Chapter II · (continued 2)

In the making of this preliminary statement and to a certain extent in the framing of the main issues, it is convenient and advisable, wherever both sides of the question are to be presented in arguments, whether in writing or in debate, for the two parties to work together. In this working together they should aim to agree on as many points as possible. If they meet in a carping and unyielding temper, the result will be in the end that the patience of the audience will be tried and its attention dispersed by lengthy arguments on preliminary details. In making an argument one should never forget, even in school and college work, that the aim of all argument is to produce agreement. Few people have much interest in a contest in smartness; and it is a bad habit to care too much about the mere beating of an opponent on a question where there are real and serious issues. Any question which is worth arguing at all will have far more ground to cover, even when everything possible has been granted by both sides, than the average student can cover with any thoroughness.

Notebook. Enter those of the essential facts and definitions in the case which would be agreed to by both sides, and which are needed for an understanding of the brief.

Illustration. Agreed Statement of Facts. For many years the tax rate in Wytown has been high, and in the last ten years has not fallen below twenty-four dollars on one thousand dollars. The city water supply is of doubtful purity, and nothing has been done to improve it, chiefly because the city debt is now close to the limit allowed by law. The police service has been inadequate, especially in the region known as South Corner. Though two hundred thousand dollars have been spent on the streets in the last five years, the main street of the city is still unpaved, and none of the other streets are macadamized. Though under the local option law the city has uniformly voted for no license, yet there is much liquor selling. The city officials have regularly been nominated at Democratic and republican conventions.

The question has arisen at the present time because of quarrels between the mayor and aldermen, because of the petition of the city government to the legislature to issue bonds for new waterworks above the authorized debt limit, because the tax rate last year was higher than ever before in the history of the city, and because of the formation of a citizens' association which has been instrumental in securing from the legislature a bill authorizing the citizens to vote on the adoption of the proposed plan.

Points which are not discussed here will be taken up in succeeding papers.

The definitions on page 70 are to be taken as part of this agreed statement.

EXERCISES

1. Criticize the following sentences for their fitness as parts of introductions to briefs:

a. It is agreed that the commission form of government has succeeded in Des Moines because it is simple and easily controlled by the people.

b. Summer baseball is to be understood as playing baseball for money, for a man who is given his board and lodging by a hotel for playing is taking the equivalent of money.

c. (As one of the contentions for the affirmative on the question whether a street railroad should be compelled to build a certain new line, which would not be immediately profitable.) The convenience of the public should be considered before large dividends, since the public grants the franchise.

2. Make an agreed statement of facts for an argument on one of the subjects in the list on pages 10-12.

NOTE. This is a good exercise for class use: let the different members of the class propose facts to be agreed on, and then put them before the rest of the class for criticism.

23. Arrangement of Material. For the arrangement of the material in a brief, it is not possible to give much general advice, since this arrangement would change with the space allotted to the argument, and especially with the audience. On this point knowledge of your readers, of their acquaintance with the subject, and of their prepossessions will count as much as knowledge of the subject when you come to the arguments of practical life.

In general, if your audience is likely to be lukewarm or indifferent, begin with a point which will stir them up. In the argument on the introduction of commission government into Wytown, for which I have constructed a brief, I assumed that the citizens were already aroused to the need of some change, and therefore began by showing that the evils of the present administration can be traced chiefly to the present system of government. If I had assumed that the people needed first to be aroused to believing a change to be necessary, I should have put at the beginning an exposure of the corruption and inefficiency of the present city government, with specific cases to establish the point.

Likewise for the close of your argument be sure that you have a strong and effective point. In the case of commission government for Wytown, by refuting the objection that too much power is given to the councilmen I provide a chance to show at the same time how completely the commission government keeps the control in the hands of the people; and the latter point is the strongest that can be made for the commission form of government.

24. The Place of the Refutation. The place of the refutation and its extent also differ greatly with the audience. Sometimes it may occupy practically the whole space. A few years ago The Outlook published an editorial opposing a change in the laws of New York relating to vivisection (for a part of it, see p. 44), in which it refuted the two arguments urged for the change, and then pointed out that the burden of proof still rested on the other side. Here the refutation occupied almost the whole of the argument. Huxley, in his three "Lectures on Evolution," of which the first is printed on page 233, gave the whole of this first lecture to a refutation of the alternative theories of the origin of plants and animals; since it was necessary to dispose of accepted theories before the new theory could get a hearing, he put his refutation first.

Where there are no such special reasons, it is safe to follow the principle that you should not draw more attention than necessary to the arguments on the other side. Refutation of less important statements and contentions will naturally come at the point of the argument which deals with that part of the subject. State them fairly always, but do not magnify their importance by dealing with them at too great length.

It is not often wise to lump the refutation at the end of your argument. The last impression on your audience is the strongest: it is good strategy to keep it for your own best points. Sometimes, as in the brief worked out on page 90, it is possible to combine the refutation with positive argument which will be effective; but do not forget that negative argument makes much less impression than that which is positive and constructive.

25. The Brief Proper. We have seen on page 47 that the brief is in essence a statement of the logical framework of your argument. Its purpose is to lay out your reasoning in such a way that you can scrutinize each link and make sure that each assertion and each group of assertions is attached to a firm support. For this reason the brief for a written or spoken argument is best thrown into the form of tabulated statements marked with a series of numbers and letters which will show at a glance the exact place of each statement or assertion in the whole system of reasoning. When you can thus, as it were, strip your argument to its bones and tendons, you can go ahead with the confidence that your reasoning is logically coherent.

When you get out into the world you will work out your own way of making briefs for any arguments that fate imposes on you. The value of practice now is in being able to get at the work then without wasting time. The rules below are offered to you as the result of long experiment and study lay the best authorities. Moreover, if you are working in a class you should remember that you will get a great deal more out of your teacher if you save his time by sticking closely to uniformity in outward form.

I shall first show how a brief is constructed, by following through part of the process for the argument on the introduction of commission into Wytown; then I shall give the rules, with some explanation of their working and of their practical expediency.

We have just seen that the brief is essentially a display of the logical framework of the argument: it should consist, therefore, of the main contentions in support of the proposition, with the reasons urged in support of these contentions, and of the facts and reasons brought forward in support of these reasons, this successive support of reasons being carried down to ultimate facts, wherever possible.

When you come to the working out of your brief you start with your main issues, stated now as assertions. Then for each of them you give one or more reasons.

In the brief for introducing commission government into Wytown, let us start with the main issues for the affirmative, transforming them from questions into assertions. The first main issue would then read:

The admitted inefficiency of the city government at present is due to the system of government.

The next step is to assign reasons for making this assertion. Accordingly we should add a "since" or a "for" to the assertion, and then underneath arrange these reasons in order. Let us suppose that we put down three reasons:

I. The admitted inefficiency of the city government at present is due to the system of government; for

A. Partisan politics determine nominations to office;

B. Advantageous contracts cannot be made;

C. The responsibility for expenditures is scattered.

Each of these assertions clearly needs to be supported before it will be accepted. Let us follow out the support of the first one, and set down here the reasons and facts which will make it incontestable.

A. Partisan politics determine nominations to office; for

1. The organization of the national parties is permanent.

2. There has been bargaining between parties to reward political services with city offices.

Of these points the first is an obvious fact; in the argument it will need only slight development and specification to make its bearing on the case effective. The second, on the other hand, must be supported by evidence; and in the brief, accordingly, we should refer to the facts as stated in newspapers of specified dates from which full quotation would be made in the argument. Here then, in both cases, though in different ways, we get down to the bed rock of fact on which the reasoning is built up. At the same time, each joint in the framework of the reasoning has been laid bare, so that no weak place can escape detection. These are always the two main objects of making a brief—to get down to the facts on which the reasoning is built up, and to display every essential step in the reasoning.

26. Rules for Briefing. The rules given below are divided into two groups: those in the first group deal chiefly with the form of the brief; those in the second go more to the substance; but the distinction between the two groups is far from being absolute.

I

1. A brief may be divided into three parts: the Introduction, the Proof, the Conclusion. Of these the Introduction should contain noncontentious matter, and the Conclusion should be a restatement of the proposition, with a bare summary of the main issues in affirmative (or negative) form.

The introduction has already been dealt with at length (see pp. 48-81). The conclusion brings the main points of the argument together, and gives an effect of workmanlike completeness to the brief. It should never introduce new points.

2. In the Introduction keep each step of the analysis by itself, and indicate the several parts by such headings as "The following terms need definition," "The following facts are agreed on," "The following points will be left out of consideration in this argument" "The chief contentions on the two sides are as follows," "The main issues on which the argument will be made are as follows."

It is not to be expected that all these steps, with the appropriate headings, will be necessary in every brief. The only use of a brief is to aid you to construct a specific argument, and you must consider each case by itself.

3. Follow a uniform system of numbering throughout, so that each number or letter used will show whether the statement is one of the main supports of your case, or in what degree it is subordinated.

In other words, the numbering should show at a glance whether a given assertion is a main reason, a reason for a reason, or in still more subordinate degree of support. The system of numbering in the brief on page 90 is convenient. Whatever system is adopted, it should be followed by the whole class.

4. The refutation should have a distinct set of symbols.

These symbols may well be uniform with the others, but with the prime mark to distinguish them (see p. 93).

5. In briefing the refutation always state first the assertion that is to be refuted, with such connectives as, "Although it is urged ..., yet the contention is unsound, for ...," "Although the case is cited, ... yet the case is irrelevant, for ..."

These connectives will vary with the nature of the assertion to be refuted; the important thing is to state the assertion so clearly that your critic can judge the relevancy and force of your refutation. (For examples, see pp. 91-93.)

II

6. A brief in all its parts should be phrased in complete sentences; mere topics are of no value.

In the brief on page 90, if the headings under I were "A. Party politics, B. Waste in contracts, C. No responsibility for expenditures," neither the maker of the brief nor the critic of it could know with any certainty the course of the reasoning. It is undoubtedly true that many lawyers and other men of affairs use only topic heads when they are planning an argument; but it is to be remembered that they are men who have been training their powers of thought in hard earnest, and their ability to work out and stick to a train of reasoning with so little written aid has not much bearing on what is the best practice for young men who are in the process of gaining this ability. To make a full outline of the reasoning in a few arguments is the best way to get the sense for logical and coherent structure.

7. Each heading should contain a single assertion only.

The reason for this rule is obvious: if under each assertion you are going to set the reasons for that assertion, you will get into trouble if your assertion is double-headed, since what is a reason for one part of it may not be a reason for another. If in the brief on page 90 heading I B should read, "Advantageous contracts cannot be made, and the responsibility for expenditures is scattered," subheading I C 2, "Accounts are submitted to separate committees of the two boards in which no members have special responsibility," would have nothing to do with the making of contracts, and subheading I B 1, "Contracts must be passed on by both aldermen and common councilmen and the mayor," would have nothing to do with expenditures.

8. In the body of the brief the assertions should be arranged as follows: Each main heading should embody one of the main issues as stated in the Introduction; and each of the subordinate assertions should stand as a reason for the assertion to which it is subordinate. The connective between an assertion and one subordinate to it will therefore be for, since, or because, or the like, not hence or therefore, or the like.

A brief thus arranged lays out the reasoning in a complete and easily scrutinized form. Thus in the brief on page 90 for the assertion in the first main issue, "The admitted inefficiency, of the city government at present is due to the system of government," three chief reasons are given: A. "Partisan politics determine nominations to office," B. "Advantageous contracts cannot be made," and C. "The responsibility for expenditures is scattered." Then for each of these secondary assertions reasons in support are adduced; thus for B. "Advantageous contracts cannot be made," the reasons are I. "Contracts must be passed on separately by aldermen, common councilmen, and the mayor," and 2. "Bargains are made between the aldermen representing different wards." In this case final references are given for each of these subordinate assertions, so that we get down to the ultimate foundation of verifiable fact on which the argument is to be built up.

The advantage of this form is that if you have set down several assertions as reasons for another, and you are doubtful whether they all belong there, you can test them separately by putting them one by one after the main assertion they are intended to support with a "for" or a "since" between.

You put the assertion first and the reason for it afterwards, because when there is more than one reason in support, if you have the reason first you must then repeat the assertion with each reason, or run the risk of confusion. If under I in the brief on page go, for example, you began with the reason, "In the present system partisan politics determine nominations to office," and then added the result, "Therefore the city government is inefficient," you would have to repeat the result with B and C; and when you came to the third degree of support, the repetition would be intolerably clumsy and confusing.

9. Headings and subheadings should not have more than one numbering.

The reason for this rule is also obvious: each heading or subheading marks a step in the argument, and what belongs on one step cannot be on another at the same time. In the brief on page 90 the assertion that "Partisan politics determine nominations to office" is stated as a chief reason for the assertion in the first main issue, that "The admitted inefficiency of the city government at present is due to the system of government." It would confuse a reader to mark it A I, as if it wore a support also in the second degree.

10. The brief should give references to the evidence or authorities relied on to support assertions.

General references to articles and books which will be constantly referred to should be put at the beginning of the brief. References to specific statements of fact or quotations of opinion should be added as they occur in the brief (see the brief on p. 90).

EXERCISES

1. Criticize the following portion of a brief:

This college should have a longer Christmas vacation, for

I. College life tends to break up family life;

A. Father and son;

B. Younger brothers and sisters;

C. Intimate friends.

2. Criticize the following detached portions of a brief on the proposition,

This city should double its appropriation for the public library, and amend them if necessary:

a. II. The funds for the purchase of books are insufficient and the staff is inadequate.

b. B. The reading room is crowded to suffocation, therefore

1. Many people avoid the library.

c. III. Those who oppose the increased appropriation declare that A. The library is a luxury for the rich; hence

1. The rich should support it; but

2. This is not true, for

a. Most of the borrowers of books are people of moderate means; therefore

b. The city should support the library.

d. IV. A. The city is able to double the appropriation; for

1. It has spent largely for parks,

a. Which are also for the pleasure and improvement of the citizens;

b. Hence it can pay for additions to the library.

e. VI. It is not true

A. That the readers want only recent fiction and that they should buy these books for themselves; for

1. They mostly are not able to buy books; hence

2. They should be encouraged to read other books.

3. Give an example of an argument and an audience where it would be necessary to put the refutation first; of one in which it would be necessary to stir up the interest of readers at the start.

4. Suggest methods for gaining the interest of the readers in the last case.

SPECIMEN BRIEF

Wytown should adopt a commission government like that of Des Moines, Iowa.

General references: C.R. Woodruff, City Government by Commission. New York, 1911; J.J. Hamilton, The Dethronement of the City Boss, New York, 1910; City newspapers of various dates; draft of proposed charter, published by the Citizens' Association.

(The successive steps of the introduction will be found on pp. 43, 53, 70, 74-75, 76-77, 79-80.)

I. The admitted inefficiency of the city government at present is due to the system of government; for

A. Partisan politics determine nominations to office; since

1. The organization of the national parties is permanent, and that of any citizens' movement temporary.

2. There has been bargaining between the parties to reward political services by city offices. Daily papers, March 12-20, 1909; March 3-15, 1910.

B. Advantageous contracts cannot be made; for

1. Contracts must be passed on separately by aldermen, common councilmen, and the mayor. Present city charter, sections 19-21.

2. Bargains are made between the aldermen representing different wards. Daily papers, October 3, 1908; January 25, 1910.

C. The responsibility for expenditures is scattered; for

1. Heads of departments are responsible to the two boards and not to the mayor. Present city charter, section 15.

2. Accounts are submitted to separate committees of the two boards in which no members have special responsibility. Present city charter, sections 22-23.

II. The adoption of the plan will result in important economies; for

A. The administration of city affairs will be made simpler; since

1. The councilmen will both lay out the work and be responsible for the execution of it. Draft or charter, sections 5 and 13.

2. Plans for work in all departments will be considered together.

3. A small body with full powers can make better bargains than two larger ones acting independently.

B. The plan has resulted in economies where it has been tried; for

1. In Des Moines, Iowa, the first year under the new charter showed a relative saving of $182,949.65 as compared with the year before. C. R. Woodruff, as cited, p. 250.

2. In Haverhill, Massachusetts, in the first year of commission government a deficit of $79,452 was turned into a surplus of $36,511, after paying off indebtedness to the extent of $133,000. C. R. Woodruff, as cited, p. 278.

1'. Though a despatch in a daily paper (April 3, 1911) declares that the city of Haverhill has been forced to borrow, yet the report is untrustworthy without further evidence; for

a'. In itself it is contradictory and confused; and

b'. It is known that professional politicians and other enemies of the plan have often spread false reports about it. McClure's Magazine, Vol. XXXV, p. 107.

III. The adoption of the plan will result in more efficient service to the city; for

A. A better class of citizens will be drawn into office; for

1. City officials can plan and carry out their policies without petty interference;

2. In Cedar Rapids, Iowa, the commission, employed a civic-service expert, and carried out his recommendations. J. J. Hamilton, as cited, p. 180.

3. In Galveston, Texas, citizens of a better grade have taken office, and the tone of the city administration has been raised. W. B. Munro, in The Chautauquan, Vol. LI, p. 110.

B. Commission government has resulted in better administration where it has been tried; for

1. Galveston and Houston, Texas, Des Moines and Cedar Rapids, Iowa, have all reported better police administration, improvements in streets and parks, more advantageous dealings with public-service corporations. C. J. Woodruff, as cited, pp. 242-287.

2. No city which has tried the plan has yet given it up. C. J. Woodruff, as cited, p. 310.

1'. Although Chelsea, Massachusetts, is cited as having given up a commission government, yet the case is not parallel, since

a'. The commission under which the city had lived was appointed by the governor after a disastrous conflagration; and

b'. The form of government substituted has most of the essential features of the: commission government except the size of the council, which has four members elected at large, and five by district.

IV'. Although it is urged that the corrupt element in politics would have unlimited power if they should capture the commission, yet the direct responsibility to the citizens will be a safeguard for the enlarged power, for

A'. Every act of the city government will be known; since under the charter—sections 24, 25, 29, 33—

1'. The meetings of the council will be public.

2'. All resolutions are to be in writing and recorded.

3'. All votes are to be recorded.

4'. An itemized statement of receipts and expenditures must be printed and distributed every month.

5'. Ordinances making contracts or granting franchises must be published one week before final passage, and on petition may be referred to the people.

6'. In Des Moines under the new charter the newspapers give much space to the doings of the city government. McClure's Magazine, Vol. XXXV, p. 101.

B'. The provisions for a recall will be a check on corrupt officials; for

1'. In Des Moines a chief of police was retired on the suggestion of a recall for the commissioner who was responsible for his appointment. McClure's Magazine, Vol. XXXV, p. 101.

2'. In Seattle a mayor who made terms with the vicious element, and was in league with public service corporations, was recalled. Daily papers, March, 1911.

CONCLUSION.

Wytown should adopt a commission government like that of Des Moines; since

A. The admitted inefficiency of the city government at present is due to the system of government;

B. The adoption of the plan will result in important economies;

C. The adoption of the plan will result in more efficient service to the city; and

D. The direct responsibility of the mayor and councilmen to the citizens will be a safeguard for the increased power given to them.