who constructed it, who fashioned, formed and beautified it, came from the guilds and workshops of Tyre.

Others may propound the philosophy of liberty. It is for the lawyers to formulate the jurisprudence of free government. The one is theory; the other is fact. The one is principle; the other is practice. The one declares the rights of man; the other defines the rights of the individual and shows how those rights may be asserted, or defended. The one may draught a declaration of independence; the other frames a constitution and a system of laws.

The lawyer has been the subject of many gibes, not always without reason, perhaps, for he is very human, but one thing. can be set down to his eternal honor. It has never been said that he has endeavored to influence legislation to the aggrandizement of his own profession, or to the detriment of others. With all the power which from the very nature of things is in the hands of the lawyers with regard to legislation, it has never been charged that when it came to proposing and passing laws they have not acted up to the obligations of patriotism, looking to the interests of society.

If popular government is not to perish from the earth, it must be on account of the intelligence of the people; their self-control; their respect for the opinions of others, and their ability by discussion to develop the true basis of determination and action; and under a system like this it is hard to over-estimate the influence of the culture of the bar; that training in the knowledge of law as applied to the needs of society; that give and take of daily argument which beats in upon the most pragmatic and dogmatic disposition the conviction that the opinions of others are, sometimes at least, worth as much as, or more than our own; that education in discussion with a view to reaching the basis of decision; that training in accepting decisions and abiding by them, whether they be for, or against, us. All these things make for ability in self-government.

The legal profession owes to the community and to the State a peculiar obligation in regard to the enforcement of laws. You know what the law is in a way that others cannot. You bring up the judges in your ranks like apprentices. as it

were. You know them beforehand. You are acquainted, as others cannot be, with their ability and integrity, or the lack thereof, and, if there is such a thing as judicial delinquency, you have first knowledge of it. You can see, as others cannot, when and where and why the laws are not enforced. You cannot ignore or escape the responsibility imposed by this knowledge. You should set your face like flint against the nullification of laws. It is elementary and axiomatic that a law of the State is just as binding upon the minority that opposed it as upon the majority that favored it and caused it to be passed. Under our system of government, the will of the majority must be supreme, not only in the passage of laws, but in the enforcement thereof. You should make it your abiding aim and purpose to see that all laws are enforced; to inculcate a respect for and obedience to law, without which the very existence of law is a farce and free government a failure.

But, gentlemen, I fear I presume and trespass upon your good nature. I take advantage of the permission to welcome you to deliver a disquisition on your duty to the State, an obligation as old as the profession, and one of which perhaps you do not need to be reminded.

Again I bid you welcome to this city. In the name of its officers, in the name of its citizens, in the name of its local Bar, in the name of the fairest women to be found on the face of the earth, I bid you welcome to our city; welcome to all its privileges, all its pleasures, and all its hospitalities.

The President: On behalf of the Association, I thank Chancellor Heiskell for the address of welcome and the service which he has rendered us. I am going to take the liberty of calling on Judge John W. Judd, of Gallatin, Tenn., to reply.

Judge John W. Judd: Mr. President and gentlemen of the Association, I am able to speak from knowledge what I say, that it was on account of the obligations of the legal profession to society, so beautifully outlined by Judge Heiskell, that led to the organization of this Association thirty-five years. ago.

I do not know whether there is another member of the Association within the sound of my voice except myself who

was a charter member of the Association, unless it be Col. Acklin, or Mr. James H. Malone. Judge Cooper, one of the Chancellors of this State, framed the charter, and a few of the Bar of Nashville and round about, probably a baker's dozen or so, got together and conferred with Judge Cooper, and impressed, as he was, with the necessity of co-operation upon the part of the Bar of Tennessee in reference to the performance of those duties and obligations which necessarily we assume by the very act of entering the profession, we were led up to the necessity, as we conceived, of the formation of a State Bar Association.

The original charter has unfortunately been lost or mislaid, probably partly by my fault. I had it some years ago when I was at the Bar at Nashville and before I became Agricola, in Sumner County, and I turned it over to the then secretary, Mr. Lusk, who says he sent it to his successor at Knoxville, and in some way it has gotten mislaid and we have never been able to find it.

It has been suggested to me by our honored President that I make a brief statement to the Association as to the formation and early history of our Association.

As I said, in the early part of 1881, the charter was gotten out from the State, and a few of us-none more so than John Ruhm, who took the deepest interest in it-handed around to the different members of the Bar a petition, and enough of them signed it to satisfy the purposes, and our first meeting was at Bon Aqua Springs in, I think, the month of July. There Judge Cooper was the President. As it is known to you, gentlemen, our constitution provides that no person can be president more than one term of this Association. That was done in order to popularize the great office which our President now holds and to make it possible that every lawyer in the State should reach that honorable position of presiding over his brother lawyers in this Association.

At the meeting at Bon Aqua, Judge B. M. Estes, of Memphis, was elected President, and the next meeting was held also at Bon Aqua Springs, in the year 1882. There Andrew Allison, of Nashville, subsequently Chancellor of that division, was elected President, and the meeting was held at Nashville

the following year. The next meeting was held at Chattanooga. It was at that meeting that Xenophon Wheeler was elected President of the Association, if I am not mistaken. The next meeting, the fifth meeting, was held in Memphis, where the greatest distinction in my professional life, gentlemen, if you will allow a personal allusion, was conferred upon me by the Association by electing me President of the Association, and I thus became its fifth President.

From that on, gentlemen, although ten years out of the State when I was sent West to learn the habits and customs of my Mormon friends-however, I do not want it understood that I participated in those habits and customs-my great interest in this Association has continued unabated. I was out of the State, but more than once I wandered all the way back from Utah to attend the State Bar Association-notably the one held in Nashville in 1897, and from that on, after I moved back from the West and settled, I have been an attendant as regularly as I could under the conditions, and have missed very few meetings.

Gentlemen, I was so deeply impressed with what Chancellor Heiskell said about the obligations and duties which rest upon lawyers, upon us as members of the profession of the law, that I am now able to say to the members of this Association that, when we formed the Association and in its early history, I do not pretend to say before this Association that I at that time had that high appreciation of it that its opportunities, its purposes and its possibilities required. Later in life, as years have crept on and as responsibilities have been placed upon me from time to time as a judge, as an advocate and otherwise, I have more fully sensed the responsibilities.

If, gentlemen, liberty, which means government by law, is to be observed in this land of ours, the lawyers are the men who will do it, and to say that says much.

I want to say in that connection that for a long time after our Association was formed, we labored under great difficulties. It was with hesitation that we made recommendations to the Legislature at all, for we were turned down with the then claptrap, "Why, that comes from the lawyers." But still we persisted. We persisted, and finally it is so to-day

that a measure that has the approbation of this Association carries the profoundest respect of the Legislature of the State of Tennessee and of the courts, and not only that, but of the people.

A layman said to me in Nashville, on my way down here, where I stopped a short while-a friend of mine asked me where I was going, and I told him. He said: "Judge Judd, I do not think you lawyers understand the elevating and moralizing effect that your Association is having upon the people of the State of Tennessee, and even upon your own profession." He says: "I have watched its growth and the growth of its influence with a great deal of pleasure and satisfaction." I merely mention that to show you, gentlemen, what struggles we had to go through with. It took us years and years and years to get the Legislature to listen to us at all upon the subject of enacting a law providing proper rules and regulations for the admission of attorneys to the Bar of the State. My brother, Malone, was with me, and my brother, Metcalf, was with me, and others, and we went before the Legislature time and again, and finally in 1901 I was appointed chairman of that committee, and together with the committee framed the law and went before the Legislature with it, and, if I have my dates correct, it passed the Senate and failed in the House for the want of a constitutional majority. That was great encouragement to us.

In 1903 we went back to the Legislature with the same law, and the Legislature passed it, and that is the law to-day under which this State is making its lawyers.

Now, gentlemen, when the report upon the subject of legal education and admission to the Bar shall come before this body for discussion, being myself a member of the committee, having been appointed by the President, I shall ask the Association to hear me relate some facts which I think ought to be brought to your attention upon that subject, and I shall not anticipate it now.

Permit me, gentlemen, a personal allusion. Of course, I am not now in active practice, as all of you know. I live in a quiet way upon my farm in Sumner County, except when Vanderbilt University is in session, and I have four lectures