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The Green Bag.

a vigorous body. It was his boast that up to his seventieth birthday he had never had a serious sickness, nor a headache, toothache or backache in his life. It was quite natural, therefore, that he should be in great demand by the political managers in different parts of the country. And he responded to these demands in no uncertain manner. It is prob ably true that during his time his voice had been heard by more people in the United States than any other living man. He took an active part in thirteen presidential elec tions. But Mr. Doolittle was more than a speaker to popular audiences. He was a student and a thinker. He wielded a trenchant pen. His lecture on "The United States of America in the Light of Prophecy as Well as History," shows him to have been capable of careful and painstaking research. And whether we consider it from the viewpoint of history or •theology, it alike reflects credit upon the scholarship, the literary ability and judicial fairness of its author. Mr. Doolittle has written on other subjects, social, political and economical. Some of these have been pre served in pamphlet form. He spoke before the Illinois State Bar Association in 1893 on "The Liberty of Pursuit as Affected by Com binations of Either Labor or Capital." In this address, Mr. Doolittle defines liberty of pursuit as "the essence of human liberty." He says it is one of the inalienable rights, to secure which it has become necessary to have governments among men. He also thought that "the liberty of pursuit by associated labor or by associated capital must be regu lated by law." He advocated compulsory arbitration of unlawful conflicts between labor and capital, and deemed it wisest for the pres ervation of the public peace. The address is brief but thoughtful. Mr. Doolittle's connection with the actual practice of the law in the courts after his term of office in the Congress had expired was not very pronounced. He was a wise

and safe counsellor in many important cases. And in this line of work he excelled. And it seems that in several cases he was able to impress members of the bar with his great ability before the courts. His forensic abil ity, was, of course, unquestioned. But the fact that he was compelled to withdraw from the active duties of his profession when he became a member of the national legislature, at a period of his life, too, when the actual practice would have been most valuable to him, served, we cannot help feeling, to make of our subject not as great a lawyer as it was possible to make, but did give to this country a truly great statesman, a good man, and a thorough Christian gentleman. In the argument which Mr. Doolittle made before the United States District Court at St. Louis a few years ago, he made the fol lowing just observations in making refer ence to the functions of a judge. "But in the discharge of that high duty, I maintain, from the experience and history of judicial decisions in all the civilized world, that the true office of a great judge, in construing a doubtful statute made in derogation of the common law, is, like Mansfield, to lean to ward the common law. The highest duty which rests upon the bench, in the midst of doubtful statutes and conflicting decisions, as well as the no less important but humbler duty which rests upon the jury, in ascertain ing the facts, is, to follow the higher in stincts of our nature, to heed that voice within which says: 'Do justice. Let not a doubtful statute entangle the innocent in its meshes. Cut your way directly through doubts and technicalities, and unless the law clearly forbids it, go where conscience and duty lead you to do justice to the parties.' ' Mr. Doolittle's changes in political life have been sharply commented upon and criti cised. There are those who charged him with want of stability and certainty in politi cal views. Others, less charitable, have ques tioned his honesty in this direction and have