON, Chairman CHARLES T. GREVE
MORRIS L. BUCHWALTER BEN L. HEIDINGSFELD

CARL M. JACOBS, Jr. OSCAR STOEHR

Committee Appointed Under Resolution of January 17, 1922, as to

Recommendations in Regard to Judicial Office
BURTON B. TUTTLE, Chairman W. A. GEOHEGAN
MURRAY SEASONGOOD

Committee of Six on Qualifications of Candidates for Judicial Office

0^ per Resolution of January 17, 1922
JOEL CLORE FRANK H. KUNKEL

ALFRED B. BENEDICT WALTER M. SHOHL

GEORGE E. MILLS BEN. B. NELSON



MENU



CRAB FLAKE COCKTAIL

CELERY SALTED NUTS OLIVES

POTAGE MINESTRA MILANAISE

CHEESE STRAWS



GRILLED BREAST OF CAPON ON TOAST

NEW POTATOES BROWNED IN BUTTER
CROUSTADE OF FRESH VEGETABLES



HEARTS OF LETTUCE

EGG DRESSING



MOUSSES OF FRESH STRAWBERRIES

EASTER CAKES



CAFE NOIR

CIDER NATURAL CIGARETTES PERFECTOS



SPEAKERS



HON. CORDENIO A. SEVERANCE
President American Bar Association



HON. CURTIS E. McBRIDE
President Ohio State Bar Association



HON. JAMES G. JOHNSON
Justice of the Supreme Court of Ohio



HON. PAUL HOWLAND HON. EDWARD COLSTON

HON. JUDSON HARMON HON. CHARLES B. WILBY

HON. MORRIS L. BUCHWALTER



ADDRESS OF
PRESIDENT POGUE

Before the formal meeting of the Bar Association begins, I
wish to direct your attention to the fact that since our last
meeting in January we have lost one of the ablest members of
our bar, one of the most courageous public officials, and one of
the most lovable of men — a predecessor in office and President
of the Cincinnati Bar Association. I, therefore, ask that the
members of this Bar arise and stand in respectful reverence
on account of the death of John Galvin. (All members arose
and remained standing for a few minutes.)

We will now proceed to the order of business of the meeting.
I hope the reports of the Committees will be short. There is
much to be taken care of this evening; we are going to hear from
our fifty-year members, and I trust there will not be a single
person leave this room until we have heard of or from every
one of them. I know that all the members of the Bar present
appreciate what is proper on this occasion.

The first in the order of business is the reading of the minutes.
(Upon motion duly made, seconded and carried, the reading of
the minutes was dispensed with.)

Here followed the reports of the various committees.

President Pogue — Is there anything else to be introduced
under the subject of miscellaneous business?

Mr. Allen (AlfredG.) — There lies tonight at Christ Hospital,
in this city, a former Judge of our Common Pleas Court, a mem-
ber of this Bar Association, Honorable Moses Wilson; he is very
ill and helpless, and I would like to make a motion that we
extend to him our felicitations on the meeting of the Associa-
tion on its fiftieth anniversary, and let him know that we still
remember him.

Mr. 0' Hara — I second that motion.



10 Fiftieth Anniversary

President Pogue — I might add that Judge Wilson was a
former President of this Association. (The motion was put
and unanimously carried.)

President Pogue — If there is nothing else under the subject of
miscellaneous business, we will now proceed to the real order of
business of this meeting.

A little over fifty years ago there was organized in this city
the Cincinnati Bar Association. The original record is in the
possession of the secretary of this Association. It will be a pleas-
ure to every member present, to take the time, as a matter of
interest, to look at the names on the original roster. When I
view them, and see the types of men that started in to ac-
complish what I feel this Bar has always maintained, the high-
est position in the profession in the United States, we can
readily see why its foundation was so important, and why we
have been so remarkably influenced by the tjrpe of men who
founded that organization.

Out of in the neighborhood of one hundred members, as nearly
as I can find from the records, who constituted that organization
in the first year of its existence, there are living today nineteen
members. The oldest is Mr. E. P. Bradstreet, nearly ninety-
three years of age. He is present with us tonight (applause).
Mr. Bradstreet, I would Hke for you to stand.

(Mr. Bradstreet arises.) (Applause.)

I want the younger members of this Bar, like Governor
Harmon (laughter) and Robert Fulton, to know that at the last
term of court, Mr. Bradstreet tried a case in Judge Caldwell's
room. From what the Judge tells me the opposing counsel had
no chance, for as soon as they looked at Mr. Bradstreet the jury
concluded that whatever was right or wrong in the case Brad-
street had to win, and so he won. (Laughter and applause.)

I wish to direct your attention to the fact that of the original
roster of nineteen, ten are present here tonight. (Applause.)
Perhaps some of the younger members of this Bar do not know
all of these men, and I would, therefore, like to have them arise
as I call their names. Four of those men are at this table,
sitting right in front of you. They are Governor Harmon



Cincinnati Bar Association 11

(applause), Judge Buch waiter (applause), Charles B. Wilby
(applause), and Edward Colston (applause). The others are
E. P. Bradstreet, Judge Clement L. Bates, Charles H. Stephens,
Sr., W. C. Cochran, Robert Fulton, and W. H. Mackoy, seated
at a table in front of the speakers of the evening. (Applause.)

In the formation of this organization the principle, which
was predominant in its foundation, was embodied in this clause
of the Constitution:

"The objects of the Association are, to maintain the honor and
dignity of the Profession of the Law, to cultivate social intercourse
and acquaintance among the members of the bar, and to increase
their usefulness in aiding the administration of justice and in
promoting legal reform. But it shall not be a part of the business
of the Association to discuss, or to take action upon questions
of politics or of religion."

If any one will read the minutes through from that time to
this, he will find that the provisions of that part of the Constitu-
tion have been fought over as many times as the Volstead Act.
(Laughter.) Still, they upheld things in those days that the
Volstead Act prohibits.

At one of the early sessions of this Association there was a
very bitter debate between George Hoadly on one side and
Rufus King and Mr. Stanbery on the other, as to whether
they should have anything of an intoxicating nature to drink
at meetings of the Association, and I might say that the
spirit of Mr. King prevailed and the wets carried it.

Now, we come to the consideration of the main part of our
program, to listen to those who have very kindly consented to
address us on this anniversary. I am not going to attempt to
introduce them with any formal speech, because, with the
exception of two or three, they are residents of our city, and well
known to you.

The one who is first on the list of speakers tonight has not
been able to be here on account of illness. I have this wire
from him, Mr. Severance, President of the American Bar
Association, which I would like to read to the Association :



12 Fiftieth Anniversary

St. Paul, Minn., April 17, 1922.
Province M. Pogue,

First National Bank Building, Cincinnati, Ohio.
It is with infinite regret that I am compelled to wire you that
I cannot be in Cincinnati Wednesday night, having been ill in
bed since Saturday morning, and being prohibited by the doctor
from attempting to get out in time to reach your dinner. This is
very exasperating, but unavoidable. Please convey to the
members of your association the greetings of the American Bar
Association, which I had expected to present in person. The
Cincinnati Bar has contributed to the nation so many distinguished
jurists and lawyers that the mere recital of their names would be
tedious. The exalted positions now filled by members of your
Association demonstrate that the present generation is maintaining
the high traditions of your Bar. Am writing you more fully.

C. A. SEVERANCE.

I now take pleasure in introducing to those who have not had
the good fortune to hear him, Honorable Curtis E. McBride,
President of the Bar Association of the State of Ohio. (Ap-
plause.)



Cincinnati Bar Association 13



ADDRESS OF
HON. CURTIS E. McBRIDE

Mr. President, Ladies and Gentlemen of the Cincinnati Bar
Association:

It is a pleasure for me to be here tonight, and I bring you
the hearty greetings and fehcitations of the Ohio State Bar
Association on this, your most auspicious occasion.

The Cincinnati Bar Association, as has been said, has been
composed of eminent lawyers, and you have fulfilled the object
of your Association. These associations are very pleasant; we
get together and they sweeten the bitterness and the hardships
of the trial, and they help us to endure and sustain us in the
arduous toil of the profession.

The Bar Association of the State of Ohio, and the local Bar
Associations throughout the State, are doing more and better
work at the present time than they have ever done before
throughout the State. And there has been an added interest
to the work of the State Association that has been largely due
to the splendid work done by the Cincinnati Bar Association
and the Cleveland Bar Association in the northern part of the
State. The great trouble with the lawyers heretofore has been
that they have been a good deal like the Irish; the Irish fight
everybody's battles but their own, and they are doing that now.
Then when the war has ceased they come back and start in to
fight among themselves. And that is what we have done; the
lawyer has fought everybody's battles, until they have fought
themselves out of some business that they ought not to have
fought themselves out of. We go before the State Legislature
and ask for some legislation, and we get scant consideration;
heretofore we have had scant consideration, because there has
been no united, concerted action behind us. This last winter
we had a matter up before the legislature that passed the
House by a very large vote, and it was unanimously recom-
mended by the Judiciary Committee of the Senate, and then it



14 Fiftieth Anniversary

fell into the hands of what is known as the Jitney Committee.
I don't know what that is, but it is a new committee originating
up there lately, and there it stayed — we couldn't get it out, and
when the chairman was appealed to and told that the State
Bar Association was back of it, he wanted to know who the
State Bar Association was anyway. (Laughter.)

Now, every profession in the State of Ohio is organized.
The doctors are organized to about ninety-seven per cent of their
membership, while the State Association of the lawyers is or-
ganized to about thirty-seven per cent. So you can readily
see why we haven't the influence in the State Legislature that
we ought to have; but, as I said before, there is a better feeling
over the State of Ohio; there is a better support to the State
Bar Association.

I was very much pleased in reading Bryce's new book on
Modern Democracies, wherein he says there has been a great
advance in the standing both of the bench and the bar through-
out the United States in the last thirty-five years, and then he
gives his reason. He said it is due to the activity and the work
of the State and the local bar associations throughout the
country. So you see we have a great work to do; but it is just
beginning; there must be a better and a more earnest co-opera-
tion throughout the State of Ohio, and among the lawyers than
there has been heretofore.

Now, last winter there was some legislation introduced with
reference to the incorporation of the Bar. Immediately a hue
and cry went up from the lake to the river, that the lawyers
had some iniquitous scheme before the legislature that ought to
be killed. The newspapers played it up and ridiculed it, and
everybody who had an organization of their own was against it.
It was a good deal like the Irishman who landed on an island,
and after getting the salt water out of his eyes, he asked them
what kind of government they had, and was told none at all,
and he said, "Well, I am 'agin' it." So every organization in
the State of Ohio was against everything that the lawyers
wanted, although there has not been an organization in the
State of Ohio but what has asked some lawyer at some time to



Cincinnati Bar Association 15

aid and assist them before the legislature in getting their
measures through.

I hope to see that measure, or some measure like it, enacted
into law; whether that is the best bill or not I am not here to
say, but it is a start; it is a basis for discussion, and instead of
saying, "Well, I am opposed to that, I will have nothing to do
with it," we ought to take it up in our local Bar Associations
and our State Bar Association, and work out something which
will be beneficial. Let us regulate our own profession, and not
be regulated by some other profession, or by a lot of people who
haven't any profession, but a desire to regulate other people's
business. That is one thing that I hope will be enacted in the
near future, some legislation along that line; but as I say,
whether that is the right law or not, I don't know, and I don't
pretend to say.

Now, great interest has been taken recently in the higher
education of the Bar; the State was represented by delegates
at the conference that was held in Washington recently; your
Association was represented, the Cleveland Bar Association was
represented, and quite a few of the local Bar Associations in this
and most of the other states sent representatives to Washington.
There was a great interest manifested in that question at that
conference; and it is a great problem. Formerly the lawyer in
the community was regarded as an oracle, he was looked up to,
he was considered a leader of thought in the community where
he lived. But in latter years we have lost out; today the lawyer
does not occupy the place that he did twenty-five or thirty
years ago, as the leader of thought in his community. This loss
of prestige is largely his own fault; he has stood silently by and
permitted people to cast slurs on his and our profession without
resenting it, he has permitted himself to be thrown into the
background; other organizations, other societies have come to
the front; other men have taken the place of the lawyer as the
leader of thought in the community; but he is coming back, he
is resuming his place more and more. If I may be pardoned
for reference to my own Bar Association — our local Bar Asso-
ciation up there. We started five years ago and we held
quarterly meetings, and at every quarterly meeting we have a



16 Fiftieth Anniversary

speaker on some vital subject, and we have invited in the
public. At first we had about ten or twelve outsiders come in
out of mere curiosity; but now we have about a hundred out-
side people, who come in to listen to our discussions. I think
the lawyer is, to a large extent, regaining his station as the
leader of thought in his community. And then we decided to
hold luncheons; that is, we would meet at luncheon, and we
held them twice a month. When we started out with those
luncheons it was most difficult for two lawyers to sit down in
peace together; knives and hatchets were very much in evidence.
But that is all done away with. We try our cases differently
now; we can now sit down during the trial of the case and try it
without trying the lawyer. This has all been brought about by
our social amenities, by these semi-monthly luncheons that we
hold. At first we started out with only a few, but now there
isn't a single member of the Bar, hardly, but what attends these
luncheons, and is glad to do it. So through that we have cul-
tivated a feeling of good fellowship, and the lawyers throughout
the State are doing it.

I feel that the lawyers are regaining their old-time position.

Now, I didn't come here to make a speech tonight, I didn't
expect to be on the program; I came down here simply to bring
you the greetings and felicitations of the State Bar Association,
and then to hsten to my distinguished friends who are to follow
me on the program.

Now, we talk about unrest throughout the country. We
need an educated bar for the purpose of directing correctly the
public mind. The lawyer, trained in his profession, is the one
that can do that; he is a creative power in his community to hurl
back the waves of unrest, to aid in stopping violations of law,
to bring to task those who look upon lawlessness with too much
levity. It is the lawyer's duty to stand forefront against
anything of that sort.

We all have read history; we all have seen in the old democ-
racies, when the bar became corrupt and degenerate, and when
the people lost confidence in the judiciary, they went upon the
rocks, they went to ruin. But I have no such fear as that for
this country; this country will live, this country will prosper,



Cincinnati Bar Association 17

this country will be law-abiding, so long as we have a pure and
independent judiciary, and a fearless and patriotic bar. I
thank you. (Applause.)

President Pogue — As I have said, I do not intend to make
any formal speech of introduction of any of the speakers here
tonight; and I would have the least, if any cause, to make a
speech of introduction of our guest on my right, Justice of the
Supreme Court of Ohio, Honorable James G. Johnson. (Ap-
plause.)



18 Fiftieth Anniversary



ADDRESS OF
HON. JAMES G. JOHNSON

Mr. President and Gentlemen:

A judge has an unusually keen delight in being permitted
to meet the brethren of the Bar in close professional communion,
such as is here tonight.

A judge of the Supreme Court does not have the opportunity
to frequently mingle with lawyers. There seems to be some-
thing that fixes his habits on him and withdraws him from that
freedom of action that others have.

An occasion like this compels a retrospective view of the
Association, of its growth, of its influence in the community and
of its personnel. A half century of existence and such a half
century. In that half century science has explored and ex-
plained fields formerly unknown. Government has concerned
itself with the development of our natural resources, with busi-
ness and with the entire social fabric.

The laws of nations have yielded and have been molded to
the new standards that have risen with the wondrous changes
which have come. Statesmen, thinkers and leaders have all
been influenced in their conceptions of life and of the duty of the
state to the people. I am inclined to think that statesmen
have much less influence over the ultimate progress of the na-
tions than is implied by their imposing figures in history.
The resistless forces of progress work their sure result, only
slightly influenced by particular men.

At a celebration of a golden anniversary, each one has
impressions about it that are peculiar to himself.

In one of Browning's poems an old Italian story is told by
twelve different persons, each in his own way, and Browning's
skill was so great and his genius so fine that the stories resemble
each other only as different people look alike, or as the same
thing is seen through different eyes.



Cincinnati Bar Association 19

Tonight I think of the lawyers of this Bar of whom I heard
in the early times. All through this section there is tradition
that the Bar of Hamilton County, from the very first, has in-
cluded in its membership many eminent and distinguished
lawyers.

I remember the names of Salmon P. Chase, George E. Pugh,
Charles Fox, Bellamy Storer, Charles Hammond, Henry Stan-
berry, Alphonso Taft, Stanley Mathews, George Hoadly, and
the long list of eminent men that adorned the Superior Court
of Cincinnati, and gave to it a prominence and authority that
must be a proud and pleasant heritage to their successors and
to the Bar of the county.

I doubt it there has been in any part of the Union a Bar of
greater men as lawyers and statesmen. These men were not
mere lawyers. They had wide and varied attainments. They
knew the organic structure and practical workings of a great
democracy and were filled with the spirit of liberty and free
institutions. They were strong, self-reliant men, free from pre-
judice and narrow provincial views. I am inclined to think
that the lawyers of the United States have not occupied the
positions as molders of public thought and instruction in the
last generation that they ought to have occupied. They have
not followed in the footsteps of the fathers as they ought to
have done.

In the first century of our history it was from the lawyers of
the country that the people received their knowledge and
instruction with reference to the institutions we have built up
in America, and as to what this thing is that we were trying in
the Western Hemisphere, this experiment in self government.
There were not many newspapers and they had not the means
of communication and instruction that the later generation has
had.

William Wirt, Daniel Webster, Henry Clay, Tom Corwin.
Judge Douglas, Mr. Lincoln, and others like them, were the
real leaders of the people.

Almost a hundred years ago a foreign visitor, a sincere student
of our institutions, said in a great work, that the lawyers were
the aristocrats of the United States. He did not mean that



20 Fiftieth Anniversary

they had set themselves up as better or in a different class from
the rest of the people. What he meant and what he said was
that they were the teachers of the people, the promotors of
intelligence and of the principles upon which the government
was founded. He pointed out that the almost invisible influence
of the legal profession directed the public mind and checked the
impetuosity, which might be expected to develop in popular
government.

In the old days the appearance of great lawyers in the trial
of jury cases served to increase the general intelligence of the
people. The jury box was like a public school, which was al-
ways open, and in which the juror learned his rights and duties
as a citizen, and was impressed with the vast performance of
doing his best to meet the full requirements of a citizen of the
great Republic.

The lawyers of that day taught the people what a democracy
was and created in the public mind the conception that the
constitution was a great instrument to put in force and preserve
in an orderly way the truths of the great Declaration, and the
early lawyers explained and expounded the Constitution to their


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Online LibraryCincinnati Bar Association. cnCincinnati bar association, 1872-1922; celebration of fiftieth anniversary at Hotel Gibson, Wednesday, April nineteenth, nineteen twenty-two, the president, Province M. Pogue, presiding → online text (page 1 of 5)