« JULIEN i: DAVIES 'Jhe 7ribute to 9fis 'Mmoiy « (^armii 2Iam Bti^oni SItbratg Cornell University Library KF 368.D25A915 Julien T. Davies :the tribute to his mem 3 1924 018 850 374 A Cornell University '9 Library The original of tliis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31 92401 8850374 JULIEN T. DA VIES The Tribide To His Memory JILIEN T. DAVIES JULIEN T. DAVIES The Tribute To His Memory Harper &f Brothers Publishers New York and London MCMXXII JULIEN T. DAVIBS Copyrisht, 1922, by Joseph S. Auerbach Printed in tlie United States of America H-w CONTENTS PAQB Pkefacb The Memorial with Pbefatokt Note 1 The Reviews 29 The Letters (printed according to the date of their re- ceipt) from: 33 FaneuU S. Weisse 35 H. Rieman Duval 35 Alfred E. Marling 36 J. Sanford Barnes 37 Edwin Thome 38 Adrian H. Larlcin 38 Thomas Williams 39 Frank L. Hall 40 F. S. Landstreet 40 Stewart Shillito 41 Jos. F. Shaw 41 Wm. W. Beaton 42 Bradish E. Johnson 43 W. E. Truesdale 45 W. S. SuUivan 45 F. C. Richardson 46 Louis Stern 46 Dr. Brandreth Symonds 47 Walter C. Wyckoff 47 E. Eobart Porier 49 W. B. Roulstone 50 William D. Guthrie 51 CONTENTS PAGB Ira H. Brainerd 51 Rafael R. Gavin 62 Martin Conhoy S5 Henry James 55 Theo. G. Smith 56 J. Noble Hayes 57 Wm. B. Dean 57 The Hon. Charles A. Peabody 58 The Hon. Abram I. Elkus 59 Judge Cuthbert W. Pound 60 Henry L. Bogert 60 Judge William J. Kelly 62 Edwin P. Shattuck 63 The Hon. Robert L. Luce 63 Laurence Arnold Tanzer 61 R. S. LoveU 65 HubeH T. Parson 65 C. H. Tyler 66 Charles Doxies Tainter 66 John R. Hall 67 The Hon. William Wallace, Jr 68 Judge A. C. Tompkins 68 Frederick R. Coudert 69 John G. Shedd 69 A. Heckscher 70 Judge L. A. Giegerich 71 Judge A. H. F. Seeger 71 Wm. A. Hutclieson 72 William Frederick Dix 74 The Hon. De Lancey Nicoll 75 C. D. Hoagland 76 Harold R. Medina 76 Frank Tilford 77 Judge Edwin L. Garvin 78 John R. Hazel 79 CONTENTS PAQB Ernest Wm. Bell 79 Kenneth M. Sills 80 Dr. E. L. Keyes 80 William B. Clarke 81 John Larkin 82 W. A. Pennington 84 John H. Storer 84 Calvert Brewer 84 Wm. A. Tucker 86 The Hon. John W. Davis 86 The Hon. George Sutherland 87 Frederic J. Fuller 89 The Presiding Bishop and Council Protestant Epis- copal Church 89 The Hon. A. T. Clearwater 90 Arthur Tumhdl 91 Orson D. Munn 91 J. W. BuchruT 92 L. P. Hale 93 The Hon. Geo. Gordon Battle 94 Wm. B. Boulton 94 Dr. Wm. Evelyn Porter 95 The Hon. W. M. K. Olcott 96 Robt. W. Bonynge 96 Francis S. Hutchins 96 George Zabriskie 97 Wm. P. Dixon 98 The Hon, Isaac Franklin Russell 99 Helen Davies Lanpher 100 Bishop William T. Manning 101 /. J. Stevenson 101 District Attorney Charles R. Weeks 102 Eugene P. Locke lOS The Rev. James E. Freeman 103 Judge William S. Andrews 106 CONTENTS PAGE Judge David F. Manning 106 Clifford W. Barnes 107 The Bon. Alton B. Parker 108 C. A. Richmond 108 Francis G. Cafey 109 Judge Edward R. Finch 110 WUlis 0. Robh 110 Bishop William Lawrence Ill The Hon. Charles E. Hughes 112 Alice R. Allan i 113 Frederick L. Allen 113 The Hon. Edward E. McCall 115 Judge Isaac N. Mills 116 Judge H. Putnam 116 Martha Swift-Hollister 117 The Rev. W. N. Wehbe 118 Henry M. Earle 118 Marion C. Bourne 119 Francis R. Appleton, Jr 119 Chief Judge Frank H. Hiscock 120 John Grier Hibben 123 August Belmont 123 The Rev. Charles Lewis Slattery 124 Nicholas Murray Butler 126 Edward Shaughnessy .127 Albert B. Boardman 129 Vice-Chancellor Eugene Stevenson 132 J. A. Badenoch 134 H. B. Hollins 134 Josiah Marvel 135 The Rev. William 0. Thayer 136 Dr. Henry van Dyke 137 Earle W. Evans 139 Alexander S. Lyman 139 The Hon. Bainbridge Colby 140 CONTENTS PAGE John C. Tomlinson 141 Marshall S. Brown 142 William E. Waters 143 Geo. W. Davison 144 W. E. Halm 146 Wm. Barclay Parsons 146 Arthur N. Taylor 146 Paul Tuckerman 149 Chas. Thaddev^ Terry 149 Sherman L. Whipple 150 Mrs. Wm. S. Andrews 150 Archibald L. Bouton 152 Albert D. Ayres 153 Wm. N. Dykman 154 The Rev. Alexander Mann 154 Edmund L. Baylies 155 Frederick E. Wadhams 155 The Hon. John Hall Kelly 156 J. V. B. Thayer 157 HerbeH I. Foster 168 Dr. Geo. David Stewart 158 The Hon. Wade H. Ellis 159 Churchill H. Cutting 162 Mrs. Wm. M. Wood 163 Howard E. Rider 163 John B. Pine 164 Judge Chester B. McLaughlin 166 Emil Pensel 167 The Hon. L. B. B. Colt 167 Solicitor-General James M. Beck 168 Henry A. Whiting 169 Everett P. Wheeler 172 W. deF. Haynes 173 F. J. Richmond 174 Judge G. 0. B. Hasbrouck 176 CONTENTS PAQE Mrs. Frederic H. Hatch 176 G. W. Bacon 177 Frederic H. Hatch 178 Robert S. Sloan 178 W. W. Richards 179 Judge Henry Wade Rogers 180 James Speyer 181 F. L. Hine 181 H. K. Knapp 182 John R. Abney 18S The Rev. J. W. Weyman 184 James Duane Livingston 185 The Hon. Walter C. Noyes 184 John D. Lyons 186 Stuyvesant Fish 186 WiUard Parker Butler 187 The Rev. Percy Stickney Grant 189 Judge Benjamin N. Cardozo 191 The Hon. H. A. Gildersleeve 192 F. Stallforth 195 Wm. S. Pettit 196 Clarence H. Kelsey 197 R. Fulton Cutting 199 Arthur D. Weelees 199 The Hon. Moorfield Storey 200 Joseph H. Choate, Jr 202 John G. Milbum 203 Presiding Judge John Proctor Clarice 206 Charles F. Choate, Jr 208 Patrick Francis Murphy 209 Wm. M. Wood 210 The Hon. Almet F. Jenks 211 PREFACE Shortly after the death of my father, his devoted friend and partner, Mr. Auer- bach, wrote for the Year Book of the Association of the Bar of the City of New York, a tribute to his memory, under the title of JULIEN T. DA VIES Memorial of a Leader of the Bar. This Memorial — together with the quick- ening Introductory Note of Governor Na- than L. Miller — ^printed in a little volume and distributed by his partners among my father's family and friends, has evoked so many inspiriting responses appreciative, both of my father and of the beauty of the tribute paid to his memory, that I feel no more fitting or adequate expression of his character and qualities could be given than to combine the Memorial and the letters written to its author. PREFACE With Mr. Auerbach's permission, I have, therefore, caused to be printed his Memo- rial and the letters which follow it, in order that those who knew and loved my father may know and enjoy, as companions of their own thoughts, the thoughts and esti- mates of others. To Mr. Auerbach I have, at other times, endeavored, quite inadequately, to express my heartfelt gratitude for his touching and beautiful miniature of my father. To the writers of the letters which follow, this affords me the opportunity of asking them to accept this collective tribute to my father, with my own thanks and deep appreciation for the help and comfort they have brought to me in days of sorrow. Aware of my own lack of qualifications to record an estimate of the many quali- ties of Mr. Auerbach's touching and dis- criminating Memorial, I have selected and added to the volume two reviews con- taining words of appreciation from those whose praise the Memorial so truly deserves. PREFACE I feel, however, that this foreword would be incomplete if I failed to include this letter from my father's intimate friend and partner, Mr. Hotchkiss, to Mr. Auer- bach, as expressive of the feelings of myself and family and the members of the firm, of which it was my father's privilege and pride to be so long the senior member: Your Memorial of Mr. Davies has given me the feeling that, without a labored attempt to produce a so-called 'Portrait,' you have unconsciously pic- tured him just as he would like to be remembered. This has been accomplished largely by the pecu- liarly fitting style and by the literary shading, so that the composite shows, in high relief, the legal and manly attributes with the softening shadows of those private and intimate characteristics which always contributed to his charm. The rest of us are, and his family must be, in- debted to you for recording so gracefully, and yet with such precision, those thoughts which we all have had, but which none of us could so clearly express. I doubt if in the records of the Bar Association there be any more fitting characterization of its great men or one more fully depicting the person- ality of a friend. Ethel Davies Thacher. March, 1922. PREFATORY NOTE By The Honorable Nathan L. Miller, Governor of the State of New York JULIEN TAPPAN DAVIES was a citizen of the biggest type; a typical representative of the American Bar; a successful lawyer who loved his profession for the opportunity which it gave him to develop the truth and establish justice; a loyal friend; a genial companion. He left behind him the aflfection and good will of all who knew him. I know of no one better able to speak of him, his work and high ideals than the author of the following Memorial. And my sincere hope is that the preser- vation of the Memorial ia this attractive little volume may serve as a worthy precedent for like tributes to the mem- ory of other distinguished members of our profession. Nathan L. Miller. Executive Chamber, Albany. N. Y.. April S7, 1921. JULIEN T. DAVIES Memorial of a Leader of the Bar By JOSEPH S. AUERBACH JULIEN T. DA VIES > Memorial of a Leader of the Bar WHEN asked to prepare a Me- morial of Julien T. Davies, I at first thought that our peculiarly intimate association as partners and friends for more than a quarter of a century might cause me to write of him too markedly under the promptings of sentiment, and that, therefore, another selection would be preferable. Nevertheless, conference with friends, and the reflection that not merely activities in Court and office are to be recounted of a Leader of the Bar who drops out of the procession of life, have persuaded me that our comradeship need not interfere with preparation of a tribute fitting to his professional eminence, respon- sive cit izenship and exemplary character. ' As printed in The Forum and The Year Book of the Bar Aatodation of the City of New York for 1921 . 1 JULIEN T. DAVIES In Mr. Davies, Judge Henry E. Davies reared a son who was to add distinction to the name of the father. And by reason of the precept and example of that father — whose memory to him always was a great possession — of his own intellectual equipment and the ennobling traditions of our profession, Mr. Davies united in him- self those rare qualities which made him the fearless advocate and the trusted as well as resourceful adviser. Along with an almost clairvoyant insight into com- plicated questions of law and fact for elucidation of the truth, he had not alone an ardent sense of fidelity to the client, but of honorable obligation to the Court, of which he never failed to remember it was his privilege to be the candid officer. Never did nobleman appraise more jeal- ously the proverbial responsibilities of rank, than did Mr. Davies the compelling ideals of his high calling. To be in doubt as to the propriety of a course of conduct was to be resolved against it; and his whole life was a rebuke of the shallow A MEMORIAL cynicism that the law is what is boldly- asserted and plausibly maintained. That such devotion to his profession was with him a chief article of faith, no better illustration can be given than by a quota- tion from his address before the Bar Association of the City of New York on the fiftieth anniversary of its existence. On that memorable occasion he was one of the few surviving founders of the Asso- ciation. And though ex-Senator Root and John Proctor Clarke, the Presiding Justice of our Appellate Division, were the other speakers, the address of Mr. Da vies did not suffer by comparison with what they so acceptably said. It is difficult to conceive what could be taken from or added to this eulogy without detracting from its dignity and fitness. In dwelling upon the work of this Association during the past fifty years in maintaining the honor and dignity of the profession of the law, naturally there arises before us some mental conception of the characteristics of that honor and dignity. Whether one contemplates a lawyer's life and work 3 JULIEN T. DAVIES from the standpoint of over fifty years' experience or a few months' trial, each member of our profes- sion must feel that he has been set apart from the mass of his fellows for a peculiar and distinct career that demands adherence to the highest standard of conduct. It is not essential to claim by comparison any superiority in usefulness or distinction of lawyers in general over those who have chosen other spheres of activities. Fifty or a hundred years ago, such a claim might have been put forth with greater force than now. The greatly increased productivity of the world, due to inven- tions and use of machinery and vastly greater facilities of communication and transportation, has led to such distributed possession of wealth and to such ease in its acquisition, that the brain- worker, who, if he is to be actually a lawyer, and not a broker in legal business, must pursue thought for thought's sake, and cannot accumulate largely, and in a community where the power of money is held as most desirable and admirable, must necessarily yield in importance. It is enough for us to claim that the peculiar features of our calling give to it all the honor and dignity that human nature requires for complete satisfaction. First and foremost among those characteristics is the attitude of sympathetic helpfulness that the counselor must assume towards him who applies for aid, who is never allowed to depart without receiving some thought that will assist in the dis- position of the problem presented. Then comes the intellectual pleasure of the search for truth, 4 A MEMORIAL for the true solution of the difficulty in the light of reason and precedent, and the glow of satisfaction with which a conclusion is reached, that satisfies the searcher and that can be defended with the strength of him who is thrice armed "who has his quarrel just." Who can be indifferent to the charm of exercising one's persuasive and convincing powers, be they ample or limited, before court or jury, or, as more frequently occurs, upon client, associate or oppo- nent, in the give and take of consultation? Always as a sworn officer of the Court, always, whether in argument, trial of a cause or consultation, engaged as part of the machinery for the administration of justice, always engaged in the furtherance of com- position of differences and the avoidance of private warfare, always acting as a helper and a healer, what more honorable and dignified course of life can be pursued than that to which we have for- tunately devoted ourselves? In recognition of all this, was this Association formed, has it for fifty years pursued its useful career, and God willing, may it be continued by our successors for the years to come. From the day almost of his majority and admission to the Bar he was a familiar figure in the Court room, before courts of original jurisdiction and Appellate tri- bunals, where, not only by profound JULIEN T. DAVIES knowledge of legal principles and mastery of the facts, but by a general culture, he was enabled to present the finished as well as lucid argument. Nor should such an attainment be lightly passed over, for no one can justly claim that in respect of literary quality, the oral argument of counsel to-day is, as a rule, on a level with that of the advocates who were Mr. Davies' contemporaries. While he never indulged himself in rhetorical, per- fervid utterance, he was truly eloquent in the phrase of vigor, and precision. Under- standing full well that the language of formal argument is not wholly approjwiate for colloquial interchange of views, he understood, also, that slovenly speech was to be abhorred always, and that one who persisted in a cheap expression in or out of court was likely to voice only cheap thoughts. More than once he and I have discussed the well-nigh scandalous conse- quences of the prevailing slotiifulness in these respects. The laudator temporis adi or the panegyrist of aetas parentum is prone A MEMORIAL to unduly eulogistic estimate of the past. Yet concerning the ungrateful disregard we exhibit for our priceless inheritance of the English language, there is little likeli- hood of any statement approaching to ex- aggeration. And we of the Bar, if quite candid with ourselves, must admit that the ambitious address of many a trained lawyer to-day often seems to strive for rivalry and invite suggestive comparison with the jargon and slang of the street corner. Not infrequently we are called upon to listen to the remark, for which no slight justification exists, that Judges have become intolerant of oral arguments — so infelicitously often does the lawyer acquit himself. "When, however, the force- ful, scholarly presentation is heard, the Court can be relied upon to welcome the novel experience, as a substantial aid in promoting a right determination of the cause and the preparation of the convinc- ing opinion. Our universities boast of the many things they are teaching and JULIEN T. DAVIES of the superiority of the present-day university curriculum to that of the col- lege of former years. Yet iu the essential matter of training the undergraduate for disciplined expression they are lamentably deficient. Although none knows better than the lawyer that form is of the sub- stance of things — to the extent of deter- mining even the constitutionality of stat- utory enactment — ^he, at times, gives little or no adequate heed to its influential effect upon the written or oral argument. It was an equal pleasure to hear Mr. Davies in or out of Court, with his grace- ful, unostentatious speech made possible by a generous vocabulary. For decla- mation was not less foreign to his nature than that which is popularly character- ized as special pleading. Yet he never permitted himself to believe that a cause, however worthy, would necessarily argue itself or his hearer to conclude that engag- ing conversation was a lost art. In pro- fessional work he was not influenced, much less controlled, by promptings of A MEMORIAL vanity as to his personal achievement. He did not aim to feature himself as the accomplished advocate, being willing to sink his individuality ia the cause he was urging; and, accordingly, victory for the client rather than applause for himself was the end sought for and so frequently gained. It is unnecessary to enumerate all the important cases in which Mr. Davies was engaged before the Courts of this State or the Federal Courts, or to speak in detail of his other professional activ- ities. A few illustrations will suflSce. In the early years of his practice he was required to give much of his time to the searching of titles to real estate. He was a pioneer, however, in recognizing that such work could be more acceptably done by corporations created to guar- antee, as well as to search titles, and he accordingly participated in the organiza- tion of the Title Guarantee & Trust Com- pany, of which he became, and continued until his death, to be a prominent Director. JULIEN T. DAVIES His notable work in matters of taxa- tion attracted attention at the beginning of his career, and he was the author of an authoritative book on the subject. He conducted also many important liti- gations in this field, involving particu- larly taxation of the shares of National Banks; and one of the leading cases argued by him in the United States Su- preme Court — Hills V. Exchange Bank— established the right of stockholders to deduct indebtedness from the assessed value of their shares. He was Counsel in important cases in the United States Supreme Court involv- ing the subject of insurance, among which are: Mutual Life Insurance Co. v. Cohen, 179 U. S. Phinney v. Mutual Life Insurance Co., 178 U. S. Other well-known cases which he argued in the Supreme Court of the United States, and in other Courts of Appeal, are: 10 A MEMORIAL Rogers v. New York & Texas Land Co., 134 N. Y. Matter of New York & Long Island Bridge Co., 148 N. Y. Havana Central Railroad v. Knicker- bocker Trust Co., 198 N. Y. Knickerbocker Trust Co. v. Evans, 188 Fed. Brushaber v. Union Pacific R. R. Co., 240 U. S. Upon the failure of the firm of Grant & Ward, in 1884, of which ex-President Grant was one of the chief victims, he was appointed Receiver of its assets, a position which he held, and a trust which he discharged with signal credit. It will be seen from this brief reference to his professional life that Mr. Davies was a general practitioner, in the old and honored sense of the term. His identi- fication with the vast number of suits for damages against the Manhattan Rail- way Company by owners of property abutting on the streets, which its ele- 11 JULIEN T. DAVIES vated structures occupy, should, how- ever, be specially referred to. To carry on this exacting litigation he created a special law department, of which he was the active head; and as an illus- tration of the volume of the work, it should be added that for a long period the calendar of our Supreme Court of original jurisdiction was congested with these cases, and more than two thousand of them were tried at Special and Trial Terms, and nearly one thousand Appeals were argued. The quality of the work, too, was on a par with its volume; and it is quite safe to say that but for his brilliant efforts in restricting the amounts recovered against the Company, its control would have passed permanently from its owners into the hands of judgment creditors. He obtained a decision from the Court of Appeals upholding the contention of the Company, that benefits to abutting prop- erty should be considered in the estima- tion of consequential damages. In 12 A MEMORIAL another case, the correctness of the insist- ence by the Company to a prescriptive right to maintain its structures in the streets, after twenty years of unchal- lenged and adverse possession, was finally established. In still another case, the judgment of the Court below, denying the claim of the abutting owner to an absolute injunction against a third track upon the elevated structure, was affirmed, although it had been held that the Com- missioners who authorized and approved of the third track had acted in excess of their powers. Again, he succeeded in sustaining, against the formidable objec- tions of dissenting stockholders, the valid- ity of the so-called Tripartite Agreement which had made possible the organiza- tion and continued existence of the Com- pany. Nor should reference to his identifica- tion with the resumption of business by the Knickerbocker Trust Company of New York be omitted, for the circum- stance was not only of vital consequence 13 JULIEN T. DAVIES to the community, but in a real sense to the country generally. In 1907, the Knickerbocker Trust Com- pany, with scores of millions of deposits, had failed and a national financial panic, which the suspension precipitated or mate- rially contributed to, ensued. It was assumed by the public that the suspension would go the way of similar suspensions, and that the Receivers would distribute what remained of the assets to depositors and stockholders. A Committee on Re- sumption, however, was formed by prom- inent directors and other persons in the community, and Mr. Davies, whose firm had been Counsel to the Company, was selected as its chief adviser. Very largely by reason of his indomitable patience which partook of genius, his tact and untiring and creative energy, resumption of business by the Company was brought about, to be followed by consolidation with the Columbia Trust Company — the new company being styled the Columbia- Knickerbocker Trust Company and after- 14 A MEMORIAL wards the Columbia Trust Company. There had been no instance in the history of financial institutions where a like failure was not followed by a perfunctory liqui- dation of the embarrassed company. Though I have spoken of Mr. Davies' courage, its unique quality may well be emphasized; for it was not only courage in the practice of his profession but in his daily walk of life. He and fear kept no company. And it can be as truly said of Mr. Davies as it was said of Mr. Choate by Mr. Root in his illuminating Memorial Address before the Bar Association of the City of New York: "He was wholly free of any impediment of timidity. This quality did not impress one as being the kind of courage which overcomes fear, but, rather, a courage which excluded fear. With him, no such emotion as fear seemed to exist." Once in a case of more than ordinary importance, wherein our firm represented the defendant corporation against which a mortgage lien was being foreclosed by 15 JULIEN T. DAVIES one of the prominent trust companies of this city, a well-known business man had been agreed upon as Receiver of the prop- erty by the respective parties. A dis- turbing rumor made Counsel solicitous lest an equally well-known politician of not altogether savory record be appointed by the Court. It was determined, there- fore, to discontinue the action and thus avoid the possibility of any such calamity. Accordingly, Mr. Davies, in company with the Counsel for the Trust Company, asked of the Judge before whom the appli- cation came, as was clearly the right of the litigants, that an order of discontin- uance be signed forthwith. The Judge hesitated, almost to the extent of declin- ation, and his whole attitude was fairly substantial confirmation of the rumor. Mr. Davies pressed the point and — announcing an intention to remain until the application had been granted — ad- monished the Judge in solemn, unequiv- ocal language that further hesitation was not prudential. Whereupon, with no little 16 A MEMORIAL unseemly display of temper, the order was signed and flung rather than handed to Mr. Davies. He had, too, another kind of courage, such as few men have ever possessed — that imperturbable, stoic fortitude which rises superior to the grief which so often dries up the springs of endeavor and even hope. That spurious philosophy of La Rochefoucauld, which triumphs over past and future evils but which permits pres- ent evils to triumph over it, was no part of Mr. Davies' creed of life. Three of his children died in their youth, then Mrs. Davies, and later two grown sons, one a member of our firm and the other a banker, after the torture of long ilhiess, and last, a daughter very dear to him. Yet under such cumulative affliction he did not falter but found tranquilUty, and it may have been solace, in the stern summons of duty. And at the end there was but one child — a beloved daughter — ^to follow him to the grave. Surely life to Mr. Davies was in some respects a very grim business. 17 JULIEN T. DAVIES Tenacious in receiving recognition of what was due him — over-tenacious, per- haps, from the point of view of some modem-day loose thinking on the subject — ^he was reciprocal in this towards others. For no persons, however humble of posi- tion, needed to plead with him for their rights, since one of the joys of his life was to accord such recognition without any plea. Once an oflSce boy in the employ of our firm had been called to rather sum- mary account by Mr. Davies for some supposed neglect or misconduct. It trans- pired that the boy was not blameworthy and I mentioned the fact to Mr. Davies, who thereupon sent for him, and, on learn- ing the facts, not only apologized to the boy as to an equal, but criticized him because he had not on the first occasion insisted upon stating the facts. Of uni- form courtesy to persons in his own walk of life, Mr. Davies never neglected to extend to all about him the little amenities of life which so many of us are disposed to forget. He loved, of all things, to 18 A MEMORIAL award merited praise, and he would have been as willing to pick a pocket as to appropriate credit not belonging to him- self. Nor did he ever fail of thoughtful- ness to those who had ministered to his success or comfort; and to the employees of his office and of his household he made by Will generous bequests, varying with the terms of their service- No worthy appeal to which he was able to respond was ignored; and this gener- osity was of that higher quality which gives abundantly of one's self. For not a few well-known lawyers of to-day can attribute some of their repute at the Bar to the fact, that Mr. Davies not only pointed out to them in youth the prudent way, but in a true sense, through sympa- thetic, stimulating counsel, took them by the hand and went with them part of the journey. Moreover, his abounding charity was such, that in all my years of intimacy with him I never knew him wittingly to harbor an unkind thought or a petty grievance or to utter an ungracious word. 19 JULIEN T. DAVIES He had no more liking for professional altruism than for any other manifestation of pretense, nor did he crave a specious popularity gained so often at the sacrifice of one's self-respect. And though no one more than he loved the exhilaration of intercourse with friends, solitude for him was peopled by a goodly company of congenial thoughts. A man of sentiment, sentimentality was repellant to him. Spiritual in thought and often a dreamer of quickening dreams, he was practical always in the best sense; and none better than he realized that "while arrows are to be aimed at the stars, they can at the same time be shot in directions likely to transfix and bring down something for the urgent needs of earth." Accordingly he was able to say with Walt Whitman : I am afoot with my vision. A well-balanced man, he attained to a discriminating judgment as to men and things which often seemed unerring, and conference with him was a kind of inspira- 20 A MEMORIAL tion to his associates. Devoid of sym- pathy or even tolerance for new-fangled notions, with little or nothing but novelty to justify their currency, he was progres- sive in thought and deed, whilst holding fast always to the principles and institu- tions which had survived the discerning test of Time. Yet if I were asked to emphasize his most distinguishing trait of character it would be his unswerving love and passion for the Truth, with which he would tolerate no paltering and no com- promise. That with him was a religion. When past middle life Mr. Davies was warned that his impaired physical health due to over-work was such that he must, if he wished to prolong his days, take up some diversion which would compel him to be out of doors. Thereupon he became an expert shot and ardent fisherman; and thereafter we, now and then when in reprehensively facetious mood, ex- changed the view that in man's Consti- tution, too, there should be a Thirteenth Amendment. Unlike so many intellectual 21 JULIEN T. DAVIES men that yiteld to enslaving demands upon their requisite leisure, Mr. Davies drank deep of the miraculous Chalice proferred us by Nature, wherefrom we may, if we will, receive wisdom and strength and high resolve, with the saving grace of serenity and joy. And many were the hours of delight we passed profit- ably together as industrious idlers in wading a trout brook or on a salmon river, in the duck blind or with gun and dog in the field. He heeded well the sanity of the injunction : To mix his blood with sunshine and to take The winds into his pulses. According to his frequently voiced hope he continued always actively occupied with professional work, dying in the harness of routine, as Emerson expresses it; and to the last his mental powers and resource- fulness remained unimpaired, whether in the controversy of Court Room, in advice to client, or in consultation with associ- ates or opponents. Nor did the advanc- 22 A MEMORIAL ing years bring to him any of the grue- some thoughts catalogued in that unin- viting, spiritless poem of Matthew Arnold, Growing Old. On a professional errand in Boston, he was stricken down with pneumonia; and afterwards, when near to recovery, a clot of blood gathering at the knee — the recurrence of an old ail- ment — ^was released, and he died of embo- lism of the heart. It was at Phillips House — an Aimex of the Massachusetts General Hospital — overlooking the Charles River Embankment and almost out of doors with window raised and to the song of birds, that the end came in the fullness of his fruitful years. His burial, too, in more than one regard was with the benediction of what Henley calls a shining peace. Of all sports fishiag, perhaps, was most appealing to him; and he loved to carry about with him as his vade mecum a miniature copy of The Compleat Angler. One of his most cherished posses- sions, too, was an illustrated edition of this Wonder Book of river and stream and sky 23 JULIEN T. DAVIES and of the Gospel of Recreation, which our firm had presented to him on his birthday some years ago. It was with no Httle emo- tion, therefore, that one of our firm, who had gone in advance of others with the flower- car to the family cemetery at Fishkill, witnessed and recounted to me this: An old fellow of the vicinage, with fishing bas- ket — not the creel — on his arm, and a pole — not a rod — over his shoulder, and in typically homely attire, was, to all appear- ance, returning from some neighboring trout stream. After a significant pause he turned and preceded the hearse to the grave; and then with sympathetic mien and solemn step, he walked away. Per- haps it may be thought by some that this little journey of the old fisherman merely afforded him a short cut to his home, but I prefer rather to believe he was present there to wish a kindred spirit Good Luck upon the Long Journey! And when I asked of Dr. Slattery, the Rector of Grace Church — who had read the committal serv- ice and the all-embracing Gladstone prayer, a A MEMORIAL to accompaniment of the song of a wood thrush on a near-by tree — whether he did not agree with me that Mr. Davies, in some way, somewhere, must have known of this touching incident, he expressed himself as sure it was so. His life was one of unremitting energy — ^he would not wish me to say toil — and fine achievement, with many honors and not a little grievous sorrow. He con- tributed to the common weal from the day when, deserting his studies, he enlisted in the Civil War, to become one of the veterans of the Grand Army. Moreover, he manifested this virtue as I once said, in a Memorial Address, the late Bishop Henry C. Potter had manifested it — ^not only during emergencies when the vol- unteers are many, but likewise at ordinary times when it seems often necessary to draft even men of conscience and power into the public service. For though he neither filled nor sought to fill public ofiice, there was no cause which made for more salutary political or social con- 25 JULIEN T. DAVIES ditions that was not sure of Mr. Davies' cordial alliance and heartening co-opera- tion. Throughout his life he fought a good fight and kept the faith; and on the monument over his grave is to be the Requiem of Stevenson, which seems especially written for him, and which he loved so much in its exquisite, stirring Homer-music setting. Incapable intellectually of giving cre- dence to the forbidding orthodoxy of yesterday, he was reverently religious; and his abiding trust in an eternal right- eousness was disquieted neither by doubt nor by what must have seemed to him, at times, the untempered dispensations of Fate or Providence. He never per- mitted his sense of civic responsibility to be daunted by public apathy or error; with reassuring word and hand he lifted up many a man that had stumbled and was in sore need; of the cause of good government, under indictment by blatant or insidious demagogy, he was the inspirit- ing advocate; he added distinction to a 26 A MEMORIAL great profession; and after his work was over, and he was able to leave to that profession and the conununity and to those who loved him so much, the proud legacy of an unsullied name and an unimpeachable example of right thinking and right living, he laid down his life, as the Requiem of Stevenson says, with a wiU. 27 THE REVIEWS Of "The Memorial" Life said this: This little book should serve as a model for all biographical memorials. The author, who is a master of terse English, has within a space of only 26 pages given a perfect miniature literary portrait of a great lawyer and an equally great human being. And the North American Review this: The experienced in such matters know that the hardest man to write about is the admirable man. The biographical sketch of a mighty and gifted scoundrel is a golden opportunity for the literary man and a feast for his readers. Strong contrasts are the particolored raiment of readable biog- raphy and small eccentricities are its gems. The just man seldom gets his due. No one wrote a biography of Aristides, while the sins of Alcibiades are written in gold all over the history of Athens. The life of 29 THE REVIEWS Benvenuto Cellini will always be read for its entertainment and for its vivid revela- tions, and that of John Wilkes furnishes a biographer with many an effective oppor- tunity for laudation. And so Mr. Auerbach has undertaken an unusually diflScult task, for the subject of his sketch is an all-round admirable man, a great and good man, not showily con- spicuous, a man too like what most of us desire to be to permit of much praise without either affected eloquence or dull commonplace. Mr. Auerbach, however, has discharged his difficult task not only with spirit, but with singular success. He says simple things well. He limns with distinguished clearness plain ideals of intellect and honor; he makes us feel that the good man, the pillar of society, the salt of the earth, is simple in principle but complex in mind, and that his problems are none of the simplest. Successful goodness, honorable success, are organized achievements, not the easy outflowing of untempted minds or so THE REVIEWS happy dispositions; and every such ac- complishment ought to stand out like a pillar of cloud by day and a pillar of fire by night. Of Mr. Davies he says: "To be in doubt as to the propriety of a course of conduct was to be resolved against it; and his whole life was a rebuke to the shallow cynicism that the law is what is boldly asserted and plausibly maintained." It is an unobtrusively big saying, for the dry-rot in our lives is not so much rascality as cynicism and professional narrowness. And in a day in which lawyers are perhaps the least popular of expert and hard- working men, Mr. Auerbach, without at all writing pro domo, has truly represented the ideal of the good lawyer as approaching more nearly that of the "happy warrior" than is commonly deemed possible. The little memorial of Julien Davies will be preserved as a just and fitting estimate, and, like few such tributes, will sometimes be read for its literary — that is, its essen- tial — merit. 31 THE LETTERS 33 THE TRIBUTES TO HIS MEMORY From Faneuil S. Weisse, New York, N. Y. New Yobk, N. Y., August 11, 1921. My dear Mr. Auerbach: — I read your Memorial of Mr. Davies with much inter- est and regret. I have known all of his children and Mr. and Mrs. Davies were friends of my parents. Mr. Davies was a man whom we could ill aflFord to lose, from every standpoint. Thank you very much for sending me the little book. Sincerely yours, Faneuil S. "Weisse. From H. Rieman Duval, New York, N. Y. New York, August 17, 1921. Dear Sirs : — I thank you very, very much for the "Memorial to the Leader of the 35 THE TRIBUTES Bar," my late, dear friend, Mr. Julien T. Davies, with whom, as you know, I had been associated for many years. I appreciate and understand the tribute which the Memorial pays him, and I bear in mind the many pleasant things said about him, but particularly, a very com- plimentary remark which the Honorable J. Augustus Johnson made about him some years ago, in that he, Mr. Julien T. Davies, was the most influential lawyer in New York with the Courts. Thanking you again very much, I am. Yours sincerely, H. RiEMAN DuVAli. From Alfred E. Marling, New York, N. Y. New York, N. Y., August 17, 1921. Gentlemen: — ^This morning I am in re- ceipt, with your compliments, of the very attractive Memorial to your former Senior partner, Mr. Julien T. Davies. It was my privilege to know Mr. Davies for a number of years, and I had for him the very high- est regard. I shall read the Memorial with 36 TO HIS MEMORY deepest interest, as well as continue to cherish his memory. With renewed thanks, believe me. Faithfully yours, Alfred E. Marling. From J. Sanford Barnes, New York, N. Y. New Yobk, August 18, 1921. My dear Joe: — I appreciate very highly your having sent me your Memorial of Mr. Da vies. I read it as soon as it arrived yesterday. I was a great admirer of Mr. Davies for the many fine points of his char- acter and you in the little volume have touched on each one that I knew and of course on the great many more that you, through your intimate association with him, were so familiar with. He was a fine man. I imagine that even in the excitement of trying and winning a most important case, that there appeared the tender, gen- tle part of his make-up, I doubt if he could keep it under cover. Many thanks again for thinking of me. Yours faithfully, Sandy Barnes. S7 THE TRIBUTES From Edwin Thome, New York, N. Y. New York, August 18, 19S1. Gentlemen: — I am in receipt of the little volume containing a memorial sketch of Mr. Julien T. Davies, written by Mr. Joseph S. Auerbach of your firm, and I wish to express my particular appreciation of your thought in sending it to me. It has a double association for me in view of the fact that I had known Mr. Davies for a period of over twenty years, and his son, Julien, was one of my most intimate and esteemed friends. With renewed thanks, I am Yours very truly, Edwin Thorne. From Adrian H. Larkin, New York, N. Y. New Yokk, August 18, 19S1. My dear Auerbach : — It was indeed good of you to send me the print of your Memo- rial of Davies. I shall treasure this as I do his memory. He was an able, forcible and courageous man. Yours truly, Adrian H. Larkin. 38 TO HIS MEMORY From Thomas Williams, New York, N. Y. New York, August 19, 1921. Dear Mr. Auerbach: — I have read with much pleasure and appreciation your beau- tiful memorial to your late partner, Mr. Julien T, Davies. It was evidently a labor of love and no one could express more felicitously the admii-able traits of character possessed by Mr. Davies. As a fellow trustee of the Mutual Life Insurance Company, I can bear witness to his delightful companionship, and it was to him that all turned when it became necessary to prepare any important reso- lution or express an opinion on a real prob- lem. That he was a very busy man, we all know; and because he did all things well his talents were always in request — but it was a well-balanced life that you describe and we should all profit from the example of a man who facile princeps in his pro- fession always had time for the graces and sports of life. The old adage is a good one: THE TRIBUTES "Seven hours for work. For healthful slumber seven, Ten to the world allot. And all to Heaven." I congratulate and thank you for this charming tribute to the memory of Mr. Davies. Sincerely yours, Thos. Williams. From Frank L. Hall, New York, N. Y. New York, August 19, 1921. My deak Joe: — Thank you for sending me your Memorial of Julien. My thought, as I finished reading it, was "most ably done, a handsome tribute to an able, old and valued friend." Cordially yours, Feank L. Hall. From F. S. Landstreet, New York, N. Y. August 19, 1921. My dear Joe: — I find on my desk this morning your Memorial to Mr. Davies. While I do not fail to take into account its literary quality, yet knowing Mr. Davies 40 TO HIS MEMORY so well and your prolonged, intimate rela- tionship to him as partner and friend, it was the sentiment expressed and the general atmosphere of judicious admiration throughout the entire article that particu- larly commended themselves to me. I congratulate you. Yours sincerely, F. S. Landstreet. From Stewart Shillito, Cincinnati, Ohio. Cincinnati, Ohio, August 19, 1931. Dear Mr. Auerbach: — Your book of memorial was received this morning. It is a splendid memorial to the excellent work accomplished by Mr. Davies, and also, a fine tribute to the character of him. Thanking you for the copy and assuring you of the appreciation of same, I am, Yours truly, Stewart Shillito. From Jas. F. Shaw, New York, N. Y. New Yokk, N. Y., August 19, 1921. Gentlemen : — Thank you for your thoughtfulness in sending me a copy of 41 THE TRIBUTES your Memorial to Julien T. Davies. It is indeed a fitting tribute to your distin- guished associate and will, I am sure, serve to enhance the already high regard and esteem in which he has been held by all whose privilege it was to come in contact with him. Yours faithfully, Jas. F. Shaw. From Wm. W. Heaton, Mamaroneck, N. Y. Mamahoneck, N. Y., August SO, 1921. Dear Joe: — With profoundest sorrow at the recall of my great loss in the death of my long-time friend Julien, I was glad to receive your admirable eulogy of him, for you, of all his friends, knew him so well and loved him so devotedly. In the early 'eighties, in September, I was in a canoe fishing along the rocks oflF Socatean Stream, leading into Moosehead Lake, when the daily steamer up the lake drew in close to me and a handsome man, with clear and singing voice called — "Is that Mr. Heaton?" "Yes," I replied. "I 42 TO HIS MEMORY am Julien Davies, sent to you by Watson B. Dickeman and I am anxious to meet you." "This is the happy occasion, I hope. Won't you come and join me fishing and at lunch.?" We spent that day and many more later, with most excellent sport and good luck, fishing over that great inland sea, sur- rounded by its wondrous mountain peaks — and it has never been lessened in the forty years since — but increased in the comrade- ship of the Southside Club. I think he began to fish not "when he passed middle life," for he was a fly fisher- man in the 'seventies and rejoiced in the "contemplative man's recreation." Many thanks for your book and believe me, as always. Yours most cordially, Wm. W. Heaton. From Bradish E. Johnson, East Islip, L. I. East Islip, L. I., August SO, 1921. Deab Mb. Auerbach: — ^It was indeed thoughtful of you to have sent me a copy 43 THE TRIBUTES of the charming memorial of Mr. Davies, you, who, of all his friends and associates were best chosen to write. Although of a younger generation than Mr. Davies, it was my good fortune through an intimate association with his son Fred, one of whose groomsmen I was at the time of his wedding and some years later as a pallbearer at his funeral, to meet and know Mr. Davies in a thoroughly delightful way. Both Mrs. Johnson and myself always looked forward with keen pleasure to the delightful dinners we enjoyed at his hospitable house and also the not infrequent times I am glad to say, when he would come to us. Any one who had the pleasure of knowing Mr. Davies certainly, as I did, will always appreciate in having so true, and well- expressed an appreciation of him as you have so well written, and I wish to thank you very much indeed for having sent me a copy. Hoping to see you soon, I am Sincerely yours, Bbadish E. Johnson. 44 TO HIS MEMORY From W. H. Truesdale, New York, N. Y. New Yoke, N. Y., August 20, 1921. My dear Mr. Auerbach: — I have duly- received, with the comphments of your firm, Davies, Auerbach & Cornell, a copy of the booklet you have written in the form of a Memorial of Mr. Julien T. Davies. Please accept my thanks for your kind- ness in sending me a copy of your very admirable tribute to the memory of our late mutual friend. Yours very truly, W. H. Truesdale. From W. S. Sullivan, New York, N. Y. New York, N. Y., August 2S, 19S1. Dear Mr. Auerbach: — I am indebted to you for the pleasure I've had in reading the Memorial of Mr. Davies. It is a vivid and lifelike portrait of a very charming per- sonality. He was a man of such endearing qualities that he will be sorely missed by all who came in contact with him, and I personally feel grateful to you for having given us this record of his life. Yours truly, W. S. Sullivan. 45 THE TRIBUTES From F. C. Richardson, New York, N. Y. New York, N. Y., August Z3, 19S1. Dear Mr. Cornell: — ^The Memorial to Mr. Davies has just reached me and I am indeed gratified to have been included in its distribution. To those of us who knew him well the Memorial adds to our appreciation, while for those less fortunate the tender tribute of Mr. Auerbach will be helpful and enlightening. Sincerely yours, F. C. Richardson. From Louis Stern, New York, N. Y. New York, N. Y., August H, 19n. Dear Sirs: — I thank you for sending me a copy of the Memorial to your late col- league, Mr. Julien T. Davies, prepared by Mr. J. S. Auerbach. It is a worthy tribute to one of the most eminent and gentlemanly members of the Bar. Very truly yom"s, Louis Stern. 46 TO HIS MEMORY From Dr. Brandreth Symonds, New York, N. Y. New Yobk, August 21f, 1921. I thank you very much for the Eulogy on Mr. Davies. It is a splendid presenta- tion of the man as I knew him. It is without exaggeration and yet it glows with the clear light of truth. When he was present at our lunch table, he was always its life, with his fund of stories, his excellent memory, and his great interest in all affairs. This was so wide and catholic that it touched everything. His descriptions were so vivid that the entire incident was portrayed before our mind's eye to our great pleasure. Thanking you again heartily, I remain Sincerely yours, Brandreth Stmonds. From Walter C. Wyckoff, New York, N. Y. New York, August 25, 19S1. Dear Mr. Auerbach: — It was very kind of you to give me the Memorial of Mr. 47 THE TRIBUTES Davies, written by you. I appreciate it greatly. It is a splendid tribute to the memory of a remarkable man. There is not a word of undeserved praise in it. His many friends will appreciate your reference to his true friendship, love of truth and fearlessness, as well as his emi- nent services at the Bar. To have known him was a privilege; to have been regarded as his friend was an honor I shall always treasure. To me Mr. Davies was an inspiration. Many a time, after conferring with him at his office, I have left his room with the consciousness that I was a better man for having known him. He not only expected one's best, but he inspired one to do his best. As a courteous gentleman, loyal friend and wise adviser, I have never met his equal, all of which you have said and said so well that I cannot refrain from express- ing to you my very hearty appreciation. Most sincerely, Walter C. Wyckoff. 48 TO HIS MEMORY From H. Hobart Porter, New York, N. Y. New York, August S6, 1921. My dear Joe: — Your charmingly ex- pressed tribute to Julian T. Davies touched me deeply. He was a friend of my parents and I had known him all my life and feel that it was typical of his youthful spirit and outlook that, having known him and looked up to him with the respect due to a prominent and honored member of an older generation, I could later find in him a most attractive and sympathetic com- panion. I had the good fortune to act as technical adviser in a difficult and com- plicated lawsuit which he was directing and therefore had an opportunity, not gen- erally possible to one who was not a mem- ber of the Bar, of appreciating his very remarkable attainments. I was his companion on an extended shooting trip and the close association was one of the most delightful experiences of my life. Very truly yours, H. Hobart Porter. 49 THE TRIBUTES From W. B. Roulstone, New York, N. Y. New York, August 26, 1921. Deab Mb. Auerbach: — ^At 4 p.m. to-day, a Memorial of Mr. Davies was handed me while in conference with an old friend of yours. I could not resist the temptation to stop and glance it through. I am taking it home this afternoon to read on the train on the way to Islip, whither your great friend and partner went so many times on his way to Great River. I can think of no more suitable comment for me to make about him than to say that if I, a younger member of the Bar, am able hereafter to successfully emulate his splendid life at this Bar, I shall be satisfied that my life has been well and usefully spent and when the time comes shall feel content to lay my life down, as you have said, and as he did, with a will. Sincerely yours, W. B. Roulstone. 60 TO HIS MEMORY From William D. Guthrie, New York, N. Y. New Yobk, August S6, 1921. Deae Sirs: — I thank you for your thought- ful courtesy in sending me the attractive copy of Mr. Auerbach's eloquent and in- spiring Memorial of my very old friend Julien T. Da vies. I had already read it and enjoyed its admirable review of a really useful and distinguished career of a very talented man and a leader of our Bar. I first met Mr. Davies in 1880 and then saw much of him, and until his lamented death we were friends. I shall always cher- ish this Memorial. Very sincerely and cordially yours, William D. Guthrie. From Ira H. Brainerd, New York, N. Y. New York, August 26, 1921. Dear Mr. Auerbach: — I thank you and your firm for the bound Memorial of Mr. Davies, just received. I read it with much interest in the Bar Association Annual, and it is good to have it in this firm, per- 51 THE TRIBUTES manent form. It will go in my continua- tion of my father's collection of "Tributes to Lawyers" — some twenty -five bound volumes of addresses of similar sort. I last saw Mr. Davies at the 50th Bar Assn. Anniversary, and heard his admirable his- torical survey — before that I attended the last banquet of the old Mount Washington Collegiate Institute boys — ^Mr. Davies pre- siding, and beside him old Mr. Charles, then over 90 — and he was with us from Cocktails to Cigars. Faithfully yours, Ira H. Bbainerd. From Rafael R. Govin, New York, N. Y. New York, August S6, 19S1. My dear Mr. Auerbach: — ^The reading of your Memorial to Julien T. Davies prompts me to write you a few lines to also express my appreciation and affection. In writing this letter, I am expressing my sentiments, not only as a friend, but as a client who has received valued advice, and with the feeling that it will be difficult to 52 TO HIS MEMORY replace so wise a counsellor. His intellec- tual force and wonderful attainments, his natural integrity and his charming per- sonality are all brought back to me by your Memorial and somehow it does not seem fair to me that men of that type should only have the average span of life, no longer than that of the many undeserving. The general impression of the public that a lawyer's life means no actual contribu- tion to the world's advancement, merely a life spent as they believe in the midst of discussions and litigations, each endeavor- ing to take from the other a portion of what he has, fails to take into account the con- structive work of a few of the leaders of the Bar. As a client of many lawyers, I have found the public's estimation of the legal fraternity to have some basis in fact, but I have found a few, who above and beyond the realm of controversial success, have made two blades grow where one grew before. When Julien T. Davies undertook a case he brought to it that faculty of mind which sees immediately wherein lies improve- 53 THE TRIBUTES ment. He had the gift of not only protect- ing or establishing his clients' rights, but by his work benefiting the community in increasing the efficiency of his clients' busi- ness. Bankrupt properties which, under stress of ordinary legal controversy would finally disappear as business factors, leav- ing men out of employment and destroying the value of years of toil, took new life under the guidance of Mr. Davies and emerged stronger from the fray, equipped to continue a prosperous career for the benefit of the world. Julien T. Davies had, my dear Mr. Auerbach, that wonderful gift that made him not only a great lawyer in the estima- tion of the members of the Bar, but a con- structive lawyer in the estimation of the business members of the community. Scores of bankers and merchants of New York daily look upon the successful re- organization and re-establishment of many business ventures, brought back to life, as an enduring monument to the memory of Julien T. Davies. TO HIS MEMORY I am one of the many who miss him greatly as a friend and as an adviser and join in sorrow those who were closer to him and therefore more deeply feel his loss. Very sincerely yours, Rafael R. Govin. From Martin Covhoy, New York, N. Y. August S6, 19S1. My dear Mr. Auerbach: — I have re- ceived through the kindness of your firm the Memorial that you prepared of Mr. Julien T. Davies and beg to thank you for this permanent record of the life and ac- complishments of a great lawyer. Yours very truly, Martin Conboy. From Henry James, New York, N. Y. New Yohk, August S7th. Dear Mr. Auerbach: — I want to ac- knowledge your memorial of Mr. Davies, which I've just received and read with much interest and appreciation. I never knew Mr. Davies well, but saw him occa- 55 THE TRIBUTES sionally at Islip during the last few years, and during the year before his death began to meet him more often at the South Side Club. I had just begun to realize how wide was the ground on which one could enjoy his society and how much I liked him when I was shocked by the news of his death. Thank you for the little book. Yours sincerely, Henry James. From Theo. G. Smith, New York, N. Y. New York, N. Y., August 27, 1921. Dear Sirs: — I am pleased to have been remembered with a copy of the beautiful Memorial to Julien T. Davies, by Mr. Joseph S. Auerbach, member of your firm. It is a splendidly written testimonial of achievement and character and wiU keep alive in memory the wonderful bonds of affection that business associates weave around one another. I thank you. Sincerely yours, Theo. G. Smith. 56 TO HIS MEMORY From J. Noble Hayes, New York, N. Y. New York, 'N.Y., August S7,19S1. Gentlemen: — I thank you sincerely for the bound copy of Mr. Auerbach's beau- tiful and just Memorial of Julien T. Da vies. I shall always value it highly, as I did my friendship with Mr. Davies, whom I greatly esteemed and admired as a citizen and a lawyer. Faithfully yours, J. Noble Hayes. From Wm. B. Dean, St. Paul, Minn. St. Paul, Minn., August S8, 1921. My dear Mr. Auerbach: — I thank you most sincerely for sending me a copy of the fitting "Memorial" of my dear friend Mr. Davies. My acquaintance with Mr. Davies ex- tended thro' many years and was of the intimate comradeship born in tramping the Minnesota prairies together, with dog and gun; an intimacy we both delighted to renew whenever occasion offered. 57 THE TRIBUTES He was the soul of honor and it was a refreshing upUft to share his genial com- pany. With kind regards and again thanking you, Yours truly, Wm. B. Dean. From The Hon. Charles A. Peahody, Cold Spring Harbor, L. I. Cold Spring Harbor, L. I., August S8, 1921. Dear Mr. Auerbach: — I thank you very much for your sketch of our friend, Julien T. Davies, and I can gladly agree with all that you say. I knew him for more than forty years, and while it was not my good fortune, during the early years to meet him on intimate terms, it so happened that during the last fifteen years, I saw him frequently and intinaately, and with impor- tant interests in common. In kindliness of personal traits of dispo- sition you have well described him, and I need not say that his professional attain- ts TO HIS MEMORY ments were of the highest. I count myself among those who will always miss the association with one whose friendship I valued so highly. Yours faithfully, Charles A. Peabody. From The Hon. Ahram I. Elhus, Red Bank, N. J. Red Bank, N. J., August Z9, 1921. Dear Mr. Auerbach: — ^Thank you for sending me a copy of Mr. Davies' Memo- rial. I knew Mr. Davies for a long time, and in the later years of his life quite thoroughly because we were both in some litigation in which we were interested, and I became well acquainted with him. To know him as I did in this way, was to admire the fine qualities of his mind, his great abilities, and his resourcefulness. I heard him deliver the memorable ad- dress which he did at the Bar Association. Very sincerely yours, Abram I. Elkus. 59 THE TRIBUTES From Judge Cuthbert W. Pound, Lockport, N. Y. LocKPOHT, N. Y., August 29, 1921. My dear Mr. Auerbach: — I have read with pleasure your Memorial on Mr. Davies. With rare felicity of expression you have sketched the career of a great lawyer. In doing so you have forcibly brought to the attention of the Bar the evils of slovenly speech and disregard for the rights and feelings of others, and the virtues of cul- ture, courage and character. Your Memorial teaches legal ethics by example rather than precept. I wish that every law teacher and student and every young lawyer might read it. Very truly yours, Cuthbert W. Pound. From Henry L. Bogert, New York, N. Y. New York, August 29, 1921. Gentlemen: — Let me thank you for a copy of Mr. Auerbach's Memorial of our late friend and brother in the profession, 60 TO HIS MEMORY Julien T, Davies, for whom I entertained a high regard in common with so many of our professional brethren. My acquaintance with Mr. Davies ex- tended over a period beginning in the late 'seventies, and he was always the same cordial, courteous and inspiring friend and associate. Being graduates of the same college and members of the same fraternity explains a small portion of the friendly relation which existed for so many years, but the engaging and attractive qualities of Mr. Davies would have accounted for the largest portion of our friendship with- out these accessories. We first met at a meeting of Columbia alumni, and the musical tenor of Mr. Davies was a material addition to the chorus in which oiu" alma mater's songs were rendered, and the college glee club regretted that his voice was no longer avail- able for its strictly college functions. His attendance, however, at the alumni meet- ings insured the success of its musical entertainment. 61 THE TRIBUTES The foregoing is an insignificant addi- tion to what has been so well portrayed in the Memorial now before me, and I shall keep the volume where it may be a con- tinual reminder of an honorable and hon- ored friend and professional brother. Yours very truly, Henry L. Bogert. From Judge William J. Kelly, Brooklyn, N. Y. Brooklyn, N. Y., Aitgust 29, 1921. Dear Mr. Auerbach: — I received this morning a copy of your Memorial of Mr. Davies which I appreciate very much. It was my privilege to be a neighbor of both of you for some time in the years long ago, and to meet Mr. Davies very frequently in matters in which we were all interested. I remember his unfailing courtesy and sound practical judgment in legal matters. Your beautiful tribute recalls these pleas- ant memories and I thank you for sending it to me. Very sincerely, William J. Kelly. 62 TO HIS MEMORY From Edwin P. Shattuck, New York, N. Y. New Yokk, August 29, 1921. Deab Mr. Auerbach: — I was greatly pleased to receive to-day the bound volume containing your Memorial of Mr. Davies and I appreciate very much having been put on your list to receive it. You have spoken the heart of many of us who were fortunate enough to know Mr, Davies inti- mately. With kind regards and best wishes, I am, Faithfully yours, Edwin P. Shattuck. From The Hon. Robert L. Luce, New York, N. Y. New Yohk, N. Y., August 29, 1921. My dear Mr. Tuttle : — Please accept my thanks for the bound copy of Mr. Auer- bach's Memorial of the late Julien T. Davies. When I came to the City Mr. Davies was then one of the leaders of the Bar; his firm, one of the largest in the City. To the young man Mr. Davies was the embodi- es THE TRIBUTES ment of courtesy; his door was ever open to us. It was not as a lawyer, however, I best knew him, but as one of the truest and most loyal of Psi U's. No fraternity or club function was complete without him. Mr. Auerbach has placed the fraternity under a deep obligation by preparing the Memorial and thus preserving to future generations the record of Mr. Davies' char- acter, and particularly his loyalty to friends and principles. Mr. Davies was always an inspiration to the young and younger men of the fra- ternity, and especially to Most sincerely yom-s, Robert L. Luce. From Laurence Arnold Tanzer, New York, N. Y. New York, N. Y., August 29, 1921. My dear Mr. Auerbach: — I appreciate highly your thoughtf ulness in sending me a copy of your tribute to Mr. Davies. Like all who had the privilege of knowing him, 64 TO HIS MEMORY I held him in the very highest esteem and am glad, indeed, to have your fitting dis- course on such a subject. Thanking you and with kind regards, I am. Yours sincerely, Laurence Arnold Tanzer. From R. S. Lovett, New York, N. Y. New Yoek, N. Y., August S9, 1921. Dear Sirs: — Thank you very much for sending me Mr. Auerbach's Memorial of the late Julien T. Da vies. I greatly admired Mr. Davies and am glad to have this little booklet. Yours very truly, R,. S. Lovett. From Hubert T. Parson, New York, N. Y. New York, N. Y., August 29, 1921. Gentlemen: — I received the Memorial written by Joseph S. Auerbach on Julien T. Davies. I appreciate having a copy of this work, and from my personal association with Mr. 65 THE TRIBUTES Davies I can say amen to all that Mr. Auerbach has written. Yours truly, H. T. Parson. From C. H. Tyler, Boston, Mass. Boston, Mass., August 29, 19S1. My dear Mr. Auerbach: — I am greatly obliged to you for the copy of your Memorial of dear Mr. Davies and I shall take it home with me to-night and read it. He was the dearest of men and I look back to many happy, happy hours with him. Very truly yours, C. H. Tyler. From Charles Davies Tainter, White Plains, N. Y. White Plains, New York, August S9, 1921. Dear Sirs: — I wish to thank you for the book about my uncle, Mr. Davies. I shall prize it very highly, and think it a very nice tribute to a great personality. Yours very truly, Charles Davies Tainter. 66 TO HIS MEMORY From John R. Hall, New York, N. Y. New Yokk, N. Y., August 30, 19n. Dear Mr. Cornell: — I want to thank you very much for including me in the hst of names to whom your firm sent the Memorial to Mr. Julien T. Davies written by Mr. Auerbach. I have read it with great interest and profit. It seems to me that the character, the principles, in fact the whole lives, of men like Mr. Davies should be so fully recorded that no one need lack opportunity to gain the advantages which come from the happy association which well-written biog- raphy ofifers. Such works always have been and continue to be a great inspiration. I do hope that Mr. Auerbach, from the data and the rich stores of information that he possesses, may find it possible to expand the memorial into a biography. With kindest regards. Yours sincerely, John R. Hall. 67 THE TRIBUTES From The Hon. William Wallace, Jr., New York, N. Y. New York, N. Y., August 30, 1921. Dear Mr. Auerbach : — Just back from a seven weeks' cruise for health among those mountains (the Rockies) which Mr. Davies and I exploited years ago with rod and gun, I find your impressive Memorial of your partner and our common friend. Much that you record of him I already knew. All of it is in keeping with the gentle but strong nature we understood and loved. I write you rather than your firm be- cause an impersonal acknowledgment would hardly suffice. Sincerely, William Wallace, Jr. From Judge A. C. Tompkins, Nyack, N. Y. Ntack, N. Y., August SO, 1921. Gentlemen : — I thank you very much for the volume containing Mr. Auerbach's Memorial to Julien T. Davies. I shall read it with great pleasure and interest. I had 68 TO HIS MEMORY a very high regard for Mr. Davies and his character and ability. Very truly yours, A. C. Tompkins. From Frederick R. Coudert, New York, N. Y. New Yokk, N. Y., Augvst 31, 1921. My dear Mk. Auerbach: — Upon my re- ttu-n from Europe I was gratified to find a pleasant souvenir of your warm friend- ship in a memorial of our dear friend, Davies. You, perhaps more than any other man, had the capacity as well as the op- portunity to appreciate the lovable human man that he was. I am glad that you did this highest service, and, coming from your pen, it is worthy of a man whom I looked upon as one of my oldest and dearest friends. . . . Believe me, as always, Faithfully yours, Frederick R. Coudert. From John G. Shedd, Chicago, III. Chicago, III., August 31, 19S1. Gentlemen: — I have waited to read care- fully Mr. Auerbach's beautiful Memorial 69 THE TRIBUTES to your partner, Julien T. Davies, a man who has added such distinction to the profession. It seems to me no one can read this tribute without having a feeUng of confi- dence in the integrity of the judicial branch of our government and in those who have given their lives to the high ideals of their profession. Thanking you for favoring me with a copy of the Memorial, I am Very sincerely, John G. Shedd. From A. Heckscher, New York, N. Y . New Yoek, N. Y., August 31, 1921. Dear Mb. Atjerbach: — Many thanks for the attractive little volume which I shall take great pleasure in reading. Active as I have been more or less in this vicinity for the last fifty years, I have known much of Mr. Davies' work and have always admired his ability. Governor Miller is quite right: Those who have merited so well of their home city 70 TO HIS MEMORY and of the nation at large deserve to be better remembered, than as a rule they are. Sincerely yours, A. Heckscher. From Judge L. A. Giegerich,New Yorh,N. Y. New Yohk, N. Y., August SI, 1921. Gentlemen: — I want to thank you for your kindness in forwarding me a copy of the booklet entitled "Julien T. Davies, Memorial of a Leader of the Bar, by Joseph S. Auerbach," which I found most inter- esting and indeed a fit tribute to the memory of one of New York's most able lawyers. Very sincerely yours, L. A. Giegerich. From Judge A.H.F. Seeger, Newburgh, N. Y. Nbwbubqh, N. Y., August 31, 1921. Gentlemen: — Please accept my thanks for the copy of the beautiful Memorial to the late Julien T. Davies. It was always a pleasvire to meet Mr. Davies in the Courts. I had the pleasiu-e of hearing him argue a 71 THE TRIBUTES case in the Court of Appeals on my first visit to that Court many years ago and was very much interested in his argument. My case was reached while he was waiting for another case and he heard my argu- ment. At its close he approached me and congratulated me, although we were wholly unacquainted at the time. You can imag- ine how much encouragement this was for a young lawyer arguing his first case in the Court of Appeals. His courtesy made a great impression upon me at that time. Thanking you again, I remain. Very truly yours, A. H. F. Seeger. From Wm. A. Hutcheson, New York, N. Y. New York, N. Y., August 31, 1921. My deab Mr. Auerbach: — It was very good of you to send me a copy of "Memo- rial of a Leader of the Bar" prepared by you regarding the late Julien T. Davies. My acquaintance with Mr. Davies began nearly twenty years ago shortly after I came 72 TO HIS MEMORY to this Company. During a greater part of that time I saw him constantly in the oflSce; sometimes at our Trustees' meet- ings and almost daily at our lunch table. I had opportunity of seeing Mr. Davies therefore at close quarters and wish to congratulate you on the Memorial which you have prepared. Mr. Davies' connection with this Com- pany ran back somewhere about fifty years, and from the position of a young lawyer looking after its less important legal affairs, he soon rose to be one of its most important Trustees and advisers — ^posi- tions which he occupied until his death. It is easy to imagine the information which he gathered regarding the Company during that long period, and those who knew Mr. Davies can readily understand how gen- erously and delightfully he gave of his store of knowledge to those of us who had joined the Company more recently. Mr. Davies was widely known through- out the oflBce; those of us who had busi- ness dealings with him had opportunities 73 THE TRIBUTES of judging of his business sagacity and of seeing his invariable tact. Many others in the Company, however, simply knew him as the genial, kindly Trustee who was a part of the Company and who had a kind word for all. With kindest regards, believe me Very sincerely yours, Wm. a. Hutcheson. From William Frederick Dix, New York, N. Y. New York, N. Y., August 31, 1921. My dear Mr. Auerbach: — ^I have read with the greatest interest and appreciation your sympathetic and illuminating tribute to our much beloved trustee, Julien T. Davies, whose death was so mourned by us all. Your estimate of his character and personality was most discerning and just, the facts you give as to the activities of his long and useful life most interesting, and I want to congratulate you upon this labor of love to your former partner. 74, TO HIS MEMORY Mr. Davies endeared himself to all the officers of this Company. He lunched with us regularly and we all looked upon him as a warm and loyal friend and a witty and delightful companion. His services as a Trustee were distinguished and invaluable. Thank you very much for the Memorial. Sincerely yours, William Frederick Dix. From The Hon. De Lancey Nicoll, New York, N. Y. New York, N. Y., August 31. 1921. My dear Joe: — ^Your Memorial to Julien is a masterpiece worthy of him and of you. You knew him better than any of us, but I knew him well enough to recognize the noble and generous qualities which he had in such large measure and which you have portrayed so well in yoiu" little book. He was indeed a great lawyer, a devoted friend and a delightful associate, whom we shall miss every day until our time comes. Faithfully yours, De Lancey Nicoll. 75 THE TRIBUTES From C. D. Hoagland, New York, N. Y. New Yobk, N. Y., August SI. 1921. Gentlemen: — With great interest I read every word of the "Memorial of a Leader of the Bar" you so kindly sent me. It has created a lasting and beneficial impression. If we could but emulate the character of Julien T. Davies, the world would be greatly benefited. His creed of life should prove an inspira- tion for all. Very truly yours, C. D. Hoagland. From Harold R. Medina, New York, N. Y. New Yobk, N. Y., September 1, 1921. My deak Mr. Auerbach: — On returning from a short vacation I found awaiting me a copy of your Memorial of Mr. Davies which the firm so kindly sent me, I have read it several times with increasing in- terest. While it was only upon rather infrequent occasions that my work for your firm 76 TO HIS MEMORY brought me in touch with Mr. Davies dur- ing the many years that I was in the office, he was always an inspiration to me and represented an ideal to which I could and indeed to which I still do thoughtfully refer when questions of professional conduct present themselves to me. I believe I can remember almost every word he has spoken in my presence, many of which were words of kindness and encouragement, which though at the time entirely unan- ticipated, were all the more gratefully received. You will accordingly realize how sin- cerely thankful I am to you for having placed in my possession so perfect an appreciation of Mr. Davies. I shall indeed treasure it. Very sincerely yours, Harold R. Medina. From Frank Tilford, New York, N. Y. New York, ^. Y., September 1, 19S1. My dear Joe: — It gave me great pleasure to receive your little Memoiial of our 77 THE TRIBUTES friend, the late Mr. Davies, and I truly appreciate your kind thought. You have done your work brilliantly and well. May I offer my compliments and congratulations? No one could say enough in exaltation of this princely gentleman — for a gentleman he was indeed. My best thanks to you, my dear Joe. Cordially, Feank. From Judge Edwin L. Garvin, Brooklyn, N.Y. Brooklyn, N. Y., September 1, 1921. Dear Mr. Auerbach: — On my return from vacation to-day, I find awaiting me your Memorial of Mr. Julien T. Davies with a card from your firm. I presume this was sent to me at your request and I thank you. It is quite appropriate to have this memorial from one who was so well equipped to prepare it, and I am very glad to add it to my library. With cordial regards. Yours sincerely, Edwin L. Garvin. 78 TO HIS MEMORY From Judge John R. Hazel, Buffalo, N. Y. Buffalo, N. Y., September 1, 19Z1. My dear Mr. Auerbach: — Thank you for sending me your splendid tribute and Memorial to the life of Julien T. Davies, your erstwhile law partner. I had the pleasure of several times meeting Mr. Davies in his lifetime, and from the first he made an excellent impression on me. I truly wish I had known him better than I did. It gave me great pleasure to read the sincere tribute you pay to his memory, and I am convinced that he was an excel- lent type of everything that a truly con- scientious and capable lawyer should be. With great respect, I am. Very truly yours, John R. Hazel. From Ernest Wm. Bell, New York, N. Y. New Yobk, N. Y.. September 1, 1921. Dear Sirs: — Please accept my thanks for Mr. Auerbach's Memorial to Mr. Davies. It is a splendid portraiture of a splendid man. Very truly yours, Ernest Wm. Bell. 79 THE TRIBUTES From Kenneth M. Sills, Brunswick, Me. Brunswick, Me., September 1, 1931. My dear Mh. Auerbach: — ^I wish to thank your firm very much indeed for sending me the very appropriate Memorial of the late Mr. Julien T. Davies, which I read with very much interest and for which I thank you personally. It is a hard task to reproduce for strangers the essential qualities of a fine man, and I can only say that you have made Mr. Davies a very real sort of person. Very truly yours, Kenneth M. Sills. From Dr. E. L. Keyes, Tuxedo Park, N. Y. Tuxedo Park, N. Y., September S, 19S1. Dear Mr. Auerbach: — Your scholarly Memorial of Mr. Davies has been read by me with absorbing interest. How could you say less than you have said; how can anyone say more? My acquaintance with Mr. Davies was superficial; but no one could come into 80 TO HIS MEMORY contact with him, even for a few minutes, without being forced to acknowledge his superiority in dignified personality to the ordinary run of men and to appreciate the radiating force of his individuality — a gen- tle, unpretentious force, but none the less evident. He was a shining light in the community, a man among men, and his departure has left in the community a void that cannot be wiped out by any efifect of time or any result of circumstance. Peace be to his ashes! I am happy to add this little leaf of adulation to the wreath with which pos- terity will ultimately crown him. Very sincerely yours, E. L. Keyes. From William B. Clarice, New York, N. Y. New York, N. Y., September Z, 1921. Gentlemen: — I am indebted to you for remembering me with a copy of the Memorial of Mr. Julien T. Davies. I am 81 THE TRIBUTES glad to have it not only because of my association with Mr. Davies while he was a Director of this Company, but also be- cause he was for many years a close friend of my grandfather, the late Herbert Ray Clarke. My grandfather was one of the charter members of the South Side Sports- men's Club, and was an ardent and expert fisherman. Mr. Davies told me it was my grandfather who first initiated him into the delights of that sport at the time, re- ferred to in the Memorial, when Mr. Davies' health was impaired. Yours very truly, William B. Clarke. From John Larlcin, Croton-on-Hudson, N. Y. Ckoton-on-Hudson, N. Y., September 3, 19S1. Dear Mr. Auerbach: — Your graceful tribute to Mr. Davies I have read with keen appreciation, for in him in my opinion the ideal lawyer was disclosed. To a great natural ability were added constant study and tireless effort which 82 TO HIS MEMORY early in life placed him high in the ranks of his profession. His training, skill and technical equip- ment as a lawyer were set off by a genuine and graceful culture which to my mind was his chief charm. His gentle dignity was never lost even under the most trying circumstances. One instance comes to my mind as I write : The mayor then burdening the City of New York before whom Mr. Davies was compelled to make an argument used every effort within the limits of a vulgar and ignorant mind and brutal spirit to harass Mr. Davies and cause him to lower the plane of his argument; the effort was in vain, of course; unruffled, polite, yet insistent, never for a moment did Mr. Davies lose his balance as a lawyer or his poise as a gentleman. The contrast in character of the two men was striking indeed and to this day I have it fresh in my mind, and will never forget it. Yours very truly, John Larkin. 83 THE TRIBUTES From W. A. Pennington, Edgartown, Mass. Edgabtown, Mass., September S, 1921. Gentlemen : — Please accept my thanks for Mr. Auerbach's Memorial tribute to the late Mr. Julien T. Davies, which I have read with pleasure. It recalls many memo- ries, and is worthy of the subject and of the author. Very truly yours, W. A. Pennington. From John H. Storer, Boston, Mass. Boston, Mass., September 2, 1921. My deak Mr. Auerbach: — I thank you for sending me the copy of your beautiful tribute to Mr. Julien T. Davies. It fittingly describes his simple, noble character, and is just what he would have liked to have said of him. Yours sincerely, John H. Stoker. From Calvert Brewer, New Yoi'k, N. Y. New York, N. Y., September 3, 1921. Dear Mr. Auerbach : — I have been read- ing your Memorial on Mr. Davies which 84 TO HIS MEMORY has just come to me and cannot refrain from writing to express my appreciation of your sending it. You have had a fruitful theme as the subject of your Memorial, but you have done it so beautifully that it must necessarily give the greatest pleasure to all Mr. Davies' friends as it has to me in reading it. To quote from your own words it is diffi- cult to conceive what could be taken from or added to this eulogy without detracting from its dignity and fitness. While not intimate with Mr. Davies, I like to consider that he was a good friend during the twenty-five years I knew him and I shall prize your little book as a beau- tiful reminder of that friendship. If you can spare another copy I should like very much to send it to Mrs. Brewer who will be in France for another month or so. I am sure she will appreciate it. Very sincerely, Calvert Brewer. 85 THE TRIBUTES From Wm. A. Tucker, Manchester, Mass. Manchbstee-bt-the-Sea, Mass., September i, 1921. My deab Mb. Auekbach: — ^We are all so grateful to you for sending us a copy of your beautiful tribute to Mr. Davies. Mrs. Tucker and I have read every word of it and have been brought to a fuller realization of our loss in the passing of this dear friend. Yoiu" words are a great tribute coming from one who was so inti- mately associated with him for so many years. As I look back on the old Knicker- bocker days the memory of my association with him blots out all the trials and tribu- lations, and makes me think of them as a bright spot in my life. Mrs. Tucker joins me in kindest regards — she seems to have a very tender feeling for you. Yours sincerely, Wm. a, Tuckeb. From The Hon. John W. Davis, New York, N. Y. New Yobk, N. Y., September 6, 19B1. Gentlemen: — I have read with much in- terest Mr. Auerbach's Memorial to Mr. 86 TO HIS MEMORY Julien T. Davies which you were good enough to send me. It is well to have in permanent form a record of a lawyer so deservedly admired. Very truly yours, John W. Davis. From The Hon. George Sutherland, Wash- ington, D. C. Washington, D. C, September 6, 1921. Deab Mr. Auebbach: — I have read your tribute to the memory of your late law partner, Julien T. Davies, with unusual interest. It constitutes a most refreshing departure from the usual exaggerated and rhetorical eulogy which gives us a carica- ture and not a portrait of the dead. You have written of your friend's daily social and professional life in such simple yet accvu-ately appropriate words that he is made to stand before the mind's eye exactly as he was. I do not recall having read a piece of English which breathes so fine a senti- ment of affection in language so modestly in keeping with the dignity of the theme. 87 THE TRIBUTES I did not know Mr. Davies as intimately as I have known you, but I knew him well enough to have a very positive opinion as to his worth. He impressed me most of all with his thorough - going intellectual honesty- — as one who could neither be forced nor beguiled into supporting a proposition unless it met with the approval of his reason and conscience. Judged by his work, both in court and out, his learn- ing was not only broad, but exact. He was brilliant and convincing in argument, as well as patient and painstaking in prepara- tion. His kindly, generous nattire, his un- failing courtesy, his love of justice, his devotion to the best traditions of a noble profession, his loyalty to his client when convinced of the righteousness of the cause, sum up the prominent qualities of this great lawyer, and constitute him an exam- ple and an inspiration to layman and lawyer alike. Very sincerely, Geo. Sutherland. 88 TO HIS MEMORY From Frederic J. Fuller, New York, N. Y. New York, N. Y., September 6, 19S1. Dear Mr. Auerbach: — Please accept my somewhat belated thanks for your kindness in sending me a copy of your Memorial of Mr. Davies. It is most interesting and exceedingly well done. I shall treasure it both because of my regard for Mr. Davies and as a strik- ing piece of literary work. With kind regards, I am. Faithfully yours, Frederic J. Fuller. From the Presiding Bishop and Council Protestant Episcopal Church, New York, N. Y. New Yobk, N. Y., September 7, 1921. Gentlemen: — Please let me express our appreciation of Mr. Auerbach's book on the life of Mr. Davies. It is certainly most interesting reading. I wish it had been my pleasure to have known Mr. Davies longer and more intimately. Mr. Davies' 89 THE TRIBUTES name in this Society will surely last for generations. Yours very truly, The Presiding Bishop and Council, Charles A. Tompkins, Assistant Treasurer. From The Hon. A. T. Clearwater, Kingston, N. Y. Kingston, N. Y., September 7, 1921. Gentlemen: — I beg to acknowledge the receipt of, and heartily to thank you for the copy of Mr. Auerbach's graceful tribute to my old friend, Julien T. Davies, for whom I had a high and warm regard, but who, alas! in these days of lengthening shadows, I saw too infrequently. May I add to what Mr. Auerbach so truthfully says of him, that noble line of Vergil — "Semper honos nomenque tuum laudesque manebunt." With many kind regards, I am, as ever. Very sincerely yours, A. T. Clearwater. 90 TO HIS MEMORY From Arthur Turnhull, New York, N. Y. New York, N. Y., September 7, 19S1. My dear Joe: — I thank you for sending me a copy of your appreciation of Mr. Davies. I was always very fond of Mr. Davies and had a sincere admiration for his character and attainments. As a younger man I received unfaihng courtesy and consideration from him, which left a deep impression on me. I am glad that you have written this little book in honor of his memory, as it seems to me it is very proper and timeily that you should do so, and because it is done with a finish and charm of style which is characteristic of all you write, and makes it a worthy tribute. As always. Sincerely yours, Arthur Turnbull. From Orson D. Munn, New York, N. Y. New Yobk, N. Y., September 7, 19S1. My dear Mr. Auerbach: — I have just finished reading the Memorial of Mr. 91 THE TRIBUTES Davies written by you, and take this opportunity of thanking you for having sent the same to me. You may rest assured that I will preserve it carefully in our office, as I was always very fond of Mr. Davies and considered his death a great loss not only to his personal friends, but to the entire profession. Thanking you again, I remain, Yours most sincerely, Orson D. Munn. From J. W. Buchner, New York, N. Y. New York, N. Y., September 7, 1921. Dear Mr. Auerbach: — Thank you very much for sending me a copy of your Memo- rial to the late Mr. Davies. I found it on my desk when I retiu'ned yesterday from a vacation and shall read it with a great deal of interest. Mr. Davies was a remarkable man and had a most charming and kindly person- ality. His death has been a great loss not only to his partners and associates, 92 TO HIS MEMORY but to his friends and the community as well. With kindest regards, Very sincerely yours, J. W. BUCHNER. From L. P. Hale, Albany, N. Y. Albany, N. Y., September 8, 1921. Gentlemen: — ^You will please accept my sincere thanks for Mr. Auerbach's "Memo- rial of a Leader of the Bar." It was my privilege to know Mr. Davies from his relation to St. Lawrence County as well as from contact with him as a member of the Bar Association of the State and in other ways. While my acquaintance was not intimate it was sufficient to produce in my mind a great respect and a sincere liking for the man as well as the lawyer. I well remember that he was present in the Court of Appeals the day I argued my first cause there and that he was kind enough, though a stranger, to speak to me encouragingly after the argument. Sincerely yours, L. P. Hale. 93 THE TRIBUTES From The Hon. Geo. Gordon Battle, New York, N. Y. New Yoek, N. Y., September 8, 1921. My deab Joe: — Please accept my hearty thanks for your kindness in sending me your Memorial on Mr. Davies, which I have read with very great interest and pleasure. It was extraordinarily well done. When I first came to New York, Mr. Davies was very kind indeed to me — as he was to so many young men. I always had for him a very great admiration and real affection. With all good wishes and with kind per- sonal regards, I am Faithfully yours, Geo. Gordon Battle. From Wm. B. Boulton, Morristown, N. J. MoEBisTOWN, Morris Cotoitt, N. J., September 8, 1921. My dear Joe: — ^I am tremendously obliged to you for sending me the Memorial you prepared in regard to Mr. Davies. I have read every word of it and have been very much interested in the very able and touch- 94 TO HIS MEMORY ing manner in which you tell the incidents of his life. It was my good fortune dxuring the last two or three years to come in rather close contact with Mr. Davies at the Flanders Club and I look back with the greatest pleasiu-e on my association with him. I know that his death was a great per- sonal loss to you, but I can asstire you that a host of his friends share this loss with you, although in a lesser degree. Sincerely yours, Wm. B. Boulton. FromDr. Wm. EvelynPorter, New York, N. Y. New York, N. Y., September 8, 1921. My dear Axjerbach: — ^Upon my return to the oflBce I find a copy of your Memorial to our dear friend, Mr. Davies. Permit me to thank you kindly for it, as I shall value it highly. It is a most admirable tribute to one of the greatest of men and best of friends. Sincerely yours, Wm. Evelyn Porter. 95 THE TRIBUTES From The Hon. W. M. K. Olcott, New York, N. Y. New York, N. Y., September 8, 1921. Dear Mr. Auerbach: — I am very much indebted to you for sending me a copy of your Memorial to Julien T. Davies. I knew him well enough to share the appre- ciation, which you have so exquisitely ex- pressed, of his great and tender character and ability. Very faithfully yours, W. M. K. Olcott. From Robt. W. Bonynge, New York, N. Y. New York, N. Y., September 8, 1921. Gentlemen : — I acknowledge with thanks the Memorial to the late JuUen T. Davies, Esq., which is a splendid tribute to a great lawyer. Yours very truly, Robt. W. Bonynge. From Francis S. Hutchins, New York, N.Y. New Yohk, N. Y., September 9, 1921. My dear Mr. Auerbach: — I have just reread your splendid tribute to my friend TO HIS MEMORY and neighbor Mr. Davies. I am delighted to have it in permanent form. Of special interest to me is your reference to his more human side — ^his love of hunting and fish- ing. How he reveled in his Great River place! He was a truly great man. Most sincerely yours, Feancis S. Hutchins. From George Zabriskie, St. James, L. I. St. Jamds, L. I., September 9, 19S1. My dear Auerbach : — I am much obliged to you for a copy of your Memorial of Julien Davies, which I have read with pleasure and profit. It does not seem to me that you have exaggerated his virtues. His character is well and truly portrayed. Your work is well done. While I never knew him intimately, I knew him as long as almost any man at the Bar; and as a youth I knew his father and other members of his family; and as I think of him I cannot help feeling sad for his departure, while I recognize at the same time how well he lived his life, and 97 THE TRIBUTES exemplified the ideal of the good lawyer. Therefore the Bar will hold him in honor, and his friends will cherish his memory. Sincerely yours, George Zabeiskie. From Wm. P. Dixon, New York, N. Y. New Yoek, N. Y., September 9, 1921. Dear Mr. Atjerbach: — On my return to the City, I find a copy of the Memorial of our friend and your partner, Julien T. Davies. I appreciate your kindness in sending me the Memorial because for more than forty years he and I were acquaint- ances and good friends; from the very beginning of our acquaintance, when he was on the threshold of his successful career as a lawyer, I recognized his ability, devotion to his profession and to the interests of his clients, from that time on I witnessed his steady rise to prominence as an attorney and advocate and witnessed also in recent years and wondered at the personal cour- age which enabled him to bear up under 98 TO HIS MEMORY the heavy burdens of sorrow caused by the death of wife and children. It seems like reversing the order of nature when children die before the parents. Yet our friend was called on to suffer this sad bereavement not once only but thrice, yet bore himself with such bravery and fortitude that we, his friends, wondered and admired the coiurage of the man. I sympathize with you, dear Mr. Auer- bach, for I know how greatly you miss our friend for your relations with him were such as only ties of blood could make stronger. Yours sincerely, Wm. p. Dixon. From The Hon. Isaac Franklin Russell, New York, N. Y. New Yoek, N. Y., September 10, 19S1. Dear Joe: — ^Thanks for yowc Memorial volume on Mr. Davies. I knew him well enough to understand that all you say is true. But I am charmed by the literary style of your writing, which seems almost THE TRIBUTES perfect and brings back a long train — a very long train of thoughts and memories. You must keep your pen in motion. Faithfully yours, Isaac Franklin Russell. From Helen Davies Lanpher, New York, N. Y. New York, N. Y., September 10, 1921. My dear Mr. Auerbach: — Thank you for sending me your lovely tribute to my dear brother. It certainly is beautifully ex- pressed, and in every way a very suitable memorial to his memory. I personally had a great reverence for the courage which enabled him to bear all life's hard knocks without a whimper. I am glad to see that you appreciate that characteristic. He is indeed a great loss to us all. With kind regards. Sincerely, Helen Davies Lanpher. 100 TO HIS MEMORY From Bishop William T. Manning, Seal Harbor. Seal Harbor, September 11th. Deak Mb. Aueebach: — I am very grate- ful to you for sending me a copy of your Memorial to our belovfed friend Julien T. Davies. It is a beautiful and worthy tribute, and every word of it is true. With kindest regards to you and Mrs. Auerbach, Faithfully yours, William T. Manning. From J. J. Stevenson, New York, N. Y. New York, N. Y., September IS, 1921. My dear Mr. Auerbach: — I have read your Memorial of Mr. Davies with much interest. You have succeeded in exhibiting the man and in explaining his success in life, all without apparent desire to point a moral. Mr. Davies must have been an inspiring associate and, as featured in your Memo- 101 THE TRIBUTES rial, he may well serve as model for young men. He did his best even in "little" things. I thank you for the pleasure which the reading has given me. It sfeems almost incredible that forty-six years have passed since you and I parted company in N. Y. U. Sincerely yours, J. J. Stevenson. From District Attorney Charles R. Weeks, Mineola, N. Y. MiNEOLA, N. Y., SepUmher 12, 1921. My dear Mr. Auerbach:— I have just finished reading the Memorial to the late Julien T. Davies. I thoroughly enjoyed every page of it. Not only is the life and active career of Mr. Davies an inspiration to all who cher- ish the ideals of our profession, but the lessons taught by his stanch honesty and grim determination to get the truth, as eloquently pointed out by you, are of great value to all lawyers. 102 TO HIS MEMORY I thank you for sending it to me. With sincere regards, I am, Respectfully yours, Chables R. Weeks. From Eugene P. Locke, Dallas, Texas. Dallas, Texas, September IS, 1921. Gentlemen: — I desire to express my thanks for your kindness in sending me a copy of Mr. Auerbach's Memorial of the late Julien T. Davies. I have read it with great pleasure. A fitting Memorial of a noble life is not only a tribute to the departed, but an inspiration to the younger generation who remain. My father entertained great respect for Mr. Davies. He heard Mr. Edward Lyman Short mention him frequently. Yours sincerely, Eugene P. Locke. From The Rev. James E. Freeman, Wash- ington, D. C. Washington, D. C, September 15, 1921. My dear Mb. Auebbach: — On my return here after my vacation I find a copy of 103 THE TRIBUTES your splendid tribute to Mr. Julien Da vies. Now that I have read it, I beg to thank you most heartily for it. It was my privi- lege at the last General Convention to draw up the resolutions expressing to Mr. Davies the gratitude of the General Chtu-ch for his long and signal services as counsel of the Board. I have known Mr. Davies in that capacity as a fellow member of the Board for many years last past, and I always esteemed him, as did my colleagues, as one of the most clear-visioned, utterly unselfish and high-minded men on the Board. Too much could not be said in his praise. To me he never seemed to grow old. He had all the buoyancy and the fine spirit of youth. Such men are an adorn- ment to the Christian Church. Again thanking you for the Memorial to Mr. Davies, and for the thoughtfulness of your firm in sending me a copy, I beg to remain, Faithfully yours, James E. Feeeman. 104 TO HIS MEMORY From Judge William S. Andrews, New York, N. Y. Stbacusb, N. Y., September 15, 19S1. Dear Mb. Auerbach : — Last night, on my return from Canada, I found your affec- tionate and beautiful Memorial to Mr. Davies. It pictures clearly the man I admired and loved. No one, better than yourself, could tell the story of the great lawyer, the man of wise counsel and calm judgment. And no one could better speak of the steadfast, loyal friend. For many years my father and then myself were honored by his friendship. I like to remember him on his place at Great River. Mrs. Andrews and I spent happy days with him there. I see him yet, sitting at his organ, with the books he so cared for around him, or steering his boat over the waters of the bay, or walking along the shore telling us of the days of shooting he and you had enjoyed. Once he went with me to the St. Lawrence, and we lived for three days in a cottage on Fox Island 105 THE TRIBUTES that friends had lent us. We fished while it was still light, and in the evenings he told of his experiences at the Bar or we talked of books, and such talk from him was always illuminating. And never, in spite of the griefs that came to him, was there any complaint. He was a brave man. The last time I saw him he spent the night with us at Albany. He was a young man then, enjoying life, happy with his friends, planning for the future. I think he re- mained young to the end. To me, he will so remain always. Again and again I have wished he might have been with me on some fishing trip, or in our camp. It is diflficult to realize that the possibility is over. His loss is very grievous. Very sincerely yours, Wm. S. Andrews. From Judge David F. Manning, Brooklyn, N. Y. Brooklyn, N. Y., September 15, 1921. Gentlemen: — Please accept my sincere thanks for the beautiful Memorial of the 106 TO HIS MEMORY late Julien T. Davies^ prepared by Mr. Auerbach, which you were good enough to send me. I shall treasure the volume not only for the memory of the man whose eminent qualities it so fittingly portrays, but also for the appropriate and touching recital concerning the author's recollection of his very dear friend. Faithfully yours, David F. Manning. From Clifford W. Barnes, Chicago, 111. Chicago, III., September 15, 1921. My dear Mr. Auerbach : — Your gracious gift was waiting for me upon my return last Tuesday, and I appreciate the kindness you have shown me. Mr. Davies' life seems to have been unusually full and worthy of praise, and your Memorial is a beautiful tribute to the man. Thanking you very heartily, I am. Yours truly, Clifford W. Barnes. 107 THE TRIBUTES From The Hon. Alton B. Parker, Esopus-on- the Hudson, N. Y. Esopus-ON-THE-HuDsoN, N. Y., September 16, 1921. My dear Auerbach: — ^Julien T. Davies was a splendid citizen, a great lawyer, a true friend and worthy of all you have said about him. Moreover he was fortunate in leaving you behind him, for no one else could have presented so just and at the same time so exquisite a picture of him as you have done. As a friend of Davies and of your good self I both thank you and congratulate you. Faithfully yours, Alton B. Parker. From C. A. Richmond, Schenectady, N. Y. Schenectady, N. Y., September 16, 1991. My dear Mr. Auerbach: — I find your fine tribute to Mr. Julien T. Davies on my return. I had a passing acquaintance with him and recognized in him the unusual qualities you have so handsomely outlined. I was especially touched by the little inci- 108 TO HIS MEMORY dent of the old fisherman at the funeral. Thank you for remembering me. As always, faithfully yours, C. A. KiCHMOND. From Francis G. Coffey, New York, N. Y. New York, N. Y., September 16, 1921. My dear Mr. Auerbach: — I am very grateful for a copy of your Memorial of Mr. Davies. You have done a service to the community and to the Bar in preparing this. It is graphic and charmingly written. It pictures a real lawyer, whose example is an inspiration to other members of the profession. While I knew generally about Mr. Davies and his career, you have taught me much, and I shall treasure the little record you have made. I was at the Harvard Law School with Julien, Jr. I regretted very much his going. Sincerely yours, Francis G. Caffey. 109 THE TRIBUTES From Judge Edward R. Finch, New York, N.Y. New Yoek, N. Y., September 16, 19Z1. Gentlemen: — I have received and read with pleasure the Memorial of a Leader of the Bar. I knew and admired the late Julien T. Davies very much, not only as a man, but as a leader in his profession. I thank you for your thoughtfulness in sending me the copy. Very sincerely, Edward R. Finch. From Willis 0. Robb, New York, N. Y. New York, N. Y., September 16, 19S1. My deab Mr. Atjerbach: — A few days ago on my return from vacation I found and have just now read through your little Memorial volume on Mr. Davies, and I am writing these lines, not only to express my thanks for the remembrance, but to say with what surprising clearness and accuracy your picture corresponds with my own impression of Mr. Davies as I call 110 TO HIS MEMORY up his personal appearance, expression, bearing, use of language, etc., in the inter- views I have had with him in the last few years, perhaps not more than a dozen in all. I suspect that if you have so accurately hit off the man I came to know in those inter- views, you must have done equal justice to the fuller individuality known to his close associates in and out of his office during a long and splendid lifetime. Very truly yours, Willis O. Robb. From Bishop William Lawrence, Readville, Mass. Readville, Mass., September 16, 1921. My dear Mr. Auerbach: — Allow me to thank you for your Memorial of Mr. Julien T. Davies which I have read with much interest. It is the record of a noble soul. Yours sincerely, William Lawrence. Ill THE TRIBUTES From The Hon. Charles E. Hughes, Wash- ington, D. C. Washington, D. C, September 16, 1921. My dear Mr. Auerbach: — I have read with great pleasure your Memorial Volume on Julien T. Davies. When I came to the Bar Mr. Davies had just become Receiver of Grant & Ward, and as I was in the office of Mr. Hornblower, who was acting as counsel for the Receiver, I heard a great deal about Mr. Davies and thus early came to hold him in high esteem. You have briefly but effectively sketched a long life of exceptional usefulness and distinction — the life of one who brought to his profes- sional work not only great legal ability, but rare refinement and a charm of manner which made it a pleasure to have dealings with him — a gentleman unafraid. With kind regards, I am Very sincerely yours, Charles E. Hughes. 112 TO HIS MEMORY From Alice R. Allan, Montclair, N. J. MoNTCLAiB, N. J., September 16, 19S1. Gentlemen: — My mother, Mrs. George S. Allan, wishes me to thank you very much for your kindness in sending her Mr. Auer- baeh's Memorial of Mr. Davies. She thinks it is a very just appreciation of Mr. Davies' character, and is glad to have this record of one who was a lifelong friend and counsellor. Very sincerely yours, Alice R. Allan. From Fr-ederick L. Allen, New York, N. Y. New York, N. Y., September 17, 1921. My dear Mr. Auerbach: — I have just devoted a very profitable and enjoyable half hour reading your excellent Memorial of Mr. Davies and I congratulate you upon the production. It is a masterpiece. You, of all others of Mr. Davies' warm personal friends and associates, were the one best qualified to write the Memorial, and we who knew Mr. Davies are indebted to you for having done so. 113 THE TRIBUTES There were so many fine qualities in the make-up of Mr. Davies' character, that it is difiicult to fix one's mind upon any one in particular. Addison said, "The chief ingredients in the composition of those qualities that gain esteem and praise, are good nature, truth, good sense and good breeding." Mr. Davies had all these essen- tials to invite esteem and praise, and many others which led men to respect and love him. You, however, in this beautifully worded Memorial, have revealed to us many of the secrets of Mr. Davies' char- acter which impelled men to admire and esteem him as few men are admired and esteemed. I am especially happy in the possession of this Memorial for the reason that my professional career began in Mr. Davies' ofiice, to which I went imme- diately after my admission to the Bar, and although after some six years in his ofiice, I left to come to the company with which I am now connected, I was privileged to see and confer with him many times about professional matters. It is a pleasant 114 TO HIS MEMORY memory to recall his uniform kindliness, graciousness, courtesy and consideration at all times. I thank you very much for sending me a copy of the Memorial. I am, Very sincerely yours, Frederick L. Allen. From The Hon. Edward E. McCall, New York, N. Y. New York, N. Y., September 17, WHl. My dear Mr. Auerbach : — Let me express my grateful acknowledgment of your kindly thought of me in sending me a copy of the Memorial of Mr. Davies. It was my rare privilege to have known him for many years and in my connection with the Mutual Life to have come in close contact with him. Limited by the embarrassment of your close association with him, I can readily see why so much more than was written coUld under other circumstances been indited; but the tribute you pay was becoming to a rare, great man, whom all 115 THE TRIBUTES that knew him loved, venerated and re- spected. Very sincerely yours, Edwakd E. McCall. From Judge Isaac N. Mills, Mount Vernon, N. Y. Mount Vernon, N. Y., September 17, 1921. Gentlemen : — I write to acknowledge with thanks the receipt of the booklet containing a reprint of Mr. Auerbach's Memorial of the late Julien T. Davies. It was received during my absence on vacation, and hence my tardy acknowledgment. I have read it with great interest and appreciation. It constitutes a fine and well-deserved tribute to a great man and lawyer. Very truly yours, Isaac N. Mills. From Judge H. Putnam, Brooklyn, N. Y. Bhookltn, N. Y., September 17, 1921. Gentlemen: — Please accept my thanks for the courtesy of yom- reprint of the Memorial of the late Julien T. Davies. It 116 TO HIS MEMORY will be preserved not only as a Memorial of a distinguished lawyer, but as a tribute written in a rare charm, of Mr. Auerbach's best style. I suppose Mr. Davies was buried in the beautiful cemetery at Beacon, where rests the remains of Chan- cellor Kent. Yours faithfully, H. Putnam. From Martha Swift-Hollister, Bronxville, N. Y. Beonxville, N. Y., September 17, 19S1. Dear Mr. Auerbach: — It was very kind of you to remember my brother. Dr. Swift, and to send him your thoughts of Mr. Davies. We were always very proud and fond of Uncle Julien, and were so glad to read how you felt about him. He certainly had a most attractive personality, and we have all missed something from our lives by his passing away. As I am with my brother for a few days, I read his copy and said that I would send you his thanks. Sincerely yours, Martha Swift -Hollister. 117 THE TRIBUTES From The Rev. W. N. Webhe, Great River, L. I. Great River, L. I., September 19, 19S1. Gentlemen: — \ beg to acknowledge with thanks and profound appreciation the re- ceipt of a copy of the tribute to the memory of our late Senior Warden, Julien T. Davies, by a member of your firm. I was quite intimately associated with him for many years and perhaps the high- est tribute to his memory is the truthful assertion that his loss seems irreparable, not only personally, but to every member of our little parish and community. Sincerely, W. N. Webbe. Rector, Emmanuel Church. From Henry M. Earle, New York, N. Y. New York, N. Y., September 19, 1921. My dear Mr. Auerbach: — I did not think it possible that any one could draw so accurate a picture of the attractive quali- ties and lofty attributes of our friend X18 TO HIS MEMORY Davies — therefore, I all the more enjoyed your charming Memorial. With appreciation of your work, and of your thought in sending me a copy, I am, with best regards. Faithfully yours, Henry M. Earle. From Marion C. Bourne, Oakdale, L. I. Oakdale, L. I., September 19, 1921. My dear Mr. Auerbach: — I greatly ap- preciate your kindness in sending me the beautiful little Memorial book of Mr. Davies. He was a friend indeed, and I shall take great pleasure in reading your book. Very sincerely, Marion C. Bourne. From Francis R. Appleton, Jr., New York, N. Y. New Yohk, N. Y., September SO, 1921. My dear Mr. Auerbach: — Thank you very much for the biography of Mr. Julien 119 THE TRIBUTES T. Davies which you were good enough to send me. I read it through with great interest and much appreciation. I remain, Faithfully yours, Francis R. Appleton, Jr. From Chief Judge Frank H. Hiscock, Syracuse, N. Y. Stkactjsb, N. Y., September SI, 19S1. My dear Mr. Auerbach: — I have read with much appreciation your Memorial of Mr. Davies. It is a deserved tribute to an able, outstanding and honored member of our profession. You have nowhere per- mitted the affection begotten of a long and intimate friendship to lead you into mere meaningless eulogy, but have stated the facts of a life and professional career which always ought to be a guide and inspiration to those who follow after. I never knew Mr. Davies intimately and therefore can only speak as one having that general knowledge afforded by his professional and public life and work. 120 TO HIS MEMORY The legal profession was his by inherit- ance and he entered upon its study and pursuit strengthened and stimulated by the recollection of a father who had made himself distinguished and respected in the field of work which the son had chosen. He soon became and always continued a true leader at the Bar not only in industry, ability and accomplishment, but also in the observance of those traditions and conceptions which alone can maintain for our profession the rank and standing to which it is entitled. The records of the trial courts contain ample evidence of his great industry and through the reports of high appellate courts are scattered his briefs discussing with great learning and yet in plain and graceful language important and complicated questions and often leading to the establishment in behalf of clients of principles of great consequence not only to them but to the public. The burden of work which he carried in the so-called Elevated Railroad Cases was of itself enough to be the life task of an ordinary 121 THE TRIBUTES practitioner. Indeed it was so great that it almost broke him down physically and drove him to a lesser measure of work. But however great the demands of his professional work, they were never so engrossing or exclusive that Mr. Davies did not make time for the full and ener- getic discharge of his obligations as a citi- zen. Many an intelligent and practical movement for public and civic improve- ment found in him a wise guide and a stalwart s^upporter. His profession did not narrow or dull his views and interest, but served as a reservoir of learning and ex- perience from which he drew the capacity the better to guide and make effective the obligations of citizenship. It is a fine and just thing that you who knew him so well have written this Memo- rial which will help to keep alive the mem- ory of one who had so many qualities of great ability and real nobility as a lawyer, as a citizen and as a man. Yours cordially, Fkank H. Hiscock. 122 TO HIS MEMORY From John Grier Hibben, Princeton, N. J. Princeton, N. J., September S2, 19S1. My dear Mr, Auerbach: — I have just received a copy of your delightful Memo- rial to your partner and friend, Julien T. Davies. I am very glad indeed of this opportunity to know something of that strong, admirable nature which made Mr. Davies a power in New York during this last generation. With my warm regards, believe me. Faithfully yours, John Grier Hibben. From August Belmont, New York, N. Y. New Yohk, N. Y., September SI, 1921. My dear Joe: — ^As a former friend and admirer of Julien T. Davies, I was deeply interested in the little volume which you sent to me entitled "Memorial of a Leader of the Bar." Certainly so fine a citizen, in addition to being a great lawyer, deserved that a vivid 123 THE TRIBUTES picture of his noble life and career be handed on to posterity. You have drawn this with the fidelity of a truthful chronicler and not from the point of view a biased friend might take. All you have written about Mr. Davies in deservedly tender, eloquent terms, is exact. I thank you as a friend and as a citizen for this delightful contribution to our annals. Believe me. Very sincerely yours, August Belmont. From The Rev. Charles Lewis Slattery, New York, N. Y. New York., September 21, 1921. My dear Mr. Auerbach: — I have long been wishing to thank you for your admirable tribute to your intimate friend, Mr. Davies. It awakens memories of my own friendship, and tells me much of him that I did not know. All his friends must be grateful to you for this clear and just record of his ability and goodness. TO HIS MEMORY I knew Mr. Davies through the later years of his life. As one of his rectors I saw him often during the successive sorrows which came to him; and though one feels that conversations in the deepest experi- ence are too sacred to repeat, I think I may speak of the heroic fortitude which those conversations revealed, the unspeakable love of a tender heart, the unselfish thought for those who shared his grief, and the stanch faith in the Father of us all. More and more, in letters and in personal talk, he said simply and without self-conscious- ness the convictions of his inner life. He was for many years a member of the Board of Missions of the Episcopal Church and I believe his legal advice was sought and followed in all the intricate problems which faced this important governing body. His services to the Church were in other ways, too, of marked usefulness. You speak of his interest in hunting and fishing. There too he was thoughtful of his friends. He often sent me ducks which he had shot, or fish which he had caught, 125 THE TRIBUTES and the friendly notes which came with the gifts were savory sauce for them. It was always a deHght to fall in with him and to speak of common interests, but the best of all was to find that he cared for his friends and had the genius to tell them so. Faithfully yours, Chaeles Lewis Slattery. From Nicholas Murray Butler, New York, N. Y. New Yohk, N. Y., September 2S, 19U. My dear Mr. Auerbach: — I have re- turned to my desk to-day after an absence of three months in Europe, and find your charming letter of the 20th and also a copy of your Memorial to Julien Davies, which I have at once eagerly read. I thank you most cordially for having prepared this delightful tribute to a man whose charm of person and of speech equaled his professional industry and dis- tinction. Julien Davies was a Columbia man through and through, and coming himself of a Columbia family maintained 126 TO HIS MEMORY to the end his academic interest and his academic affection. Time and time again he spoke to us at some of our gatherings with singular eloquence, charm and literary finish. I greatly value this delightful pres- entation of the meaning of his life and character. With best regards, I am. Faithfully yours, Nicholas Murray Butler. From Edward Shaughnessy, New York, N. Y. New Yohk, N. Y., September SS, 19S1. Dear Mr. Auerbach: — I thank you for sending me your graceful tribute to the memory of Mr. Davies. I know from per- sonal knowledge how sincere and true the tribute is. Mr. Davies was like a figure from the antique world and his presence emanated power. He had the quality of outward modesty and inward grace. I can cite one instance of his fidelity to a client. When the Lexow legislative com- mittee was investigating the Com- 127 THE TRIBUTES pany and its President had had a gruelling day on the witness stand, Mr. Davies read extracts from the testimony in the evening papers. He sent for me, as stenographer to the Committee, to come to his home in Eleventh Street, to read to him from my notes the full testimony. He had an im- portant dinner party at the house and as soon as the meal was served he apologized to his guests and went with me to Thirty- fourth Street, where the notes were read, and Mr. Davies pointed out certain errors to the oflScer and asked him to return to the stand so they could be corrected. We did not part till after midnight. Yes, "He loved, above all things, to award merited praise." His courtesy added grace to his modesty. And he had Stoic fortitude, for he displayed it when I met him for the last time in Savannah, at the De Soto Hotel, at the time of the death of his son. He then had the fortitude of a Hannibal. Yes, and above and beyond all, was his 128 TO HIS MEMORY devotion to the beloved daughter. How odd the root should die while the branch decays. You did, with heart and brain, a noble work in writing that Memoir, with its cadence of poetical feeling and expression. Sincerely yours, Edwakd Shaughnessy. From Albert B. Boardman, New York, N. Y. New Yohk, N. Y., September SS. 1921. Gentlemen : — ^The comprehensive, sym- pathetic and eloquent appreciation of the achievements and character of Julien T. Davies by his lifelong partner and friend, Joseph S. Auerbach, leaves little to be said by the writer. Yet it does not seem to be inappropriate, in view of my intimate acquaintance with Mr. Davies, particu- larly during the early years of his profes- sional life, that I should add a word about his career at the Bar during those years. Generally, recognition of legal ability of a high order can only be obtained by years of successful effort and the hardest kind 129 THE TRIBUTES of work. Mr. Davies was a conspicuous exception- — in fact he was the most con- spicuous exception — to this rule that I have ever known. His father was a dis- tinguished Judge. He was born and brought up in a legal atmosphere. His qualifications for leadership among his associates at the Bar were so obvious that he secured a commanding position in his profession almost as soon as he began to practice. A man "well stricken in years" like the writer, should be on his guard against fall- ing into the common error of thinking that everything is going to the dogs because things are not now done as they were done when he was young. Nevertheless, I am convinced that in the olden days, before there were so many specialists, when law- yers tried their own cases, much more knowledge of the law was necessary to attain success in our profession than is now required. In those days every one who was a lawyer at all claimed to be a real- estate lawyer, an admiralty lawyer and 130 TO HIS MEMORY a successful trier of causes; but now a man who acquires a great reputation — ^for example as attorney for the criminal rich — need not know an insurance policy from a chattel mortgage in order to obtain pecuni- ary rewards which would make Mr. James C. Carter, when he was the leader of the American Bar, look like a Latin professor at a University. Mr. Davies did not simply practice law as a trade. He loved the law as a science. His limpid and analytical mind found great intellectual pleasure in the solution of difficult legal problems. In his profes- sional employments Mr. Davies was an advocate, not an altruist. He neither asked nor gave quarter, but his loyalty to his client won the respect even of his defeated opponents. One of the most distinguished charac- teristics of the man was his fortitude. Tried as few men are tried by sorrow and bereavement, he found relief in the con- scientious discharge of duty. As Lord Macaulay says, speaking of Warren Has- 131 THE TRIBUTES tings, " He was tried by both extremes of fortune and never disturbed by either." His name has been inscribed on the honor roll of his profession, and his memory will be enshrined in the hearts of a vast army of friends. Paraphrasing a statement made by President Nicholas Murray Butler about France, to have known Julien T. Davies intimately, to have read his mind and his heart, was to have loved him. Very truly yours, Albert B. Boardman. From V ice-Chancellor Eugene Stevenson, Paterson, N. J. Paterson, N. J., September 24, 1921, My dear Auerbach: — Many thanks for this attractive little volume containing your fine appreciation of oiu* dear friend Davies. While reading your Memorial my mind ran back through the long period of over thirty -five years which covers, and, also, closed our friendship here. From time to time, as you know, I was associated with Davies in professional 132 TO HIS MEMORY affairs — some of them of considerable mag- nitude and importance — and long ago I recognized his eminent endowments as a lawyer. But it was as a friend, a host, a companion, a brother fisherman, that I knew him best throughout all these years. The weeks we spent together, often alone, in the wilderness yield many of the most delightful reminiscences of my life. As a host — what can be said, or rather, what cannot be said of his courtly, graceful, genial hospitality? You have well portrayed our friend as a forceful, successful lawyer — a leader of the Bar — but what appeals to me most strongly in this tribute from your mind and heart is the restrained expression of your affec- tion for this man which you could not con- ceal—this man whose winning personality has disappeared from our lives. I congratulate you, my dear Auerbach, upon this work which you have so well done for all his and your friends. Very sincerely yours, Eugene Stevenson. 133 THE TRIBUTES From J. A. Badenoch, New York, N. Y. New York, N. Y., SepUmher 24, 1921. My deae Mr. Auerbach : — It was a pleas- ure indeed to be remembered by you some time ago with a copy of your book in memory of the late Julien T. Davies. Perusal of it stimulates me to emulate the business principle and life of such a man, I wish to thank you most sincerely for the opportunity you have given me to profit by his example. Very sincerely yours, J. A. Badenoch. From H. B. Hollins, New York, N. Y. New York, N. Y., September 26, 19S1. Deak Sirs : — I have read with interest Mr. Auerbach's Memorial to Mr. Julien T. Davies, and the tribute paid to him is appreciated by me, as one who admired and respected him for his great qualities and sincere friendship. Yours truly, H. B. Hollins. 134 TO HIS MEMORY From Josiah Marvel, Wilmington, Del. Wilmington, Del., September 26, 1921. Gentlemen: — We thank you very much for the copy of Mr. Auerbach's Memorial of a Leader of the Bar. Mr. Davies was well known to this firm and was always held in high regard personally as well as professionally. The publishing of this Memorial is the rendering of a service by Mr. Auerbach that is due to the late Julien T. Davies and a similar service is due to many members of the Bar. Mr. Auerbach's Memorial will doubtless serve as a useful precedent. The public as well as profes- sional services rendered by a lawyer are prone to be quickly forgotten unless per- chance such service is rendered by being the author of a lasting textbook or by being the holder of public office. This should not be. The services of such lawyers as Julien T. Davies do not die with them, and the memory of such services should not be permitted to die with them. 135 THE TRIBUTES Permit me to congratulate your Mr. Auerbach upon the excellency of his Memorial and to commend him and the other members of your firm for the form in which this Memorial is placed in the hands of members of the Bar. With assm-ances of high regard, we are, Most truly yours, JosiAH Marvel. From The Rev. William G. Thayer, South- borough, Mass. SoTiTHBOBOtJGH, Mass., September S7, 1921. My dear Mr. Auerbach: — I have read with great pleasure and profit your beau- tiful tribute to Julien T. Davies. Though I did not know him intimately, I had met him a number of times and came into touch with his personality and character. You have told his story in a most interesting way, but better still, you have painted a great portrait of a really great man. I am glad you have done it, and done it so well. In these days, the lives of such men as Julien Davies should be known by others than those who knew him, and I wish that 136 TO HIS MEMORY every young man who wants to make his life worth while could read your book. I thank you for sending me this inspiring message, for such indeed it is, and I con- gratulate you on your discerning apprecia- tion, sketched for our benefit with such charm and skill. Faithfully yours, William G. Thayer. From Dr. Henry van Dyke, Princeton, N. J. Pbincbton, N. J., September S7, 1921. My dear Sir: — Returning to Princeton I have just found here a copy of your Memorial of Julien T. Davies, and presume that I owe the gift of this valued book to your kindness. At all events I wish to thank you very sincerely for writing such an admirable sketch of a man whom I honored as a fine lawyer and a high-minded citizen, and loved as a comrade. Some years ago I had the pleasure of going with him on a salmon-fishing excur- sion to the Ristigouche River. We had both passed recently through experiences of 137 THE TRIBUTES trial and sorrow. The season was a bad one — heavy rains, high water, and diffi- cult angling. But Julien Davies was neither dispirited nor despondent. He kept his cheerful serenity and friendly courage through the dark days. By the use of some- what novel tactics in the choice of flies and of places to fish, we succeeded in making a very good catch. And above all, we had many talks together about the deeper things of life which will always remain in my memory. He was in fact a man of wise counsel and steady faith in the things that make life worth living. I have therefore a personal reason to thank you for your book, in which I find not only the tribute of an admiring friend and loyal associate, but also a piece of work done in that clear and beautiful Eng- lish style which I have already learned to prize in your volumes of Essays and Mis- cellanies. Believe me, with sincere regards. Very truly yours, Henry van Dyke. 138 TO HIS MEMORY From Earle W. Evans, Wichita, Kan. Wichita, Kansas, September 27, 1921. Gentlemen: — ^I read last night Mr. Auer- bach's splendid Memorial and feel better and stronger for it this morning. I met Mr. Davies a couple of times years ago and those experiences together with what members of the New York Bar, with whom I have been more intimately associated, told me, gave me the impression that he was all that mere man can well be in the practice of law nowadays. Thanking you for remembering us with a copy of this Memorial, I am. Yours truly, Earle W. Evans. From Alexander S. Lyman, NewYork, N. Y. New Yohk, N. Y., September 28, 1921. My dear Mr. Auerbach: — I duly re- ceived the printed copy of the tribute to Mr. Davies which I read with very great interest and appreciation, with consider- able verification from my own immediate 139 THE TRIBUTES experience of some of the circumstances in Mr. Davies' legal career, and with full acquiescence in the depiction of his per- sonal traits and splendid character. I gave the volume to Colonel Henry W. Sackett, who used to be, as you will remember, the head of one of the leading firms which represented abutting owners in the Ele- vated Railroad litigation. He was much interested in the sketch and desired to read it. With kind regards, Very truly yours, Alex. S. Lyman. From The Hon. Bainbridge Colby, New York, N. Y. New Yokk, N. Y., September S8, 1921. My dear Mr. Auerbach: — You have written a very delightful study of the life of yoiu' friend and partner Mr. Julien T. Davies. I have read it with great admira- tion. You are eminently just in describing him as a leader of the Bar. This he was in the truest and broadest sense. I say broadest 140 TO HIS MEMORY because Mr. Davies brought to his pro- fession something in addition to a profound and accurate knowledge of the law. He carried into all his professional relations and activities an amenity and distinction that explain quite as much the impression he made upon the courts and the members of the Bar as the power and mastery of his arguments. I have heard some men described as happy in their biographers. Surely this can be said of the great lawyer who is the subject of your exquisite Memorial. Yours faithfully, Bainbridge Colby. From John C. Tomlinson, New York, N. Y. New Yohk, N. Y., September 29, 1921. My dear Mr. Auerbach: — It gave me much pleasure to read your graceful and appreciative Memorial on Mr. Julien T. Davies. My acquaintance with Mr. Davies, though comparatively slight, extended over my entire professional life. That he was 141 THE TRIBUTES one of the acknowledged leaders of our Bar every lawyer recognized. He was, however, more than an able lawyer. He was a broad-minded, able, cultm-ed man, possessing great charm and com-tesy of manner, and endowed with a broad sense of justice. Your article describes him as he was, as those who knew him will always remember him. When I add that I appreciate what you have written, I have paid your volume the highest compliment of which it is capable. With kindest regards, I am. Very sincerely yours, John C. Tomlinson. From Marshall S. Brown, New York, N. Y. New Yobk, N. Y., September S9, 19S1. My dear Mr. Atjerbach: — I appreciate your courtesy in sending me a copy of the Memorial to Mr. Julien T. Davies. The Memorial is worthy of the distinguished lawyer whom it commemorates and of the distinguished author who wrote it. It must 142 TO HIS MEMORY have been a great privilege to have been associated as intimately as you were with a man of Mr. Davies' qualities. Thanking you again for sending me the volume, I am Very Sincerely Yours, Marshall S. Bbown. From William E. Waters, New York, N. Y. New Yobk, N. Y., September S9, 1921. Dear Sir: — Permit me to thank you very sincerely for a copy of Mr. Auerbach's "Memorial of a Leader of the Bar," which you have very courteously sent to me. I am one of the citizens of our great city who have had some slight personal knowl- edge of the excellent virtues of Mr. Davies, but have admired him for the innumerable ways in which he has exhibited his sterling qualities before the public, as a man of fine mentality, probity and public spirit. I shall treasure the copy you have sent me, and beg to subscribe myself. Very gratefully yours, William E. Waters. 143 THE TRIBUTES From Geo. W. Davison, New York, N. Y. New York, N. Y., September 30, 19IS1. Dear Mr. Axjerbach: — Your Memorial to Mr. Julien T. Davies bears on every page the evidence that it was a labor of love and a grateful task. I want to thank you for the pleasure which your little volume has given me. All of Mr. Davies' friends, among whom I include myself, owe you their appreciation for the justice which your beautiful tribute has done to him. My own recollections of him harmonize with the impressions which he made upon me in my early days as a young lawyer in his office. He was rarely gifted with a magic and charm of voice and manner which fitly expressed the nobility of his nature, and the influence of his personality and presence was helpfully felt by all those with whom he came in contact. He im- pressed me most then and now with his courteous consideration for others, par- ticularly his juniors, and I have in mind occasions when he called on us for extra eflForts in a way which was a recognition 144 TO HIS MEMORY that made it a delight to accept the re- sponsibility and duty laid upon us. The memory of Mr. Davies has abided with me and has helped me often and I would like to add this personal tribute as a footnote to what you have said about him. Sincerely yours, Geo. W. Davison. From W. E. Halm, New York, N. Y. New York, N. Y., September SO, 1921. Dear Mr. Auerbach: — I have just com- pleted reading the Memorial to Mr. Davies. It is a great pleasure to know that his many excellent qualities are made a matter of everlasting record. It cannot help but be an inspiration to young men entering the profession to know that it is worth while to maintain a standard that will be a legacy to their families to be cherished by them far more than a large number of dollars. Thanking you for sending me the book- let, I am, Yours very truly, W. E. Halm. 145 THE TRIBUTES From Wm. Barclay Parsons, New York, N. Y. New York, N. Y., September 30, 1921. My dear Sirs : — I am in receipt of a Memorial of Julian T. Davies by your Mr. Auerbacli. I am very much obliged to you for send- ing me this charming volume descriptive of the character of a good friend. Very sincerely yours, Wm. Barclay Parsons. From Arthur N. Taylor, Washington, D. C. Washington, D. C, October i, 1921. Dear Mr. Auerbach: — As one of the young men of a score of years ago who were so fortunate as to have been associated with your firm, I have read with deep and sympathetic understanding your Memorial of Mr, Davies. It seems not inappropriate at this time to refer to an incident characteristic of Mr. Davies and quite in harmony with his mental traits as you have so happily de- 146 TO HIS MEMORY scribed them, illustrating Mr. Davies' ability to fairly and justly appraise the value of the ideas and plans of another, no matter how humble their origin, even to the extent of accepting them in displace- ment of his own plans. The incident to which I refer occurred when your firm was engaged in the reorganization of a certain concern which conducted important public functions in a city some distance from New York. Associated as counsel with your firm was a lawyer of that city but of nation- wide practice and reputation who, like Mr. Davies, has passed from his labors here and whose memory will remain a cherished possession of those members of the Bar who were so fortunate as to have known him. In the course of the work a doubt arose in the mind of counsel as to the legality of a certain step which appeared essential to the carrying out of the plan. At this stage Mr. Davies, although convinced of the cor- rectness of position of your firm, was much disturbed at the prospect of dissent of counsel and gave instructions that a brief 147 THE TRIBUTES he prepared and an appointment made for a conference between himself and counsel so that he might satisfy counsel that the doubt was not well founded. At this time a suggestion by a clerk of a different and much simpler method of meeting counsel's objection was brought to Mr. Davies, who promptly discarded his own plan, accepted that of the clerk and sent him on the important mission, and, when the clerk returned with a report of success, Mr. Davies was the first to con- gratulate him. It is a privilege for which I am grateful that an opportunity has been given me to review in thought with you the intimate relations with Mr. Davies which you have so graphically portrayed, and it is with much gratification that I realize that the legal profession will have for all time the portrait of a lawyer and a gentleman painted from such a model and by a master hand. Sincerely yours, Arthur N. Taylor. 148 TO HIS MEMORY From Paul Tuckerman, New York, N. Y. New York, N. Y., October 4, 1921. Gentlemen: — On my return to my office after an absence, I find the copy of Mr. Auerbach's Memorial of Mr. Julien T. Davies, which you were kind enough to send me. I have read it with very great interest, as through my association with Mr. Davies on the Board of the Mutual Life Insurance Company I had formed a very high opin- ion of his character and the charm of his personality. With many thanks, believe me. Yours very truly, Paul Tuckerman. From Chas. Thaddeus Terry, New York, N. Y. New Yokk, N. Y., October 4, 19S1. Gentlemen : — Permit me to extend to you my cordial thanks for the Memorial pre- pared by Mr. Auerbach in connection with our departed brother, Hon. Julien T. Davies. 149 THE TRIBUTES May I in passing express my high appre- ciation of the fine form and substance of the Memorial? I could not give it higher praise than to say, as I do, that it sustains the same high note as that of the character which it describes. With added thanks, I am, Very faithfully yours, Chas. Thaddeus Tekey. From Sherman L. Whiffle, Boston, Mass. Boston, Mass., October i, 1921. Dear Mr. Auebbach: — I am grateful to you for sending me the Memorial of Mr. Davies. I value the opportunity to renew, as it were, my recollections of a friend. Sincerely yours, Sherman L. Whipple. From Mrs. Wm. S. Andrews, Onondaga, N. Y. Onondaga, N. Y., October B, 1921. My dear Mr. Auerbach: — When I reached home from Canada two days ago I found the copy of your book about our 150 TO HIS MEMORY beloved Mr. Davies. I had seen it reviewed and meant to send for it, but to have it in this way is a thousand times better than I had hoped. It bears the mark and carries the atmos- phere of what it surely is, a labor of love, but yet the labor of such a critical and analytic mind as few friends can bring to such a task. It made me feel keenly, all over again, how irreparable a loss he was. And I am so proud of having been his friend. I think of him always as perhaps wearing more clearly than any other of his great qualities, his poise and serenity. "There was no hurry in his hands, no hurry in his feet," and to me. Southern and trou- bled by the rush of things, it was a tre- mendous charm. Yet he was vivid in everything. There never was such charm, such poise, such finish, such unfailing kind- liness. I shall never forget long days, fish- ing, on his boat at Great South Bay, and talks with him, sailing home in the twilight. I shall be grateful always for the wonder of having so known such a man. 151 THE TRIBUTES Please let me thank you, very literally, with tears in my eyes, for sending your beautiful little book. I am, Very sincerely yours, Maky R, Shipman Andrews. From Archibald L. Bouton, New York, N. Y. New York, N. Y., October 5, 191S1. My dear Mr. Auerbach: — When I re- turned from my summer vacation about two weeks ago, I found on my desk the beautiful little volume that you have writ- ten about Mr. Davies. These weeks have been such busy ones, with our problems of selective admission what they are now, that I was unable to read the book till a few days ago. I want to take this opportunity to thank you for sending it to me and to express the keen pleasure that I have had in read- ing it. I am glad to know more of Mr. Davies' life and character and especially to have the account told with the warmth 152 TO HIS MEMORY and beauty with which you have in- vested it. I am glad you thought to send me the book. I can imagine how much pleasure you took in its typographical form. With cordial greetings and good wishes, Sincerely yours, Akchibald L. Bouton. From Albert D. Ayres, Reno, Nev. Reno, Nev., October 5, 1921. Deae Sir: — We are pleased to extend to you our thanks for having a copy mailed to us of your Memorial to Julien T. Davies. We have carefully read this and found it not only a pleasure, but an inspiration. Such a Memorial analyzing the traits of a great and good man like Mr. Davies cer- tainly is a tonic to the mind and a great help to those of us who at times feel a mental fag due to the want of an inspira- tion. Very truly yours, Ayres & Gardiner, By Albert D. Ayres. 153 THE TRIBUTES From Wm. N. Dyhman, Brooklyn, N. Y. Bkooklyn, N. Y., October 6, 1921. My dear Auerbach: — ^I have received from you Memorial of Mr. Davies and have read it with great interest. He was my firm friend of many years' standing and I have had great dehght in reading your appreciation of him. I am, my dear Auerbach, Faithfully yours, Wm. N. Dykman. From The Rev. Alexander Mann, Boston, Mass. Boston, Mass., October 6, 1921. My dear Sir: — Will you pardon a type- written line and allow me to thank you for your courtesy in sending me a copy of your Memorial of Julien T. Davies which I have read with much interest. For many years I sat on the same Board of Missions with Mr. Davies, and I am very glad to possess this Memorial of a wise coun- sellor and a most courteous gentleman. Yours sincerely, Alexander Mann. 154 TO HIS MEMORY From Edmund L. Baylies, New York, N. Y. New York, N. Y.. October 6, 19S1. Dear Sirs: — On my return to New York from a long vacation I find a printed copy of the Memorial to the late Julien T. Davies prepared by Mr. Auerbach. As an old friend of Mr. Davies, I was greatly pleased to receive this Memorial, and wish now to express my thanks to you for sending the same to me. Yours very truly, Edmund L. Baylies. From Frederick E. Wadhams, Albany, N. Y. Albany, N. Y., Octoher 7, mi. Gentlemen: — ^I received some time ago a copy of the Memorial of Julien T. Davies, which you so kindly sent me. I have read it with much interest and from my ac- quaintance with Mr. Davies and my knowledge of his work I am sure he well deserved the tribute which the Memorial furnishes. I know of the standing which he had at the Bar and the reputation which 155 THE TRIBUTES he gained in the practice of the law, and it was of such a high character as to impress all who knew of his work of the enviable position which he maintained throughout his entire career, I thank you very much for sending me a copy of the Memorial and want to apolo- gize for not having sooner acknowledged its receipt. With assurances of my personal high regard, I am Very truly yours, Feederick E. Wadhams. From The Hon. John Hall Kelly, New Carlisle, Quebec. New Carlisle, P. Q., October 7, 1921. Dear Mr. Auerbach: — There are some things that we read that leave a lasting impression. Your Memorial to the late Mr. Davies has impressed me as few such writ- ings do. I feel the better for having read it and I am sure it will be so with many others. Mr. Davies must have been a great and noble man, otherwise the inspiration 156 TO HIS MEMORY that flows through every line of your work would have been lacking. I thank you for having thought of sending me a copy. Very sincerely yours, John Hall Kelly. From J. V. B. Thayer, New York, N. Y. New York, N. Y., October 7, 1921. Dear Sirs: — Permit me to thank you most cordially for sending me a copy of Mr. Auerbach's beautiful tribute to the memory of the late Julien T. Davies. I read it with deep interest last evening and was so impressed with Mr. Davies' remarkable ability, public spirit and many fine qualities that I was possessed with a feeling of regret that it had not been my good fortune to have had the advantage of knowing him personally and to receive the inspiration that such a man always imparts to those who come within the sphere of his influence. Very truly yours, J. V. B. Thayek. 1S7 THE TRIBUTES From Herbert I. Foster, New York, N. Y. New Yobk, October 7, 1921. My dear Mr. Auerbach: — ^Please accept my most sincere thanks for the Httle vol- ume which you sent me. I did not acknowl- edge its receipt sooner because I wished to read it very carefully in order to be able to express to you my appreciation of the remarkable thought and diction which you have incorporated in the Memorial. With many thanks, I am, Yours very truly, Herbert I. Foster. From Dr. Geo. David Stewart, New York, N. Y. New Yohk, N. Y., October 8, 1921. Dear Mr. Auerbach: — Thank you for a copy of your Memorial to Mr. Davies. I have enjoyed reading it very much indeed. I miss Davies as a neighbor and companion more and more and Great River is not nearly so enjoyable or agreeable since he went away. Renewing my thanks. Yours most sincerely, Geo. David Stewart. 158 TO HIS MEMORY From The Hon. Wade H. Ellis, Washington, D. C. Washington, D. C, October 8, 1931. My dear Mk. Auerbach: — I am just back at the office after several months' vacation, and the first gift to greet me on my return to work, waiting on my desk like some kindly spirit to renew my faith in the virtue of high endeavor, is the little volume in which you have described with such fine taste and felicity the distinguishing char- acteristics, as a lawyer and a citizen, of the late Julien T. Davies. I read the Memorial at once, and then turned to the daily things at hand with something of a quickened purpose and a fresher hold. This incident alone, as noth- ing else I can think of, constitutes a high tribute to the worth of any man — that a review of his life and services being pre- sented to another shall cause the latter "seeing, to take heart again." There are two passages in this book which, to my mind, mark in striking fash- ion the central concept of the story, and 159 THE TRIBUTES bring out in clear relief the sturdy char- acter of him in whose memory it is written. The first of these is your own happy ex- pression: "He had not alone an ardent sense of fidelity to the client, but of honor- able obligation to the court"; and the second occurs in Mr. Davies' tribute to the ideals of the profession, as quoted from his address before the Bar Association of the City of New York, in which he distin- guishes, so aptly, the real lawyer who enjoys the sense of service in his work and prizes the rewards of intellectual achieve- ment, from "the mere broker in legal busi- ness." In these days when success is often emulated above methods, and commercial- ism intrudes its sordid presence into the most sacred precincts, it is stimulating to recall a learned and courageous leader of the Bar whose very life was a protest against any lowering of the standards of the profession he loved. During the last ten or twelve years I had come to know Mr. Davies as the head of one of the busiest offices with which my 160 TO HIS MEMORY own engagements brought me into associa- tion, and I counted it always a great privi- lege, as occasion offered, to put aside the immediate problem before us in order to enjoy the treat of his intellectual compan- ionship. He was never so absorbed in the prose of life as to let its poetry escape; he was never so occupied with facts as to for- feit fancy. Indeed, he probably agreed with Browning's fine line in "The Ring and the Book" that "Fancy with fact is just one fact the more." It was because I knew him thus, though denied the intimate and long acquaintance which you enjoyed, that I can appreciate your reference to Mr. Davies as one who could say with Whitman: "I am afoot with my vision." And so he was — a great lawyer, resourceful in combat, practical and purposeful, but holding always to an idealism that colored every thought and action — his feet upon the earth but his vision ever lifted to the finer heights. In summing up the life you have so 161 THE TJRIBUTES faithfully portrayed, buffeted by honorable conflict, saddened by poignant griefs, and crowned with a sweet and serene nature, there comes an adaptation of Goldsmith's familiar metaphor: "Though round his breast the rolling clouds were spread. Eternal sunshine settled on his head." Very truly yours. Wade H. Ellis. From Churchill H. Cutting, New York, N. Y. New Yohk, N. Y., October 9, 19S1. Dear Mb. Auerbach: — Many thanks for the thoughtful kindness of sending me a copy of your Memorial to Julien T. Davies. I have read it with much interest, since it always is a pleasure to learn of such men and also because it displays your own gra- cious qualities of heart and of mind. With sentiments of high regard, I beg to remain. Most cordially yours, Churchill H. Cutting. 162 TO HIS MEMORY From Mrs. Wm. M. Wood, Prides Crossing, Mass. Pride's Ckossing, Mass., October 10, 19S1. Deak Me. Auerbach: — ^I thank you very mvich for sending me your little Memoir of Mr. Davies. It was most kind of you to remember me. I kave read it with great interest and profit, for it has helped me to understand better one whom I had always admired. You must sadly miss your yokefellow of so many years, yet it must be a great satisfaction to have such a background of rich associations to return to in memory. Thanking you again and with kind re- gards, I am, Sincerely yours, Ellen A. Wood. From Howard E. Rider, New York, N. Y. New York, N. Y., October 10, mi. Dear Mb. Auerbach: — I feel especially favored to be a recipient of your "Memo- rial of a Leader of the Bar" to Mr. Davies. I had a sense of increasing admiration of 163 THE TRIBUTES the man as I turned the pages of this tribute, and it may be permissible to say, a feehng of gratitude to the author. A man of Mr. Davies' type cannot help but be an inspiration to higher ideals to those who knew him intimately, and the expressed appreciation of his qualities put into the hands of those who were not privileged to know him so intimately, increases the hu- man circle touched and benefited by his life. Accept my thanks for being among those favored with a copy of this tribute. Very sincerely, Howard E. Rider. From John B. Pine, New York, N. Y. New York, N. Y., October 10, 1931. Dear Mr. Auerbach: — Permit me to thank you for sending me a copy of your Memorial of Julien T. Davies. As one who knew him well, and greatly admired his fine qualities, I am grateful to you for having written so beautiful and well-de- served tribute to the man. You have done 164 TO HIS MEMORY him no more than justice as a man and as a lawyer, but I wish you could have had before you the sketch of Davies which I wrote for the Alumni News, in which I naturally dwelt upon his unswerving loy- alty and unfailing generosity as an alumnus of Columbia University. In this relation I think that he showed some of his finest qualities, and I feel, as many of our alumni do, that the University, as well as the Bar and the city, should hold him in highest honor. Yours faithfully, John B. Pine. From Judge Chester B. McLaughlin, Albany, N. Y. Albany, N. Y., October 10, 1921. My dear Mb. Auerbach: — I have just finished reading your Memorial of Mr. Davies. It is a splendid tribute, adequately portraying the career of a great lawyer and a citizen of the highest type. As you well know, my relations with him were quite intimate for many years, during 165 THE TRIBUTES which time I enjoyed his good fellowship and learned his sterling qualities. For nearly twenty years, each year brought me an invitation from him to attend on open- ing day for guests, at that delightful place, the South Side Club. On those occasions when we had taken the limited number of fish, we would go to the different ponds or stroll through the woods. I was then charmed by his discourse and comments on the various affairs of life, including many things connected with his profes- sional career. Each year for several years I spent one or two days with him at Great River, where he demonstrated he could shoot as well as fish. My visits with him at the South Side Club and at his own home will always remain bright and pleas- ant spots in my memory. I thank you for sending me a copy of the Memorial and also for so beautifully portray- ing one whose qualities I so much admired, and whose friendship I so highly valued. Yours sincerely, Chester B. McLaughlin. 166 TO HIS MEMORY From Emil Pensel, New York, N. Y. New York, N. Y., October 10, 19S1. Dear Mr. Auerbach: — Having been un- able to see you so that I can thank you in person, please allow me to inform you how much the Memorial of Mr. Davies is appreciated by me. My recollections of Mr. Davies will remain with me always. No finer tribute could be given anyone who knew him than to state he was always considerate and kind. I can recall many of them. Again thanking you for remem- bering me, I remain. Very truly yours, Emil Pensel. From The Hon. L. B. B. Colt, Washington, D. C. Washington, D. C, October U, 1921. My dear Mr. Auerbach: — It was very thoughtful of you to send me your Memo- rial address on Mr. Davies. Your tribute is not only beautiful but true, and I deeply appreciate your remembering me. 167 THE TRIBUTES Witli my warmest personal regards, be- lieve me, Very sincerely yours, L. B. B. Colt. From Solicitor-General James M. Beck, Washington, D. C. Washington, D. C, October 19, 1921. My deab Mr. Auerbach: — I read with deep and sympathetic interest your tribute to your former partner. In this working- day world of ours, it is a pleasant thing to see a man thus remember an honored asso- ciate with whom he has worked for many years. Mr. Davies well deserves your tribute. He was a very learned lawyer, and at the same time was not overweighted by mere book learning; but was able to apply his grasp of the law to practical problems, by reason of his keen insight into the current of affairs and his sympathetic knowledge of his fellow men. He and I were associated for many years on the Board of the Mutual Life 168 TO HIS MEMORY Insurance Company, and the memory of that association and of our comradeship at the Bar of New York will always remain gratefully with me. Yours faithfully, James M. Beck. From Henry A. Whiting, Baltimore, Md. Baltimore, Md., October 20, 1921. My deak Sirs : — I thank you sincerely for your kind courtesy in sending me a copy of Mr. Auerbach's excellent and sympathetic Memorial of my dear classmate Julien Tappan Davies, which I only received a few days ago upon returning from my sum- mer outing in the Catskill Mountains. Even in the young life of our college days this man of ever generous spirit, for whom we now all mourn, stood forth among his fellows for his exceptional talents, his steadfast uprightness, and the charm of his lovable nature. I was not privileged to come again into personal relation with Mr. Davies from the 169 THE TRIBUTES time of our class reunion in June, 1869, until that held in June, 1919, in celebration of the fiftieth anniversary of our gradua- tion, because during that interval my life was cast on the Pacific Coast and in the South. During these long years of our separation, however, I had kept him in friendliest remembrance, and had felt admiration for his fine achievements as word of them came to me from time to time across the wide continent. It was therefore with especial pleasure that I met him again in June, 1919, on the occasion of our semi-centennial class re- union which was brought about chiefly through Davies' own earnest and generous efforts, and which we attended as his guests. At this meeting I was touched by his warm greeting, and by his finely and delicately expressed personal sympathy in the handicap caused by my loss of sight, and of which his sensitive nature was so keenly and generously appreciative. I shall never forget our class reunion with him, in June, 1919, at his beautiful 170 TO HIS MEMORY home on Long Island. That reunion, the last we were to enjoy with him, was a singularly happy one, the memory of which I shall cherish to the end. In the more inti- mate atmosphere of his beautiful home life all the finest and most lovable qualities of his nature found freer and fuller expression and more than ever I felt the charm of his high-minded and gracious personality, and wished that our respective lots in life had not been cast so far apart. To me, who then had knowledge for the first time, through his devoted daughter, of the many and deep sorrows that had come into his life, his brave endurance, and uplifting of spirit were an inspiration. He was one of those rare characters who had made out of his own great griefs a song that was full of high incentive to others. My esteem, moreover, was further heightened by recognition of the way in which he had borne himself in all the long years of professional and material suc- cesses, in the accomplishment of which the strain upon the upbuilding of fine character 171 THE TRIBUTES is so great. He did indeed bring honor to the high profession he so adorned. Again thanking you for Mr. Auerbach's finely appreciative Memorial, every high commendation in which will find an an- swering echo in the hearts of the many who loved and honored this noble man and able leader of a great Bar, I remain, Very sincerely yours, Henry A. Whiting. From Everett P. Wheeler, New York, N. Y. New Yobk, N. Y., October SO, 19S1. Dear Mr. Auerbach: — I have just read with great interest your sketch on Julien T. Davies. It gives as true a picture of the real man as that of his outward form, which is prefixed to your little volume. Of the few surviving founders of the Bar Association he and I were the only two present at the fiftieth anniversary. I lis- tened with great satisfaction to his admi- rable address, from which you have so aptly quoted. I knew his father too and feel that they were both men whose death 172 TO HIS MEMORY was a great loss to the Bar and to the public. Yours faithfully, EVEKETT P. WhEELEB. From W. deF. Haynes, New York, N. Y. New Yohk, N. Y., October SO, 19S1. Dear Mr. Auebbach: — I have somewhat recently returned to town and read your Memorial of Mr. Davies. Of course, I had known of Mr. Davies' eminent position as a lawyer and great talents, and the many high and amiable traits of character, which you so agreeably dwell on, were charming in themselves and calculated to endear him to those who knew him intimately. With a great fondness for the out-of- doors, and where can that be better appre- ciated than from a duck-blind on one of our attractive Long Island marshes, he greatly enjoyed duck shooting, being an excellent shot, as you say, and a keen fish- erman. I am sure, however, that he counted more the opportunity of renewing 173 THE TRIBUTES from time to time his old acquaintance with nature than he did the sports them- selves. Does not this show the nature of the man? Your tribute to him must always be a source of satisfaction to his friends. Many thanks for the copy you have sent me. Sincerely yours, W. deF. Haynes. From F. J. Richmond, Gaspe, Quebec. Gaspe, Quebec, October SI, 19^1. Dear Sir: — Please accept my thanks for the copy of the Memorial of the late Julien T. Davies which you so kindly sent me. Although Mr. Davies was unknown to me I have read the sketch of his life with interest; one cannot but regret when re- flecting upon such careers how unfortunate it is that good and useful members of a community are as a rule shorter lived than the nondesirable class; however, as we are unable to exercise control over the causes 174 TO HIS MEMORY governing life and death, it is simply waste of time speculating concerning them. I remain, Yours sincerely, F. J. Richmond. From Judge G. 0. B. Hasbrouck, Kings- ton, N. Y. Kingston, N. Y., October 22, 19S1. Dear Mb. Auerbach: — No one can read your sketch of the life of Julian T. Davies without a sense of the charming delicacy in which it is expressed and of the aloofness of view which presents so just an estimate. The art of it thrilled me easily for I have sorrowed over the passing of a man whose nature was so sensitive that he could tell me of his friendship without words. Fre- quently he came into the Attorney Gen- eral's oflBce where as a young man I learned to know him. He never traded on my admiration. He appeared always to be standing for the right as he saw it, and when one heard him he was so persuasive that it was difficult not to yield to the 175 THE TRIBUTES magic of his professional mastery. I have whipped the streams where he has sought diversion and invoked the prophets where he has sought the truth. From afar I have marvelled at the many-sided man — mar- velled that one so learned, with such a sense of proportion, so powerful in analysis, so courageous in the fight could yet remain the type so highly commended by Epic- tetus — a modest man. Sincerely yours, G. O. B. Hasbrouck. From Mrs. Frederic H. Hatch, Woodmere, L.I. WooDMEHE, L. I., N. y., October Si, 1921. My dear Mr. Auerbach: — I have just finished reading your Memorial to Mr. Da vies. It has opened a new point of view to me of how truly great the work of a great lawyer can be. It is an inspiration to me for courage and high thinking. Thank you many times for letting me put it in my library. Faithfully yours. May D. Hatch. 176 TO HIS MEMORY From G. W. Bacon, New York, N. Y. New Yoek, N. Y., October Si. 1921. My dear Joe : — Thank you very much for sending me a copy of your tribute to Mr. Davies. It is difficult to preserve, as you have, in the printed word the personality at once so gifted and generous and yet so marked by open simplicity which I came to know in the very first years of my en- gineering work here. As an adviser he was all encompassing and I like to think as a boy from college that my first experience with the constructive processes of the law came as the result of his searching and clear analysis; for me he created a peace time commodity of what as a youngster I had always thought was meant primarily for war. He anticipated the work of the courts through what must have been profound legal groundwork, keeping in the far back- ground sufficient cause for future contro- versy. It is a privilege to be able to preserve the expression of this inspiriting personality 177 THE TRIBUTES which your own gifts and life association have made possible. Sincerely yours, G. W. Bacon. From Frederic H. Hatch, New York, N. Y. New York, N. Y., October S5, 1921. My dear Joe: — ^I very much appreciate the opportunity you have given me of reading JULIEN T. DaVIES Memorial of a Leader of the Bar I feel that to have inspired so fine a tribute from an intimate associate was alone worth while. Yours sincerely, Frederic H. Hatch. From Robert S. Sloan, Woodmere, L. I. WooDMERE, L. I.. October 38, 1921. My dear Joe: — I have read with a great deal of interest your very worthy Memorial to your old friend and associate, Julien Davies. While I was greatly impressed with his character as a man, in my relations with 178 TO HIS MEMORY him professionally, your high esteem of his many virtues, makes me regret that I did not have the opportunity of knowing him more intimately. He undoubtedly inherited from his father. Judge Davies, that charm of man- ner belonging to the old school of gentle- men, which is sadly lacking in the present generation. During the period that I saw him, he was in great anxiety regarding his son, who was ill, and he himself was troubled with a bronchial affection, but he was apparently able to ignore these personal troubles when I went to him for advice and to concentrate his mind on what concerned me. Thanking you for this Memorial, believe me, always, Affectionately yours, RoBEKT S. Sloan. From W. W. Richards, New York, N. Y. New York, October S8, 19S1. Dear Mr. Auerbach: — I have just re- ceived your Memorial of my old friend, 179 THE TRIBUTES Julien T. Davies. Many thanks to you for sending it to me. I don't know anyone else as competent as you to write this Memorial and I anticipate much interest in reading it. Some sixty-five years ago Julien's father said to me: "William, I want to live as long as I have full possession of my facul- ties and a reasonable amount of good health, and no longer." Judge Davies said what most of us feel when we reach old age — as I have. Sincerely yours, W. W. Richards. From Judge Henry Wade Rogers, New York, N. Y. New York, N. Y., October S8, 1921. Gentlemen : — On coming to my Chambers this October, at the close of my vacation, I found the Memorial volume of Julien T, Davies prepared by Mr. Auerbach and sent me with the compliments of your firm. This volume did not come to my notice during the summer — not having been for- warded to me. I desire now to express my appreciation of your courtesy in for- 180 TO HIS MEMORY warding the interesting volume which I have recently read. I never met Mr. Davies but once, but I was impressed at that time by his personal charm and I am, of course, fully informed as to his high standing in the profession in this city. Faithfully yours, Henry Wade Rogers. From James Speyer, New York, N. Y. New York, N. Y., November 3, 1921. My dear Mr. Auerbach : — On my return from Europe, I found the handsome Memorial to Mr. Davies which you were kind enough to send me. I have read it with a great deal of interest. I was very fond of Mr. Davies, and wish to congratu- late you on this very appropriate and beau- tifully written tribute. With many thanks for remembering me, Sincerely yours, James Speyer. From F. L. Hine, New York, N. Y. New York, N. Y., November 3, 1921. Dear Mr. Auerbach: — I thank you for sending me a copy of your Memorial to 181 THE TRIBUTES Mr. Julien T. Davies, for whom I enter- tained great admiration and respect. Your tribute to him is more than deserved and is certainly well phrased. Yours faithfully, F. L. HiNE. From H. K. Knapp, New York, N. Y. New York, N. Y., November 3, 19S1. Dear Joe : — Your tribute to your old part- ner, Julien T. Davies, is manifestly honest. It breathes the sincerity of one who speaks straight from the heart on a subject known to the core. As to Mr. Davies' legal attainments, the world has for years acknowledged their great excellence. To me another quality in him appealed, — the quality of Youth. His mind, so experienced was always a mind filled with the vigor and viewpoint of Youth. This characteristic made him a constant inspiration to those younger or older than himself. Those yomiger felt in him a conscious sympathy; those older felt they were again brought in contact with something they had lost, 182 TO HIS MEMORY The last time I saw Julien Davies, was at the South Side Club. As I came in he grasped me by the hand, gave me a word of good cheer, and passed on with his bass rod in his hand. As he walked away, I wondered that one who so recently had borne so many heavy burdens could bear himself so gallantly. That last picture has remained vivid in my memory and has, I think, helped me to struggle on when the instinct to persevere was none too urgent. Sincerely, H. K. Knapp. From John R. Abney, New York, N. Y. New York, N. Y., November 3, 1921. Dear Sirs: — Please accept my thanks for The Memorial of a Leader of the Bar, which you were good enough to send me. Mr. Davies and I were sometimes on different sides of cases, and our opinions on some questions were quite different. But that did not prevent my appreciation of his many high qualities; and hence I am glad to have this fine tribute to him. Yours sincerely, John R. Abney. 183 THE TRIBUTES From The Rev. J. W. Weyman, Gaspe, Quebec. Gaspe, Quebec, November 6, 1921. Dear Mr. Auerbach: — Pray forgive me for not having written before now to thank you for your kindness in sending me a copy of your "Memorial of JuUen T. Davies." Although my thanks are late, my gratitude is sincere. It was my good fortune to spend a few days with Mr. Davies on the St. John River in 1915, and I think that I shall always remember those days as among the happiest of my life. I have before me as I write a trout fly which Mr. Davies gave me when he said good- by and which I then and there determined not to use but to keep in memory of the giver. It was a real grief to me when I heard from Judge Stevenson of Mr. Davies' death. I am more than glad to have your attractive booklet and to have learned from it more about the life of one whom in the course of a few days' acquaintance I had come to admire and love. Thank you very much indeed. With kind regards, Very sincerely yours, J. W. Weyman. 184 TO HIS MEMORY From James Duane Livingston, New York, N. Y. New York, N. Y., November 7, 19S1. Dear Mr. Auerbach: — I am very grate- ful to you for sending me the copy of your Memorial of Julien T. Davies. It was my privilege to be associated with Mr. Davies in several interesting and im- portant matters connected with Columbia University. I had a very high respect for Mr. Davies and always found him sympathetic with anything that had to do with the advance- ment of Columbia University. I am, therefore, particularly indebted to you for this remembrance. With kind personal regards, I am. Very truly yours, James Duane Livingston. From The Hon. Walter C. Noyes, New York, N. Y. New Yoek, N. Y., November 7, 1921. Dear Mr. Auerbach : — I am much obliged to you for sending me your Memorial of Mr. Davies, which I shall be glad to read. 185 THE TRIBUTES Mr. Davies was a most distinguished member of the Bar and a most interesting man. Sincerely yours, Waltee C. Notes. From John D. Lyons, Monticello, N. Y. MoNTicELLO, N. Y., November 19, 19S1. My deab Mr. Auerbach: — I wish to thank you for the Memorial of Mr. Davies. It is a touching tribute from a fit source. The passing on of Mr. Davies is a loss irreparable to the Bar, but I am sure this Memorial will inspire many to an endeavor to maintain his professional standards. Very sincerely yours, John D. Lyons. From Stuyvesant Fish, Glenclyffe, Garrison, N. Y. GLENCLTrPE, Garrison, N. Y., November 20, 19S1. My dear Mr. Auerbach: — I would long before this have written to thank you for the copy of your address before the Bar Association on the late Mr. Julien T. 188 TO HIS MEMORY Davies, had it not been that at the time your firm sent it to my office, I was very much engaged with the details of another Memorial and therefore laid yours aside for a "convenient season," which has but now arrived. Needless to say I have read it with interest and appreciation and am thankful for the opportunity. Davies graduated from Columbia before I entered, but in the Alumni Association and otherwise, I saw a good deal of him in my early manhood, of course heard much more of him as he rose in the profession of the law, meanwhile seeing more or less of him and the members of his family socially. You have done a good work and rendered a well-deserved tribute. With renewed thanks. Very sincerely yours, Stuyvesant Fish. From Willard Parker Butler, New York, N. Y. New York, N. Y., November SI, 1921. My dear Mr. Auerbach : — I thank you for sending me the reprint of your Memorial 187 THE TRIBUTES of Mr. Davies, reprinted from the Bar Association Year Book. I read it with great pleasure and satis- faction in the Year Book, and now I have reread it, in this attractive form, with even more pleasure. I think you have been most successful in presenting a picture of Mr. Davies' career and his professional achievements, as well as of his delightful personality and beautiful character. I congratulate you on the Memoir, and I am sure it will be appreciated by the members of the Bar, as well as Mr. Davies' many personal friends. My acquaintance with him began in childhood, but my more intimate contact with him came about in the year 1885, when he asked me to come into the case of National Hat-Pouncing Machine Co. v. Thorn, 25 Fed. Rep., 496, to assist him in the preparation of the brief. I shall never forget the pleasure of be- ing associated with him in that case, and the delightful relations which it led to, 188 TO HIS MEMORY which continued up to the time of his death. With renewed thanks, Sincerely yours, WiLLAED PaRKEE BuTLEK. From The Rev. Percy Stickney Grant, New York, N. Y. New York, N. Y., November 21, 1921. Deah Mr. Auerbach: — Mr. Davies greatly impressed me the first time I saw him. I had just come to New York, twenty- eight years ago, and had him pointed out to me at the Century Club, where he was in his shirt sleeves, playing a game of billiards. My informant, an old New Yorker, gave me bits of his history; especially his distinguished professional success on behalf of the Manhattan Rail- way Company, in restricting the amounts reasonably recoverable against it for dam- ages to property abutting on the streets occupied by the Elevated structures, after he had established in the Courts their liability for such damages. 189 THE TRIBUTES I was also attracted by his personal appearance — ^his beauty of head and face — and I was always intrigued by the ease with which he took his professional life — even in the years of his greatest success. I liked, too, in conversation with him the clear way in which he stated his thought. Mr. Davies, although not a large man, had talents ai^d vi^^rlity in such abundance that he did not need explosions from im- patient rudeness, in his dealings with other people, even in difficult business, but could handle matters always quietly and cour- teously and yet successfully. Afterward I came to be greatly touched by the sorrows of his life — the death of Mrs. Davies, the loss of three children, in their youth, and of two grown sons. These sons I knew enough greatly to admire. I felt keenly the shock and the sorrow of their death. I wish it were more of a habit of those close to men of great ability, character and force, even if they themselves are of equal or superior power, to write brief but care- 190 TO HIS MEMORY ful memorials. There should be some especial place for this most precious and intimate form of biography, out of which the future might secure some of its best historical material. There are too many two-volume biographies and not enough brief, straightforward, sincere apprecia- tions, like yours about Mr. Davies. I want to cong ^tulate you again on furnishing a model for a friend's story of a valuable life. Very truly yours, Peecy Stickney Grant. From Judge Benjamin N. Cardozo, New York, N. Y. New York, N. Y., November 25, 1921. Dear Mr. Atjerbach : — Your Memorial of Julien T. Davies is delightful in its grace of form, moving in the currents of deep feeling which one can see beneath its sur- face, and, above all, fitting and inspiring in preserving the tradition of a fine and help- ful life. 191 THE TRIBUTES Mr. Davies was above all other things the lawyer; and as one views the picture of him which you have drawn with so much skill, one gets a new sense of the truth that to be a lawyer, and a loyal and great one, is no narrow thing at all, but an achievement that touches life at many points, and is rich in its opportunity for sacrifice and service. I am sure that he would be glad, if he were here, to have us draw that lesson from his life, and that he would be grateful to you, as am I, for teaching it with such impressiveness and power. Believe me, with high regard, Very faithfully yours, Benjamin N. Cardozo. From The Hon. H. A. Gilder sleeve, New York, N.Y. New Yokk, N. Y., December 7, 19^1. My dear Auerbach: — I thank you for a copy you kindly sent me of your Memorial to Julien T. Davies. I have read it with great interest and satisfaction. It is an 192 TO HIS MEMORY admirable tribute to a lifelong associate and beloved friend. Mr. Davies' virtues were very many ; his successful achievements so numerous and covered such a broad field of endeavor that your task was unusually difficult. The Memorial has the quality of completeness and is free from exaggeration and fulsome eulogy. I congratulate you upon a work of love, done wisely and well. I warmly welcome the opportunity to write you a few lines concerning Mr. Davies as I knew him. I first met Julien about the year 1866 through an introduction by his distin- guished father, long since passed away. His father's life was spared sufficiently long to see his son reach maturity and become one of the leaders of the New York Bar and an exemplary citizen. Our relations soon developed into a close and lasting friendship. I had opportunities to observe his devotion to his clients, his courtesies to his opponents and his marked ability in handling intricate and hotly contested liti- 193 THE TRIBUTES gation. His calmness and self-control en- abled him, on all occasions, to make use of the best that was in him. Through the vision of memory, I can see him now in the days when property owners by the hundreds were seeking damages against the Manhattan Railway in court surrounded by eager lawyers denouncing the road and its counsel, stand cool and unperturbed and in superb manner and forceful utterance proclaim his client's rights. Though not of large stature, he was finely proportioned, erect and of a com- manding figure, luminous eyes, and all in all, a handsome man. He had few equals as an advocate. In logical reasoning, clear and vigorous state- ment I cannot recall an equal at the New York Bar of his day. It gives me great pleasure to confirm what you say of Mr. Davies' diversions. Many a time have I witnessed his dexter- ity as a fisherman and his skill with the shotgun. I have never met a more zealous, genial and companionable sportsman than 194 TO HIS MEMORY Mr. Davies. He was a great lover of nature in all her aspects; the groves, the fields, the streams, the pure air and life-giving sunshine were his delight. As a fellow sportsman his generosity was without limit. He always insisted that I should have the point of vantage in the field and on the stream. He did not place his affections lightly, but once bestowed they were warm and enduring. His memory will be cherished by all who knew him. Very truly yours, H. A. GiLDEHSLEEVE. From F. Stallforth, New York, N. Y. New York, N. Y., December U, 1921. Dear Mr. Auerbach: — I have read with sincere appreciation your beautiful Memo- rial of Julien T. Davies. The fine words which you have chosen express in a noble spirit the profound admiration we all had for the personality of our late friend, who so rightly enjoyed the affection of every- 195 THE TRIBUTES body who knew him. You certainly have justified the remark Governor Miller makes in the Prefatory note: "I know of no one better able to speak of him, his work and high ideals than the author of this Memo- rial." Very sincerely yours, F. Stallforth. From Wm. S. Pettit, Far Rockaway, N. Y. Par Rockaway, N. Y., December H, 19S1. Dear Mr. Auerbach: — I thank you for sending me a copy of your Memorial to Julien T. Davies. Mrs. Pettit and I read the little volume with great interest. No more fitting memorial could be erected to the memory of one of America's foremost lawyers than that which records the un- selfish, noble and fruitful life depicted by an associate and fellow worker. I first became acquainted with Mr. Davies at the Columbia College Alumni meetings fifteen years or more ago. His genial, kindly, sympathetic nature — ^yet 196 TO HIS MEMORY with all his strength of character and sound legal learning — made a lasting impression upon me. Mr. Davies was always an inspiration to us young lawyers, and I for one sought to emulate him. He was so courteous and approachable that we felt that he was one of us; nor did we ever hesitate to ask his advice or guidance, which was so freely given. Mr. Davies' death will cause a void in the local and State Bar Associations, where his logical discussions were always so effec- tive. "He was a man, take him for all in all I shall not look upon his like again." Sincerely, Wm. S. Pettit. From Clarence H. Kelsey, New York, N. Y. New York, N. Y., December 31, 1921. My deab Mr. Auerbach : — This is a very fine Memorial to Mr. Davies which you have prepared and I appreciate your send- 197 THE TRIBUTES ing a copy to me. I shall prize it highly. Of course, I was not associated with Mr. Davies in the same intimate and personal relation that you were, but for more than thirty-seven years I was associated with him in a business way and grew to know his fine qualities and possess, I think, his sincere friendship. We served on commit- tees together and co-operated in many ways. We did not always agree on matters of detail but we always did, I think, on matters of principle. His judgment was sound, his vision clear, and his courage great. He was both lawyer and business man and pre-eminent in both fields. His sudden taking off came as a great shock to me and I felt that I had lost one of the props which throughout practically my whole career had supported me. I wish to add my tribute to the man and the lawyer whose qualities you have set forth so much better than lies in my power. With best wishes. Sincerely yours, Claeence H. Kelsey. 198 TO HIS MEMORY From R. Fulton Cutting New York, N. Y., February 17, . Deae Mr. Auerbach: — ^Your sympathetic tribute to Mr. Davies presents the por- traiture of a singularly lovable personaUty. My relations with him were not intimate; but his genial greeting when we met, and the native faculty of inspiring respect which accompanied his courteous manner, made me value his acquaintance highly. Dignity, with affability, is a winning qual- ity, and there are not many who possess it in the degree of Mr. Davies. In his death the Bar lost an ornament to the profession, and his associates a gifted and cherished friend. Very sincerely yours, R. Fulton Cutting. From Arthur D. Weekes New York, N. Y., March 16, 19SS. My deab Mb. Auerbach: — On my return from a trip abroad I found awaiting me your touching and interesting Memorial of your late partner, Jtdien T. Davies. It 199 THE TRIBUTES brings back to me memories of many years. When I was admitted to the Bar in 1874 I started practice in my father's law firm, Weekes and de Forest, and it was shortly after this that I became acquainted with Julien T. Davies. His firm at that time were doing a very large real-estate business and I met him frequently in this practice. He always treated me with the greatest courtesy and consideration. Of late years we became brother anglers and I saw much of him on beautiful salmon rivers and at the Southside Sportsmen's Club, where we were both members. There is perhaps nothing in our lives more conducive to close intimacy and friendship than fishing. His death was a great shock to me and he will be much missed by many intimate friends. Yours very sincerely, Arthub D. Weekes. From The Hon. Moorfield Storey Boston, Mass., April 11, 19SS. My dear Mr. Auerbach: — I have read your memoir of Julien Davies with very 200 TO HIS MEMORY great interest. You have painted the por- trait of a great lawyer, true to the highest ideals of his profession, bringing to the practice of the law distinguished ability, unswerving fidelity, indefatigable industry and unfailing courtesy; and you have shown him not only a lawyer but a citizen of rare public spirit, ever ready to help when public service was required. Surely no one could ask a better memorial than this which your long and intimate relation with him as friend and partner has enabled you to write. We were almost contemporaries at the Bar and I knew him for fifty years, but our relations were rather social than profes- sional. I knew his charm of manner, but had little opportunity to see him as a lawyer. Once I acted for him in a matter which required attention in Boston, and at the very end of his career I was opposed to him in the final argument of an important case. I cannot therefore venture to add anything to the tributes of his associates at the Bar of New York, but it gives me 201 THE TRIBUTES great pleasure to find my judgment of him so amply confirmed by such witnesses. It is rarely that any lawyer leaves behind him such a reputation. Sincerely yours, MooRFiELD Storey. From Joseph H. Choate, Jr. New York, N. Y., April IS, . My deae Mr. Auerbach: — ^Your Memo- rial of Mr. Davies is an achievement. No form of literary work presents such diffi- culty in the way of avoiding the obvious, the literal, and, at the other end of the scale, the fulsome, as the short sketch of a great private career; and you have made the task seem easy. I recall one incident of Mr. Davies' last years which well illustrates one of his highest qualities — his determination not to sink citizenship in advocacy. Asked by an important client to advise as to a bill before Congress, he was placed in a position in which by directing the immense weight of 202 TO HIS MEMORY the client's influence against the bill he could readily have killed it. The proposed law might, though it probably would not, have hurt his client. Having ascertained so much many lawyers would have spent no further time on the matter, but would have taken the safe course forthwith. Not so Mr. Davies. He studied the bill. Becom- ing convinced of its public value he saw to it that his client became educated in the matter; and with your co-operation de- vised amendments satisfactory to the pro- ponents of the bill, which converted his client from its potential enemy into a powerful supporter. If everyone practiced law in this spirit, what a profession ours would be! Yours very truly, Joseph H. Choate, Jb. From John G. Milhurn New York, N. Y., April 19, 19S2. My dear Auerbach: — Your very beau- tiful tribute to Julien T. Davies is true to the man in all his aspects. As I read it I eo3 THE TRIBUTES felt his presence as if there had been no break in our vivid companionship. Your estimate of him is finely measured and without a note of exaggeration. It was my privilege to know him quite intimately for many years, — at the Bar, in society, and in the intercourse of a warm friendship. His distinction as a lawyer was apparent from the esteem in which he was held. It was the product of the abili- ties, training, experience and attainments manifested in his work in the courts and in his relations with clients as an adviser, and with his fellow lawyers in consulta- tion. I remember my first association with him years ago in a very important and difiicult case and the deep impression his breadth of mind, vision, knowledge of the law, untiring application and unfailing courtesy made upon me. I saw from that experience how justified his high position at the Bar was, and how it was his by right of honorable conquest in the devo- tion of his energies to his profession. I am glad you emphasize the fact that 204 TO HIS MEMORY the standards of a gentleman in the most comprehensive sense were a vital part of his equipment as a lawyer. This was evi- dent in com-t and everywhere — in the lan- guage he wrote and spoke, in the dignity of his manners, in his aims and ideals, and in the traditions which were his by inher- itance and the essence of his education. It is too rare a combination in these days of a vast and miscellaneous Bar. All that you say concerning his spirit of public service and his loyalty to the duties of citizenship is the testimony of his visible record during the fifty years of his active career. It is a significant illustration that he attended the meeting in February, 1920, to commemorate the semi-centenary of the Association of the Bar of the City of New York, and spoke for the founders as one of the few survivors of that honorable body. To have been a founder in his early twen- ties and to have been chosen to deliver the address on their behalf at the commemora- tion ceremonies fifty years later show his prominence in the activities of the Asso- 205 THE TRIBUTES ciation. There is no finer tribute to those^ activities than his own memorable address on that occasion. But the vision of him that endures most intimately with me is as the delightful host at his home on Long Island. He loved the place with all its possibilities of sport and entertainment. I prize the memories of a week-end visit I made him some years ago; the serenity of his life there, the gracious courtesy, the walks and his intimacies with all his possessions, animate and inanimate, the flow of interesting and varied conver- sation, the bountiful table, mainly supplied from the place itself, — all in all the per- fection of hospitality and good-will. We are all deeply grateful to you for your fine Memorial. Sincerely yours, John G. Milbuen. From Presiding Judge, John Proctor Clarke, New York, N. Y., April U, ISaS. My dear Mr. Auerbach: — ^The architect when he passes on leaves behind him a Taj Mahal, a Parthenon, or a St. Peters. 206 TO HIS MEMORY The painter leaves a Sistine Madonna, a Gilder, or a Boy Blue. The sculptor a young David, or a Venus de Milo; the poet a Rubaiyat, a Paradise Lost, or a Re- cessional. By their works ye shall know them. But the art of the actor, the liquid notes of the singer, and the forensic skill of the advocate live only in the memory of those who knew and heard them. So that, in my opinion, in preserving in per- manent form for his friends the character- istics, the professional achievements, the varied interests, the uncomplaining cour- age under the buffetings of fate, the love of outdoors, and the warm personal friend- ships of your friend and partner, Mr. Julien T. Davies, you have not only paid |i.:qaost tender and exquisite tribute to his memory, but you have given a vivid and per- manent picture of the lawyer and the man. I became acquainted with Mr. Davies shortly after I entered the practice of the law in this city, and I last saw him upon the interesting ceremony marking the fiftieth anniversary of the Association of 207 THE TRIBUTES the Bar of the City of New York, upon which occasion we both made addresses. His professional and his private life, his ability, his dignity, and his courtesy represent the highest type of the counselor, the advocate, and the public-spirited citi- zen. He was most fortunate in his memori- alist, and I am grateful to you for sending to me this literary gem. With sincere regards. Very truly yours, John Proctor Clarke. From Chas. F. Choate, Jr. Boston, Mass., April S9, 1922. My dear Mr. Auerbach: — I have read with a great deal of gratification your Memorial on Julien T. Davies. It was my privilege to be associated with Mr. Davies in litigation in Boston some years ago, and that led to a friendship which continued until the end of Mr. Davies' life. He was a most delightful and inspiring senior in the causes in which I was asso- 208 TO HIS MEMORY ciated with him. His long experience and great abihty in the conduct of causes in court were of immense assistance and he was ideal in his relations to junior counsel, desiring them to take the principal re- sponsibility and leaving them free to exer- cise their own ingenuity if they had any, guided by his wise counsel. He was a man of charming courtesy and urbanity in his relations with younger men and left a very strong impression on my mind of strength and wisdom and skill, all tempered with a keen desire to help younger men who might be associated with him. Sincerely yours, Chas. F. Choate, Jr. From Patrick Francis Murphy New York, N. Y., May U, 19SS. Deab Mr. Auerbach : — Out of the fulness of my heart while the impulse is still fresh, let me thank you for having written your tribute to the late Mr. Da vies. He is gone; but your just and eloquent Memorial brings him back to us. He still lives in 209 THE TRIBUTES our hearts — simple, courteous, delightful and unaffected. Your Book will be placed in my library beside other literary gifts of yours, which I have assimilated and quoted. Out of the workshop of the Almighty called Chance, he came, like many great men who shine in our memory. They are the roses in December. Someone said : "God gives us memory so that we might have roses in December." With deep affection, I am, Your friend, Patrick Francis Murphy. From William M. Wood Andovbr, Mass., June 2, 1922. Dear Mr. Auerbach :— You have done a fine thing in picturing Mr. Davies as the fine citizen and devoted friend as well as the distinguished lawyer and man of the world. As one of his admirers and close asso- ciates for many years I thank you for your heartening Memorial. I am in your debt, as are all his friends. Yours very sincerely, Wm. M. Wood. 210 TO HIS MEMORY From Judge Almet F. Jenks New Youk, N. Y., July 19, . My dear Mr, Auerbach : — ^In your own exquisite English you have written but the plain truth of Mr. Davies. His love of law was inherited. His love of justice was innate. With grace and without guile he was a pattern for all lawyers. Even his modesty could not conceal his merit, and so he came to a leadership at our Bar. We give him but his due wh^n we hold him in the highest respect as a lawyer and in the greatest affection as a man. I am, Sincerely yours, Almet F. Jenks. THE END 211