Page:The Green Bag (1889–1914), Volume 04.pdf/176

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The Accused. forded by the advanced schools and colleges; but they have attainments gained from stu dious application in the closet or from in vestigations made in occasional moments snatched from the labors imposed by some early employment. In either case years are consumed before the study of the law is begun, and afterwards several years more are devoted to the actual study itself. Then come the feeble beginnings, the gradual learning how to apply principles to subjects of inquiry, and the generous bestowal of ser vices without adequate remuneration. So the toiler plods, and finds himself forty years of age or more before he is able to make satisfactory progress upon his toilsome jour ney. He knows well that in the calculation of chances not many more years are likely to be his. Is he not justified, therefore, especially at the maturity of his powers, in considering loss of time, the value of his education, and the knowing how to afford relief by counsel or action, as matters which should contribute to the making of a charge? If we assume that his charges are exorbitant, the truth remains that he rarely gets rich. Up to the year 1887 one of the largest es tates ever left by a lawyer in Massachusetts was appraised at less than four hundred thousand dollars. Within a few years two citizens of that Commonwealth, who made their money in commercial pursuits, have each left estates of about twenty million dollars. These observations suggest a brief treatment of a kindred subject, — the origin of the notion still entertained by a few that professional and literary men should work without hope of liberal reward. The biogra phies and autobiographies of many distin guished authors tell sad stories of suffering and despair. Great literary efforts have been undertaken and accomplished under circum stances calculated to discourage the bravest heart. The incitement has been the hope of compensation sufficient at least to provide food for a suffering stomach and clothing for a sickly body. The biographer and critic, however, seem to begrudge the pittance

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requisite for those necessary purposes, evi dently believing that the poet should sing and the author write in reliance upon the inspiration of genius, and in entire indiffer ence to the comforts or amenities of life. This idea may have originated in that early age when the minstrel trudged from door to door dependent upon the bounty of his audi tors, but, from the more reasonable stand point of modern times, it is unworthy the contemplation of the most sentimental dreamer. If we turn to the legal profession, we find that its members, in the time of the Roman Republic, were interdicted by the Cincian law from demanding a fee for ser vices rendered. The design seems to have been to keep the profession above the mere level of a mercenary calling. The reception by the lawyer of money from his client has always been attended in England by formal regulations; from which the inference may be drawn that the lawyer is supposed to work from an enthusiastic love of his profes sion, and with the expectation of only mod erate recompense. We assert that this view or principle, if it may be so called, is founded on a misconception of real rectitude of motive and intention. The principle of political economy that good pay assures good work is exemplified in the professions, as well as in other callings or employments. Greed is not to be commended, but the desire to accumulate is as justifiable in the profes sional man as in the merchant or mechanic. The imperative need of providing for a suf fering wife and dependent children, or the desire to lay away something for future exi gencies and demands, is as pure an incentive as ever stirred the pompous Roman, whose orations have come down to us as the mas terpieces of his age. To illustrate the subject let us consider an episode in the life of Cicero. Milo was tried on a charge of mur dering Clodius. The popular excitement was so intense as to alarm all thoughtful citizens. Clodius had been the idol of the rabble, who, when the intelligence of his death was received, were incited by the Clo