McBride, M. L.

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North Dakota Law Review Volume 17 Number 7 Article 2 1940 A Word to New Lawyers M. L. McBride Follow this and additional works at: https://commons.und.edu/ndlr  Part of the Law Commons Recommended Citation McBride, M. L. (1940) "A Word to New Lawyers," North Dakota Law Review: Vol. 17 : No. 7 , Article 2. Available at: https://commons.und.edu/ndlr/vol17/iss7/2 This Note is brought to you for free and open access by the School of Law at UND Scholarly Commons. It has been accepted for inclusion in North Dakota Law Review by an authorized editor of UND Scholarly Commons. For more information, please contact und.commons@library.und.edu. BAR BRIEFSPUBLISHED MONTHLY AT DICKINSON-BY-STATE BAR ASSOCIATIONOF NORTH DAKOTAM. L. McBride, EditorEntered as Second Class Matter, Dec. 9, 1936, at the Postoffice atDickinson, North Dakota, Under the Act of August 24, 1912.VOL. 17. JUNE, 1941. NO. 7.A WORD TO NEW LAWYERSOnce more the portals of the temple of Law have openedto admit new disciples to the profession.In this materialistic age it is not disinterested ideals, butthe acquisitive instinct that is the mainspring of ambition.Success is measured by the size of accumulations, the incen-tive might be ambition for power, and in recent days this hasassumed additional importance. But the practice of our pro-fession is not just commercial: but has been defined, - "as acalling in life based on specific training and ability, contem-plating public service and differentiating from ordinarybusiness vocation by its subordination of pecuniary returns toefficient service."May you receive inspiration from the foreword of thereport of the Committee on the Canon of Ethics of the Ameri-can Bar Association, - "These Canons and the spirit theybreathe serve to convey a message of hope to every lawyer towhom his profession is something more than a resource formaking a livelihood and who aspires in the practice of it toplay at least a humble role in a great organized movement topromote human welfare and happiness through some approxi-mation to an ideal administration of justice. Like the oldGrand Jury oath that inspired the utterance of Mr. JusticeCardozo, in these Canons 'the word has been proclaimed, tosteady us when we weaken, to tell us that with all the failingsand backslidings, with all the fears and all the prejudices,the spirit is still pure'."May it be your happy lot to win a professional success thatthe world will approve by the yardstick of its own standards,but I counsel you never to abandon the higher ideals of yourprofession.The opportunities we enjoy here in this country shouldserve to remind you that beyond the "work for work's sake,"to dedicate your efforts also to the social ends to justify lifeby higher standards. It is a base thing "to receive favorsand render none."(Continued on next page)152 BAR BRIEFS(Continued from page one)There are few callings more potentially constructive; that offer betteropportunities for great social service - and at a time when the world sogreatly needs it - than the law.On the base of the Gambetta monument in Paris is chiseled the legend;"No one can forbid us the future." So the hour is yours to plot the courseof the coming years as you wish it to be and, through the possibilities andopportunities of a great profession, to strive to make your ideal an actualityfor better or for worse. The wish is the reality; in the thought the wholeof your future is latent. Your individual responsibility for results is thusimplied. In these times and their hard exactions the currency of materialisticideas and false standards will impose a heavy tax upon your perservance.But as thoughts triumph over matter, so will the ideals cherished in thecenter of your hearts triumph in the end over those hours of discourage-ment and moments of doubt which paralyze effort with .whispers of futility.May you thru your efforts serve your God, your country and yourprofession. M. L. McBRIDESecretary.OUR SUPREME COURT HOLDSIn Northern States Power Company, Respt., vs. Board of Railroad Com-missioners, et al, Applts.That the fair value upon which a utility is entitled to earn a return isthe reasonable value of its property used and useful for the service of thepublic at the time it is being so used.That in determining fair value allowance must be made for the increaseor decrease in value of the utility's property from its original cost, unlessthe allowance of the increase will result in a rate which would be unfair tothe public.That in finding fair value, the weight to be given to evidence of histori-cal cost and reconstruction cost depreciated and other evidence must be de-termined in the light of the facts of the case under investigation.That'a rule or precedent which requires that evidence of historical costbe given predominating weight in every case is arbitrary.That where the undisputed evidence of reproduction cost disclosed a sub-stantial increase in the value of the utility's property over its original cost, itwas the duty of the Board of Railroad Commissioners to give considerationand effect to that evidence as a major factor in reaching its finding of fairvalue.That going concern value is a property right which should be consideredin a valuation of a utility's property for rate making purposes.That going concern value as defined in rate cases does not include eithergood will or franchise values.That Section 4609c37, Supplement to the Comp. Laws of N. D. 1913, doesnot prohibit a consideration and allowance of going concern value In comput-ing a utility's rate base.That a utility plant which has a history of continuous profitable opera-tion over a long period of years has a going concern value.That the fact that the depreciation of a utility's property was computedupon the basis of its actual physical condition, rather than upon a salvagebasis, may not be construed as an allowance of going concern value.That where the evidence showed that a utility had a history of continuousprofitable operation, it was the Commission's duty to consider and allow go-ing concern value in determining the fair value of the utility's property.That under the provisions of section 4609c42 Supplement to Comp. Laws1913, the Board of Railroad Commissioners is required to make a finding offact setting forth the amount at which going concern valu6 has been allowed.That in making allowances for operating costs or expenses, it was theduty of the Board of Railroad Commissioners to allow such amounts as in itsjudgment were necessary, but the judgment which the Commission must

A Word to New Lawyers

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A Word to New Lawyers

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