never be, and I don't think I could ever be, and you may never be, and if the heart is not in it, you had better stay here for a man cannot be where his heart is not also."

He then said: "I don't know. I have always felt that way too, but the last time I was in New York, I had to stay about six weeks. The place had theretofore seemed intolerable to me, but I came to like it, Steve. There is something about it I cannot explain. It seemed to grip me." The dread disease of which he died had even then touched him a warning blow. He had a cold. I said, as we parted company, "You must be careful, Tom, such things are dangerous." In his lighthearted way, he said: "Oh! that's nothing. I'll be all right in a day or two." When I heard of him again, he was dangerously ill.

He was never called upon to decide the issue.

Mr. Dovell had made an intense study of the political history of the world, more especially of the theory and history of our own government. His faith in constitutional government as the only safe compromise between the unrestraints of democracy and the license of kings was so fixed in his mind that he had no toleration for those suggestions that would lead us away from fixed principles, and substitute for the fundamental law as it is defined in our constitutions, the changing moods of the plebicite. He believed that the purpose of our fathers to do the very thing they did do was done for the great good of all men, and was sustained by the wisdom of the ages; that the first concern of government should be to protect the rights of minorities and to do so, majorities must, if the equality of justice in government is to be maintained, submit to some voluntary restraint; that the Constitution should be maintained as originally intended, a declaration or bill of rights with such limitations upon the powers of the co-ordinate branches of the government, as would tend to preservation of those rights, and in no event should it assume the character of a legislative document, a vice with which all constitutions, especially those adopted within recent years, are more or less tinctured. Above all, he believed that a constitution once adopted should not be changed, altered, amended, or ignored, to serve expediency or the demands of temporary majorities. That changes should come only by way of a popular vote upon the particular question involved, and never indirectly. Having these views, it was but natural that he should resent the drift of modern tendencies toward a freer democracy as an intrusion upon government under a fixed order of restraint, and a substitution of a system that would have no period of repose or security from the passions of the hour except from election to election. He was, therefore, a consistent and an able adversary of the initiative and referendum, the recall, and the other theories of legislation and government which have recently been adopted.

To use his own words, uttered upon an occasion similar to this:

* The greatest concept of our law,

* the most

sacred monument of our system is the right of the individual man. Society may organize, and a complexity of conditions make that society interminable in its parts. Slowly the privileges of man-yes, the liberty of the man gives way as the structure encroaches, and enlarges to accomodate what is believed to be the new requirements of this great society. But let us never doubt that however grand that structure, or with whatever magnificence it be designed, it will with a relentless certainty fall and crumble to the earth unless it have for its very keystone the right of the individual."

Mr. Dovell believed in political parties. He was wedded to the ideas of Washington and Jefferson, that political parties are essential to the balance of political institutions, and so believing, he looked upon the direct primary as destructive of party spirit, and hence destructive of party. He believed that no party can exist without party spirit. He saw in the direct primary an invitation to the demagogue, the place hunter and political freebooter to work out his own selfish ambitions by pursuing the fortunes of the party that seemed to be in power for the time being.

It must not be understood that Mr. Dovell was hidebound, or to use the more popular term, reactionary in his political views. On the contrary, he was extremely liberal. He was by nature democratic; a republican in heart and a believer in liberty.

He maintained in all his discussions "that temperate spirit of policy, which consults the dignity of government while it supports the liberty of the subject." The issue with him was one of method. For abuses that inevitably creep into all governments and which, if not corrected, undermine any system, he would have insisted upon a recurrence to fundamental principles, and a strict adherence to the original plan-to cut out the sore, rather than to attempt to heal it by an untried salve.

But let him speak:

"Comprehensive wisdom and unfaltering courage are qualities still rare enough amongst the servants of this republic to require that we should deeply feel the loss of one who possessed those qualities in such a high degree. Observe a government erected upon the highest ideals, nurtured in its infancy by the purest patriotism and builded by high statesmanship into what we have fondly believed to be the grandest institution in the history of civilization, and it imperilled now when it should be at the very height of its security and strength. An unconscionable and greedy wealth has been permitted to plunder and corrupt, while commercialism enshrouded patriotism; a sudden awakening of the people and their inconsiderate rush toward an extreme which threatens our very institutions-a determined disposition to trample upon established principles and subvert the entire scheme of government in a frenzy, to right these wrongs which any day might be corrected by the application of long appointed rules, and which will inevitably give way to greater evils as those rules are departed from; men of real pith and puissance, too often lacking, to guide our affairs. Those who realize that republican government is yet but an experiment on the earth, and that it has not yet been demonstrated that tyranny and misrule are not possible under such a form of government as ours may well be apprehensive of the future.

At such an hour as this, we can ill afford to lose a man of the breed of him of whom I speak; a man who had the wisdom to see the truth and the courage all undeterred to do the right as he observed it."

In a word, his idea was that the faults in our government are in men and not in the system; that systems will not cure men of their faults, but rather that systems will be without fault if men cure themselves of fault.

In politics, Mr. Dovell was a Republican, and although active in the practice of his profession, he always found time to attend to his political duties and to do service upon the hustings. He abhorred politics and politicians in the baser sense of the term, but glorified the active participation of every citizen in the affairs of the state and nation. That form of politics and that kind of a politician he believed in.

So far as I know, he had no political ambitions. He never sought office. He was highminded and open in voicing his convictions, and for this reason alone, the views of this scholarly gentleman are worthy of recordation; to be pondered over by every sincere student of government.

Mr. Dovell's talents being always in demand, it may be said of him that he made money. But he had no love for money, and was unselfish in the use of it. He contributed freely to charities, and helped many a friend. He died without riches. It may truthfully be said of him that he gave away a fortune. His ambition was to be a lawyer. In that he succeeded.

In the address he delivered before this Association two years ago, when estimating the character of his friend, Hon. C. C. Gose, he spoke, as it seems to me, the thought that controlled his own life. He said:

"If ambition means the heedless pushing on for place and power, the laying waste of powers in the getting and the spending, the submerging of the natural impulses and the primal emotions in a great lust for worldly things, he was not ambitious. But if success is measured by the power to keep undiminished through life's span the purer ideals, to be "true to the kindred points of Heaven and Home," to die without an enemy and leave among his friends a void which none can fill, he was successful."

In these simple words, I have endeavored to paint the portrait of our friend and brother. I have endeavored to avoid all suggestion of flattery, or to cover what may be lacking by resort to metaphor or other arts employed by the more finished orator. It is a difficult task to speak of the dead. To glorify and idealize is easy, but with me the question remains: Would it please our friend could he see and hear? I know that he despised flattery. I would therefore walk with him and speak of him as if he were with us, and not attempt to follow him, stepping from cloud to cloud.

Tom Dovell was cut down in the prime of his life-a life of great usefulness, and of greater promise. He had his faults, but he had

no vices. No thought or word or deed of his brought hurt or harm to others. As he said of his friend Whitson: "His virtues were those of the natural unspoiled man. His faults the same."

He was a true gentleman.

"A man that's clean inside and outside; who neither looks up to the rich, nor down on the poor; who can lose without squealing; who can win without bragging; considerate to women, children and old people; who is too brave to lie; too generous to cheat, and too sensible to loaf; who takes his share of the world's good and lets other people have theirs-this is the ideal conception of a true gentleman." Let us then remember our departed friend as a fine upstanding man. True to the high principles that moved his being. An ornament to his profession and a true friend to the state which he so dearly loved.

His life in this world was pure. He walked in the sunlight of virtue. His life in the hereafter can be no less.