Page:The Green Bag (1889–1914), Volume 07.pdf/597

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The Green Bag.

of honor. It is native talent, reliability, perseverance, and an indomitable will that bring him to high places. A contest con tinually goes on, especially in this country, between an academic and self-education — the education that comes from without and the education that comes from within.1 Over-education has a tendency to dissipate, scatter the strength of intellect, and the much cultivated youth, although holding high rank in the scale of proficiency and amount of knowledge, is liable on entering his professional life to continue to lean rather than to lead, and so take a secondary place in the struggle for distinction. On the other hand, the independent youth with out external advantages, brought up in the school of stern necessities, whose life is a continued contest with difficulties, such an one, from the habit of self-reliance, becomes more competent to direct others, and to wear more easily offices of trust and re sponsibility.2 It is remarkable how many of our distinguished men have been selfeducated, or at least without college educa tion. Franklin was a philosopher, Lincoln a statesman, Patrick Henry an orator, but not by the grace of classical education. In this field of wholesome competition between the well-taught and the self-taught; be tween advantages on the one side and en ergy on the other; between early develop ment under assistance, and slow maturity under difficulties — a condition that need not be regretted — it is easy to perceive from which school Judge Walton was graduated. It is obvious, too, that such an education has been useful, because it was simple, limited, practicable, acceptable, and adapted to his wants, and brought home to his particular case by subdivision and selection, or, to use the words of Sir Arthur Helps, " by working in a 1 Bigelow, Limits of Education. 2 Lord Jeffrey, in his review of Franklin's Works (Edin burgh Review, 1806), makes the following remarks: "Regular education, we think, is unfavorable to vigor or originality of understanding."

well-worn groove." He has ever devoted himself entirely to the business of his office, nor suffered his time and attention to be distracted by other pursuits. Then add to all these things that he is industrious, firm, prompt, frank, self-possessed, and not given to wasting his dignity by an over-refined delicacy that often weakens and seldom adds to the usefulness of a judge. When Judge Walton went upon the bench, . admission to the Bar could be obtained by the production of a certificate of good moral character from the municipal officers, and the payment of twenty dollars into the county treasury. This was a great change from the previous conditions that required not less than three years' study with some reputable attorney and counselor, followed by a rigid examination. It was of this change that Judge Cutting spoke, when in Simmons v. Jacobs, 52 Maine, 156, he said with his inimitable sarcasm: "We do not impeach the omnipotence of the Legis lature for creating attorneys, as the world was created out of nothing." A loose state of practice then prevailed among some at torneys thus admitted to the Bar, and it is not strange that to the orderly and method ical young judge it proved to be irksome and unbearable. He began at once to rem edy the situation. It was not an easy or agreeable task, but in the end he succeeded by the use of suggestions, advice and ad monition. His own promptness naturally led him to prefer ready lawyers, and those of resource who followed his suggestions. Says one of them after nearly thirty years' experience: "He is at once the best judge for young lawyers, who pay him the defer ence he deserves, and the most patient to show them and tell them, direct the issue and keep them in line, that I ever saw; while those that are opinionated, pert, and think they must evade his questions and not observe his advice, have found difficulty in practicing before him." To know the Judge at his best requires