Address in Praise of Founders

"Plea for Law School Made by H.O. M'Inerney at Encaenia" The Daily Gleaner (18 May 1928): 12.

I do not know just why I should be selected to praise the Founders of this University. Despite the evidence of age, which is about all you can see of me, I really did not know them at all well; but then, such evidence is not always conclusive. In the days of prohibition, there were two individuals summoned before a police magistrate in a nearby city, one a Jew and the other a Scot, though how the Scot got there is strange indeed; (these Parthians, Medes and Elamites, dwellers in Judea and Mesopotamia, shortly after their arrival in this country, become Kellys and Murphys). Well, in any case, the Scot did get there. The Judge said to the police constable who made the arrest: "What evidence have you that these men were intoxicated?" "Your Honor," came the reply, "I saw this Scot throwing his money away, and the Jew picking it up and giving it back to him!" Now, I assure you, this is not a class room story. This is absolutely the first time it has been told; though, if the lecturer on evidence is here, I have no doubt it will not be the last. He will be telling it to the children of some of you.

The traditions of the University must be treated with the utmost respect. It appears to be a tradition of this University that a member of the Faculty should be selected to deliver the Address in Praise of the Founders. It seems to be equally a tradition that the speaker should at least mention the Founders, sometimes in opening, sometimes in closing, rarely both, and never more.

I hesitate to depart from this tradition, and yet one feels that on this 100th anniversary of the surrender of the original charter, and the granting of the Royal Charter, incorporating King's College; and a century, except for a few months, having passed since the opening of the College under its new name, one might be excused for remarking that these men of old build well.

Reflect Credit

Not to recall the names and accomplishments of graduates who can no longer answer the request of their Alma Mater to foregather here, and take note of the remarkable advance that has taken place since their student days; nor even to recall all the names in the long list of those whose success reflects credit on their University, but only to glance at this assemblage, and to consider the eminence to which so many here to-day have attained, would be such praise as would warm the hearts of the Founders.

Were he permitted a glimpse at this scene, Sir Howard Douglas, the first Chancellor, through whose foresight and zeal of one hundred years ago, the real foundations of the University were laid, might well observe that his idea of a University here, is in a fair way of realization.

Hopes Are Realized

Dr. Brydone-Jack, who for forty-five years, beginning in 1840, presided over the destinies of the College, which during his presidency, was raised to the dignity of a University, would find his hope for the establishment of faculties of law, medicine, engineering, agriculture and navigation almost fulfilled. He would see the law and engineering faculties actually functioning and a forestry school substituted for a school of navigation. He would see State agricultural instruction going on, though not in connection with the University.

He would, doubtless, recognize the present practical difficulties in the way of setting up a faculty of medicine, though that too many come some day--but, he would rejoice to see the success of the engineering and forestry faculties. The prospect of a fine new building to house schools of forestry and more advanced mineralogy, both so important to the progress of this province, would delight his soul and that of the other founders, who labored indefatigably, and who denied themselves comforts and promotions, that their dreams and visions might some day come true.

Word for Law Faculty

Following the lead of those whose privilege it has been, in former years, to deliver the Address in Praise of the Founders, and like the man from California, who at an interment in the Middle West, took advantage of a custom of eulogizing the deceased to say just a word about California, I want to speak briefly for the law faculty, for, on second thought, I am actually acquainted with the founders of this faculty.

As most of you know, there had been a law faculty in Saint John, the King's College Law School, for some thirty-one years, when in the year 1923, King's College at Windsor, became a College of Dalhousie University. Dalhousie having a law faculty, te Senate of this University at a meeting in Saint John, at which I, as a lecturer in King's Law School and member of a committee for the purpose, was permitted to be present, determined to take over the Law School as a faculty of the University. It was particularly appropriate that our adoption should have been effect by the successor of King's College in this province. Indeed, the Law School should have been brought forth by this University. May I mention here that the student connection with this institution of its most distinguished benefactor, Lord Beaverbrook, comes through the law faculty, His Lordship having been enrolled as as student in the Law School November 10th, 1897, as follows: "William Maxwell Aitken. Date of birth, May 25, 1879. Place of birth, Toronto, Ont. Father's name and occupation, William Aitken, clergyman. Qualified to be an undergraduate admitted at Fredericton (which would mean that he had passed the examinations required by the Barristers' Society for admission as a student at law); Barrister with whom entered, L. J. Tweedie and John Montgomery." What marvellous success has this law student of thirty-one years ago attained! He is not yet quite forty-nine years of age, and in addition to the high estate to which he has been called, he is said to be one of the most powerful factors in England.

May I also mention that the following year, 1898, shows the enrollment of the present Premier and Attorney-General of New Brunswick, the Hon. John B. M. Baxter, K. C.

Present Organization

When the chair of law was established five years ago, I had the honor of being selected to fill it. Notwithstanding the season, I am not angling nor practising the despicable art of my notorious brother in the law, Uriah Heep, when I say that thad the Senate been as sensible of my limitations as I am, there might have been another selection. But since that time, I have done my best in assisting the law students, and I hope that I have not altogether failed. Representing the faculty of law to-day, I desire to than the Chancellor for the honor done it by his invitation to be represented in this capacity.

Reference to the Senate reminds one of a recent decision of the Supreme Court of Canada of particular interest to the women members of the University. A class mate of mine succeeded in obtaining a decision of the New Brunswick Supreme Court that she was a person who should be admitted to the bar, and though the peace and security of the Senate may not be as yet open to some of you, those who plan to study law can be confident that when they are qualified, even the office of Chief Justice of that same Supreme Court of Canada will be open to them. Then they may reach what the great Chief Justice John Marshall, of the Supreme Court of the United States, who laid the broad foundations for interpretation of that most strangely and wonderfully made thing, the Constitution of the United States, once declared to be the acme of judicial distinction, namely, "the ability to look a lawyer straight in the eyes for two hours, and not hear a damned word he says."

At the same time, I would not encourage too many women to enter into the study of law in this province. A few might achieve considerable success as solicitors, but remember, and this is not said to discourage those who have already begun the law course, that we are a conservative people in this province by the sea.

Value of Law School

This brings me to my real objective. A few words will suffice to express hat is in my mind, namely, that just as New Brunswickers who desire an arts course, or an engineering, or a forestry course can be amply equipped in their own province, and should, barring special considerations, pursue their studies here; so our prospective law students will find that their own Law School can fit them for the practice of law, more especially if it is to be carried on in New Brunswick. Three years here, followed, if means permit, by a year, say at Oxford University, will quite sufficiently prepare any intellectual young man or woman for the competent practice of law. I do not suggest, however, that it will promise a competency. That is a goal which very few of our lawyers attain, but to a reasonable number, the old and noble profession of the law, affords the promise of a pleasurable, yet an exacting, existence. There is no calling that demands of him or her who would be successful, more constant study than the law. Whilst it opens the way to many avenues of opportunity, not more than any other avocation, does it point to a Royal Road. The youth who enters upon its study must be ready for some years of patient and studious waiting. And then, perhaps, the chance for a "masterful and touching" appeal to a jury on behalf of some poor creature indicted for murder may, probably will never, come. In this day, there is little that is spectacular in the practice of law. For the most part, it means labor in an office, with no one looking on but the sea-lawyer friends of the client, who drawing on their fund of superior knowledge, spare no pains to point out that the client is being badly advised.

There have always been, however, and there are and will continue to be, those who are confident that there bent is towards the law. To them, I would say that the sombre picture I have presented is but a one side view of every state of life. The law, like the others, has its compensating advantages, and I would not for one moment attempt to stifle the ambition of any young person to enter it.

Appeal to Arts Men

I do appeal, however, to those of the arts faculty, who contemplate the study of law, to consider your own law faculty before looking further afield.  Excellent opportunity to complete the first year's study is afforded concurrently with the arts course. We of the law school feel that we should be receiving a greater number of the University's arts graduates, than we have been permitted to instruct in the past. Of the students who have come to us since 1923, from university or college arts faculties such as McGill, Acadia, St. Francis Xavier, Mount Allison, King's and Saint Joseph's, only 17 per cent, came from the arts faculty of this University.

If this University is to fulfill the destiny which its founders hoped for, all the faculties must be encouraged, and the advanced faculties including the law school, have a right to expect their encouragement largely from the students of the arts faculties.

Looking backward through a century, one happily observes that the exertions of the founders have been justified, and their aspirations fairly realized. What another century may promise the admirable structure that has arisen on their foundations, is, to a great extent, dependent upon the efforts which their successors continue to make that the youth of this province be served as changing conditions demand. May God grant us all, and our successors, the ability and the strength necessary for this noble purpose.