Page:Forty years of it (IA fortyyearsofit00whitiala).pdf/154

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sustained by the Supreme Court in a decision which had made it the leading case on that subject of constitutional law for a whole generation. Time and again it had been attacked and always it had been sustained; to contest the constitutionality of this new act seemed the veriest folly.

But Jones was determined to resist; like some stout burgomaster of an old free city of Germany he determined to stand out against the city's over-*lords from the rural districts, and he insisted on my representing him in the litigation which his resistance would certainly provoke. I had no hope of winning, and told him so; I explained the precedent in the Cincinnati case, and that only made him more determined; if there was one thing more than another for which he had a supreme and sovereign contempt it was a legal precedent. My brethren at the bar all laughed at me, as I knew they would; but I went to work, and after a few days' investigation became convinced that the doctrine laid down in that leading case was not at all sound.

When I came to this conviction, I induced Jones to retain additional counsel, one of the most brilliant lawyers at our bar, Mr. Clarence Brown, a man who, in addition to his knowledge of the law, could bring to the forum a charming personality, a wit and an eloquence that were irresistible. He, too, set to work, and in a few days he was convinced, as I, that the precedent should be overthrown. Jones refused to turn over the command of the police to the new commissioners whom the governor appointed; they applied to the Supreme Court for a writ of manda-