The examination continued in a crowded court till four o’clock and then Judge Stevens sat down. I had done better in this session; but my examiner had caught me in a trap on a moot point in the law of evidence and I could have kicked myself. But Hutchings rose as the senior of my two examiners who had been appointed by the Court, and said simply that now he repeated the opinion he had already had the honor to convey to Judge Bassett, that I was a fit and proper person to practice law in the State of Kansas.
“Judge Stevens”, he added, “has shown us how widely read he is in English common law; but some of us knew that before and in any case his erudition should not be made a purgatory to candidates: it looks”, he went on, “as if he wished to punish Mr. Harris for his superiority to all his classmates in the University.
“Impartial persons in this audience will admit”, he concluded, “that Mr. Harris has come brilliantly out of an exceedingly severe test and I have the pleasant task of proposing, your Honor, that he now be admitted within the Bar, though he may not be able to practice till he becomes a full citizen two years hence.”
Everyone expected that Barker would second this proposal; but while he was rising, Judge Stevens began to speak.
“I desire”, he said, “to second that proposal; and I think I ought to explain why I subjected Mr. Harris to a severe examination in open court. Since I came to Kansas from the State of New York twenty-five years ago, I have been asked a score of times to examine one candidate or another. I always refused: I did not wish to punish Western candidates by putting them against our Eastern standards. But here at long last appears a candidate who has won honor in the University to whom, therefore, a stiff examination in open court can only be a vindication, and accordingly I examined Mr. Harris as if he had been in the State of New York; for surely Kansas too has come of age and its inhabitants cannot wish to be humored as inferiors.
“This whole affair”, he went on, “reminds me of a story told in the east of a dog-fancier. The father lived by breeding and training bull-dogs. One day he got an extraordinarily promising pup and the father and son used to hunker down, shake their arms at the pup and thus encourage him to seize hold of their coat-sleeves and hang on. While engaged in this game once, the bull-pup, grown bold by constant praise, sprang up and seized the father by the nose. Instinctively the old man began to choke him off but the son exclaimed:
“‘Don’t, father, don’t, for God’s sake! it may be hard on you, but it’ll be the making of the pup’. So my examination, I thought, might be hard on Mr. Harris; but it would be the making of him.”
The Court roared and I applauded merrily. Judge Stevens continued: “I desire, however, to show myself not an enemy but a friend of Mr. Harris whom I have known for some years. Mr. Hutchings evidently thinks that Mr. Harris must wait two years in order to become a citizen of the United States. I am glad from my reading of the Statute laws of my country to be able to assure him that Mr. Harris need not wait a day. The law says that if a minor has lived three years in any state, he may on coming of age choose to become a citizen of the United States, and if Mr. Harris chooses to be one of us, he can be admitted at once as a citizen and if your Honor approve, be allowed also to practice law tomorrow.”
He sat down amid great applause, in which I joined most heartily. So on that day I was admitted to practice law as a full-fledged citizen. Unluckily for me, when I asked the Clerk of the Court for my full papers, he gave me the certificate of my admission to practice law in Lawrence, saying that as this could only be given to a citizen, it in itself was sufficient.
Forty odd years later the government of Woodrow Wilson refused to accept this plain proof of my citizenship and thus put me to much trouble by forcing me to get naturalized again!