Literature and the Law. Constitutional Debates and the writings of such profound thinkers as Jefferson and Hamilton and Jay. In fact, the well-equipped lawyer must have a thorough knowledge of history and literature and that general cul ture which springs from a liberal education. And thus we must look to the book-pub lishers and the booksellers for the proper tools of our profession. Then again, the lawyer is frequently asked for advice in a matter which has some bear ing on literature. He is called upon to in terpret or construe a clause in the statute relating to copyright, or he may have to decide one of those nice questions which are constantly arising in the sale of sub scription books, such as what constitutes a sale and when does title pass. A knowledge of literature may not be essential to enable a lawyer to properly defend the interests of his clients in the class of cases I have cited, and yet, is it not natural to suppose that the author and publisher and bookseller would prefer to retain as counsel the literary man who has an appreciative knowledge of books combined with legal attainments rather than one who is only "learned in the law," but with his finer instincts undeveloped? May we not hope that the day will come when the title "attorney and counsellor-at-law" shall be recognized as the equivalent of an educated and cultured gentleman? If, therefore, literature and the law can be brought into closer relations, each will be strengthened by mutual cooperation. But I would not have you understand for a mo ment that I think that literature should be put under the domination of the law. Litera ture, except that which is positively obscene, should be wholly untrammeled. We boast of a free press and yet we have " in our midst," if you will allow the expression, a man clothed with a little authority who pre sumes to act as public censor. St. Anthony of old was tempted by beauteous visions from which he endeavored to flee away. But our modern St. Anthony is always yearning to
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be tempted and anxious to find some pretext for earning his salary. If he should confine his attention to the cheap and nasty libid inous publications which are exposed for sale and endeavor to suppress those periodi cals which are a disgrace to any community, all decent citizens would wish him godspeed. But instead, he seems to take special delight in persecuting the respectable members of the publishing trade and in seeking to pro cure their arrest and confiscation of their books. He has objected to the sale of such classics as Boccaccio, Balzac and Rabelais. He has sought to interdict the works of Rousseau and even of the " good gray poet," Walt Whitman. Could ignorance or preju dice go further? And yet he is still unhappy. For the law has been successfully invoked for the protection of literature and the courts have decided against the holy Anthony in almost every instance. Even the "Triumph of Death" has compassed his defeat. So, gentlemen of the Booksellers' League, I say to you in the words uttered by the Great Gustavus Adolphus, on the eve of the Battle of Lutzen, "Fear not, thou little band." The enemy who is continually going up and down seeking whom he may devour, can annoy but he cannot defeat you, with law on your side. To many the law is too prosaic a subject to inspire poets or authors. But the two great monuments of our literature, the Bible and Shakspeare, contain many allusions to law and lawyers, some of them, to be sure, of a not very complimentary nature. The Merchant of Venice is a dramatized law case, with Portia as the successful pleader for the man she loved. Many lawyers have reached distinction in the literary world, such as the late Irving Browne whose brilliant talents and graceful pen charmed and de lighted all. Other members of the profes sion have also attained such high rank in literature that they have been remembered only in that field of work. Literature is also indebted to the law for
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