CHAPTER VCONSTRUCTING THE BRIEF

SUMMARY OF THE SOURCES OF EVIDENCE

1. Personal knowledge.

2. Personal interviews.

3. Personal letters.

4. Current literature.

5. Standard literature.

6. Special documents.

(1) Reports and pamphlets issued by organizations.

(2) Reports and documents issued by the government.

After an acquaintance with the sources of evidence is gained the necessity for some orderly method or system of taking notes becomes apparent. This is the next important step in argumentation. The investigator should not rely upon hismemory. Notes should be taken on every source of evidence discussed in the preceding section. An idea rarely becomes our own until it has been expressed in our own words. As ideas on the subject for discussion occur to the debater’s mind they should be recorded in order that they may be at hand when required. Opinions expressed and information acquired in personal interviews should be recorded either during the interview or immediately after. It is preferable to devote one’s attention exclusively to an interview, and then record the results as soon as possible after its termination. Even the ideas expressed in personal letters and extracts from them should be written down by the student in order that he may have them in convenient form for reference. The futility of reading without taking notes is apparent at first thought. Notes should be taken at the time the reading is done. All important matters of fact and all quotable matters should be recorded during the reading. Even if a particular fact does not appear to bear directly on the phase of the subject under discussion, it should, nevertheless, be recorded. It may later prove to be valuable evidence.

The notes taken should be full and complete. This requirement applies to the substance of the material and not to its form. In most cases the reader should be able to condense the contents of a page into a few words. The point or points which the writer regarded as vital should be grasped by the reader and put down in a brief note. Statistics found in different places should be assembled and reduced to tabular form. The student must not only read, but he must think as well. New ideas, new combinations of circumstances, new relations made evident by grouping facts should all be carefully investigated and noted. Reading should be an intelligent process, not mere drudgery. The reader should assimilate, not merely store up, the knowledge gained from books.

In the recording of evidence the following rules should be strictly observed:

A note-book or large sheets of paper should never be used. To do so is to invite confusion. With several points on one sheet of paper or in a note-book and recorded in the order in which they were found in the reading, the student is not left free to group the ideas or points to form his argument; no classification is possible, and the notes taken become mere masses of material. The best form in which to record material is by the use of the ordinary filing cards which may be obtained at almost any book store. These cards should be about three by five inches in size and of fairly heavy stock. Ruled cards with a red line at the top are the kind most frequently used. If these cards cannot be obtained, small pieces of paper of this same convenient size should be used.

Never put more than one fact or point on the same card. Even though the facts to be recorded are intimately related in their present position, the reader should use a separate card for each. When the investigator is ready to use these facts the relation may be unimportant or may be entirely changed by the manner in which he wishes to use them. One statement may be used to support one argument, while another may be used to support an entirely separate argument. Furthermore, when this material is utilized in constructing the brief, the student must be left free to arrange his material in the most logical manner. To put more than one point on a card greatly hampers this work.

The handling of these cards becomes a very awkward process if writing is placed on both sides. Otherwise theprocess is simplicity itself. To depart from this rule in a single instance may involve the loss of an important point of evidence. This point may remain forgotten on the back of a card used frequently.

In the reading, an idea should be considered only in its relation to the reader’s present purpose. When this view is taken the condensation of lengthy articles into a few terse expressions becomes an easy matter. Moreover, it trains the reader to grasp the point, and to express that point in the simplest and most direct manner. This training enables the reader to cover a much wider field than would otherwise be possible.

By a strict application of Rule 4 the student ought soon to acquire such facility in condensation that each card will be complete in itself. It is very awkward to have one idea or point written on several cards. When such an arrangement cannot be avoided the cards should, of course, be lettered or numbered to indicate their proper order. These cards should be placed by themselves in company with other like series and kept separate from the single cards. Some manner of distinguishing such series of cards should be devised. The first series which it is necessary to make in order to record a complete point, or idea, or argument may be marked A1, A2, A3, etc. The second series may be marked B1, B2, B3, etc. While this method may be adopted in unusual cases, the general rule should seldom be departed from. By diligent efforts at intelligent condensation, almost every point, idea, fact, or argument may be put upon a single card. The observance of this rule will insure a good command ofthe material on the part of the investigator and will reduce the evidence to convenient form.

The same rule should apply to the use of quotations. Seldom if ever should a lengthy quotation be used. If some passages are especially clear and forcible they should be quoted exactly and put in quotation marks. Omissions should be indicated by the use of dots, thus: ... Condensations by the student, included in the quotation, or any comments or explanations, should be enclosed in brackets, [thus].

In some cases a single word or phrase may be sufficient to indicate the argument to which the refutation is intended to apply, but in most cases this argument should be indicated fully by means of a complete statement. This condensing of the arguments of the opposition into brief, intelligible statements will also be of great use when the material is put into either the main argument or the rebuttal.

The subject stated at the top of the card should represent exactly the subject-matter on the card. If this subject-matter comes clearly under one of the main issues which the analysis has revealed this main issue may be stated at the top of the card as its subject. If, however, the student is unable to determine exactly under what main issue the fact recorded on the card will come, he should state a subject at the top of the card which will indicate precisely the material found upon it. The classification of the card can then be left to a later part of the process. In investigating a subject in which the main issues have been determined to be (1) Necessity, (2) Practicability, and (3) Justice, a card which states one of the evils which the proposed plan is designed to remedyshould not be marked “Justice;” it should be marked “Necessity,” because it is this particular evil and like evils which make the adoption of the proposed measure necessary.

If the card relates to some special topic that the main issue is too broad to identify, then that special topic and not the broad main issue should be stated at the top of the card. For example, a card coming under Necessity may still more appropriately be classed under Political Influence, because that title more nearly indicates the evidence stated on the card. Therefore the subject should be Political Influence. Later, when the cards are being used in the construction of the brief, this card may be placed with others under the title Political Influence and then all the cards under this topic placed with those covering other topics under the head of Necessity.

This should be done at the time the cards are written out. Otherwise the reference when wanted, either cannot be found or can be found only with great loss of time. The exact reference is important not only to show definitely the source of authority from which the evidence is taken, but also to enable the student to return to the same source for further details in case they become necessary. In the case of a letter or a personal interview the name of the authority consulted should be given together with the date of the letter or the time and place of the interview. A magazine article should be referred to by the name of the magazine, with the volume and page. The name of the writer should also be given unless the article is an editorial, in which case that fact should be stated. A report or document in several volumes should be quoted by volume and page. Books should be referred to by their author, title, and page.

The following diagram shows the form in which evidence should be recorded:

For example, a student in preparing for a class debate on the tariff question handed in a number of cards on the necessity for protection, of which the following is a sample:

SUMMARY OF THE REQUIREMENTS FOR RECORDING EVIDENCE

1. Use small cards or sheets of paper of a uniform size.

2. Place only one fact or point on each card.

3. Write only on one side of the card.

4. Express the idea to be put on the card in the simplest and most direct terms.

5. Each card should be complete in itself.

6. Material for refutation should be preceded at the top of the card by an exact statement of the argument to be refuted.

7. The main issues or subjects to which the evidence relates should be stated at the top of the card.

8. The source from which the evidence is taken should be definitely stated at the bottom of the card.

All the reliable evidence obtainable should be collected before the selection of the exact evidence which is to go into the argument is begun. If the student has confined his collecting to the sources of evidence suggested in the first section of this chapter, the presumption will be in favor of its reliability. This presumption may be strengthened and in some instances turned into certainty by a selection made in accordance with the rules which it is the object of this section to present.

It is of the utmost importance that a large amount of evidence from which to construct the brief and argument be available. It is only in this way that the strongest evidence obtainable can be brought to the support of the argument. All the evidence used must be relevant but not all the evidence that is relevant need be used. The following rules should be observed in the selection of evidence:

All the evidence collected must have back of it some reliable source, as indicated in the discussion of Sources of Authority. The more trustworthy this source the more valuable is the evidence and the greater the weight given to it. Therefore “the evidence must come from the most reliable source to which it can be traced.” Every fact offered in evidence comes from some definite source. If this source cannot be found the fact should be discarded as worthless.To illustrate, in the investigation of a subject, a fellow-student may know some fact which is a most important piece of evidence in your favor. He may tell you about this fact, but you would not think of going into the debate and quoting one of your fellow-students as authority. Therefore you will at once ask the student from what source he obtained knowledge of the fact. He may reply that he has seen it in a newspaper article. But since a newspaper is usually of little value as an authority, you cannot rely upon its statement. Therefore you inquire from what source the newspaper obtained it. By consulting the newspaper it is found that the statement is made in an editorial which comments upon an article found in theNorth American Review. You must then consult the number of theNorth American Reviewto which reference is made. This is fairly reliable, and anyone would feel justified in quoting it as the source of his evidence, although he would not feel justified in quoting the statement of a fellow-student or the statement of a newspaper.

If the statement is one which is an opinion of the editor of theNorth American Review, or if for any other reason it cannot be traced back of this source,North American Review, volume and page, should be quoted as the source of the evidence. But suppose that the statement can be traced to its original source. To be more concrete, let us assume that the statement is to the effect that there is a surplus of over one million dollars in the United States treasury. For such a statement theNorth American Reviewis not the most reliable source. In this case the most reliable source is theReport of the Treasurer of the United States, which can be found in almost any library. When this fact is located the student should make an exact statement of the amount of the surplus and refer to theReport of the United States Treasurer.

Thus the fact to be used is traced through the statementof a fellow-student, through the editorial in the newspaper, through the article in theNorth American Review, back to its original and trustworthy source—theReport of the Treasurer of the United States. In this manner every fact presented must be traced to its most trustworthy source. In quoting the opinions of individuals the same principle should be applied. The greater the learning, ability, and reputation of the person quoted, the greater is the weight attached to his opinions.

In almost every branch of human endeavor and in every field of knowledge there are a few men who possess especial ability. By common consensus of opinion these men are regarded as authorities and their statements of fact or judgment are accepted as the most trustworthy. For example, the statements of Ely, Seligman, and Seager in the field of economics, and the statements of J. P. Morgan, and Andrew Carnegie in the field of industry and finance, are regarded as good authority. In chemistry the statements of Dr. Ira Remsen would be considered good, while in regard to psychology one could do no better than to quote the opinions of Hugo Münsterberg. Regarding the wireless telegraph, Marconi would be the most reliable source, while in the field of aërial navigation the opinion of the Wright brothers could be quoted as the most reliable. Instances of reputable sources of evidence could be cited sufficient in number to cover many pages, but the few here suggested will serve to illustrate the class of authority to which all points of evidence should be traced.

In the preceding section reliable sources of evidence have been indicated in a general way. It is, however, by no meanspossible in the treatment of all subjects to cite authorities so universally accepted. The opinions of persons who are not known to the general public may be given weight by means of their official position, their special work or investigation in any line, or by the favorable statements of recognized authorities regarding them or their work. As previously suggested,Who’s Who in America, is a storehouse of information regarding such people.

An opinion or even a statement of fact is not likely to be looked upon with favor unless it comes from an unprejudiced source. It is not so much the question of actual prejudice existing in the mind of the person quoted as it is the surrounding circumstances which would naturally tend to cause prejudice. For example, the statement of John D. Rockefeller, in regard to the beneficent effect of monopolies on trade and commerce, might be perfectly sincere, but since John D. Rockefeller has a financial interest in the maintaining of a monopoly, it would not be advisable to quote his statements in their favor. Such statements are not only easily refuted but they lack weight because they do not appear to come from an unprejudiced source. In like manner the President of the Brewers’ Association would not be accepted as authority on any matter connected with the prohibition of the liquor traffic. From the very circumstance of his position he is presumed to be prejudiced against such prohibition. The person cited as authority should have no financial interest in the subject on which he is quoted. He should be in a position to be unprejudiced.

The person quoted as authority must be in full possession of all the necessary facts. Very often this knowledge of facts may be presumed from the position which the authority occupies. The Secretary of the Navy is presumed to be in full possession of all the general facts concerning his department. The captain of a battleship would be presumed toknow all the essential facts in regard to his ship. An engineer on the Panama Canal would be presumed to be in a position to know, and actually to know, facts connected with the duties of his position. The authority quoted must be in full possession of the facts which he is quoted to prove, or upon which his opinion is based.

Regarding the capability of an authority to give expert evidence much has been said. It is well to remember, however, that the opinion of fact or judgment must be in the field of the authority’s professional knowledge. The most eminent chemist in the United States would not be considered proper authority on an economic question; much less would the most eminent economist be considered good authority on some problem in chemistry. The President of the United States might be quoted as the highest authority on the political situation, while his opinion on some technical problem of engineering would fall before a counter opinion by an eminent engineer. In quoting an authority to establish an important point in evidence it is often advisable to show directly that he is unprejudiced, in full possession of the facts, and capable of giving expert testimony.

It often happens that evidence which is good in itself is given still greater weight by some special circumstances. The law recognizes and gives much weight to “Declarations against Interest,” and such declarations are as valuable in argumentation as in law. A declaration against interest is a statement of fact or opinion made by a party before the subject became a matter of controversy, which statement is now against the interest of the person making it. To illustrate, let us suppose that John D. Rockefeller had made a statement opposing the formation of monopolies. At present he wishesto argue in favor of monopolies. The statement which he previously made and which was an expression against monopolies now becomes a “declaration against interest.” Likewise any statement made in regard to a subject before the party making it becomes interested therein financially may be used against him when the matter becomes one of controversy and he wishes to take a different position.

Of equal value is the opinion frankly expressed, by one whose personal interests are opposed to the statement made. Such statements are sometimes made by public spirited men in the interests of right and justice. An illustration in point is that of the banker who admitted that the postal savings bank would be a benefit to the people at large, although he recognized the fact that it would injure the business of the private banker, a class to which he himself belonged. Such statements are of the utmost importance when they come from leading members of the class against which they constitute admissions. Statements made by persons who express their views in accordance with what appears to them to be right and without the knowledge that they are talking against their own interests may likewise be used as admissions. Such were the statements of a citizen who favored the building of an elevated railroad in his city. He believed that such a highway would relieve the congested condition of the streets and thus benefit the public. When the route for the proposed road was definitely located he found that it would result in irreparable damage to his private business. Although he at once changed his view on the subject, his previous admissions were used against him with such effect that his new arguments had no weight in the final determination of the matter.

It very often happens that a well known authority frequently used by the opponents of a proposition has changed his opinions or expressed himself more definitely in such away as to favor the speaker’s contentions. Advantage should always be taken of such a state of affairs. It is a most strategic move to be able to quote an opponent’s authority against him. One should be sure, however, that the authority quoted is such as will be accepted. Otherwise it is better to attack the validity of this authority.

The above suggestions and illustrations are offered purely by way of inducing the student to keep a sharp lookout for points in his favor. There are many ways in which the attendant circumstances may be used to give greater weight to the evidence offered.

An advocate of any cause, public or private, must have as a basis for his argument a genuine regard for right and justice. Therefore he is bound to exercise due care in making sure that the selection of evidence is fair and reasonable. No one who argues can gain any permanent advantage from the use of unfair methods. In using quotations from authority be sure that the words used indicate exactly the position of that authority. By skillful omissions a reputable authority may be made to defend almost any position. In the use of statistics the temptation to juggle is sometimes strong. Statistics, by skillful combinations and omissions, can be made to prove an absolute lie. In discussing the income from a kind of state tax which is utilized in all the most important states in the Union, the student who selected the states of Nevada, South Dakota, and Rhode Island to show that the income derived from the tax was a substantial source of revenue, must have succeeded only in proving to his audience that he had had great difficulty in finding states in which the tax had proved to be a success. Had he been able to produce statistics to show that Massachusetts, New York, Pennsylvania, Ohio, Illinois and other large and populousstates were using his form of taxation with success, his chance of persuading his hearers would have been incalculably increased.

Not only must evidence be fairly selected but it must be reasonable as well. No statement which is contrary to the usual experience of the individuals addressed should be made unless it is based upon indisputable authority. Facts outside the pale of usual human experience are always regarded with distrust. Abnormal conditions, such as the existence of unusual misery or vice among certain classes, oppression, glaring social, industrial, or political evils, must always be kept within the bounds of possibility and based upon reliable authority. The temptation is often strong to cite instances on account of their sensational character and the probable striking effect upon the audience or readers. Such material is sometimes very important, but if it even approaches the border of impossibility it should be fortified by the strongest evidence.

The value of certain evidence may be greatly increased if it can be shown to be reasonable. If surrounding circumstances can be introduced to show that the evidence is either cause or effect and therefore something naturally to be expected under the conditions stated, it will be accepted almost without question. All evidence should be carefully considered from the two standpoints of fairness and reasonableness. To offer unfair evidence is dishonorable. It is the method of the swindler and the trickster. It is especially reprehensible in the student of argumentation, whose first duty is to uphold the truth.

Argument implies opposition. It may not be active opposition, it may be only passive. Arguments advanced forthe purpose of inducing a change meet conservatism, prejudice, and the natural feeling of distrust with which any change is contemplated. These obstacles to success must be met squarely. It is by this means alone that they can be overcome. In the analysis of the question the necessity of finding the main contentions on both sides was made plain. We have now reached a point at which these contentions become of great importance. The arguments of the opposition must never be disregarded. Many important advantages besides the economy of time and material, come from the selection of such evidence as will uphold the constructive argument and at the same time overthrow the opposition. The selection and rejection of evidence must be determined from this standpoint.

In presenting an argument the writer or speaker must not always rely upon his own judgment as the criterion of the value of evidence. He must take the standpoint of those who are to hear or read. This attitude presupposes that the evidence offered is reliable. If a speaker or writer knows that evidence presented is unreliable but will nevertheless be accepted by his auditors or readers, he is perpetrating a fraud if he offers it. That reliable evidence which is most likely to appeal to those before whom it is to be placed should be selected. The arguer should put himself in the position of the persons to be persuaded, and ask himself the question, “What evidence would most strongly appeal to me and induce me to believe and act in the manner desired if I were the person to be persuaded?” The accuracy with which the advocate can perform this feat often measures his success. It requires the highest order of constructive imagination. He must view his position with all the prejudices and preconceivedideas, as well as the personal interests, of the persons to be persuaded. He must, for the time being, lose his character as an advocate and assume that of the reader or hearer.

In quoting opinions of authority this attitude of mind becomes most important. If the argument is to be addressed to an individual, the opinion or action should be cited of some person in whom that individual reposes confidence. If you wish to persuade John Jones to follow a certain course of action, and you are aware that his most intimate friend and the one to whom he looks as a model of discretion and good judgment is Smith, you can do no better than to quote the opinion of Smith, if Smith has expressed himself as favoring your contentions or if he has followed the course of action which you desire Jones to follow.

In addressing an organization of workmen it is effective to quote the opinions of their high officials in whom they repose trust and confidence. Likewise in addressing the members of any trade, profession, business, religious faith, or political party, the opinions of persons high in their particular field of endeavor may always be quoted. Sources of authority with which the audience is likely to be in sympathy should be especially emphasized.

In selecting evidence with which to prove the truth or falsity of a proposition too much care cannot be exercised. The foregoing rules should be adhered to strictly. They should assert themselves automatically. It is not enough for the student to have these rules of argumentation so well in mind that he can recite them in class and give them when asked for in an examination; he should have them so well in mind that they become a part of the argumentative process. If these rules can be remembered only with difficulty they will not be used, because it would involve too much trouble to stop and apply each rule to every fact and opinion offeredin evidence. After the rules are thoroughly mastered, a half-hour’s practice in their application will serve to fix the habit of judicious selection of evidence so well in mind that the process will become automatic.

These suggestions in regard to the rules for selecting evidence apply with equal aptness to all other rules in this book. The person who wishes to become a master of argumentation must be able to command the rules of the art.

SUMMARY OF RULES FOR SELECTING EVIDENCE

1. The evidence must come from the most reliable source to which it can be traced.

2. A person quoted as authority must be unprejudiced, in full possession of the facts, and capable of giving expert testimony on the point at issue.

3. The evidence should be examined to determine whether there are any attendant circumstances which will add to its weight.

4. The selection of evidence must be fair and reasonable.

5. The position and arguments of the opposition should be taken into consideration.

6. That evidence which will appeal most strongly to those to whom the argument is to be addressed should be selected.

The investigator must not stop collecting evidence until he has amassed a sufficient amount to prove his proposition. Naturally the question is at once asked, “What is the amount of evidence required to prove a proposition?” To answer this question in a satisfactory manner some careful thought is required. Since we are regarding argumentation as a practical art, and since when we consider it in this way we must conclude that its end is action, we are forced to admit that the amount of evidence is not sufficient unless it actually produces the result aimed at,—namely, the action of the person or persons addressed in a manner which conforms tothe wishes of the arguer. It is therefore plain that the amount of evidence required varies with individual cases. The arguer must consider the importance of the question to those to whom the argument is addressed, as well as their prejudices and personal interests. He must consider these things in their relation to the present situation and then determine the amount of evidence in accordance with what his judgment tells him is required. If the argument is to be passed upon by judges whose duty it is to reach a conclusion but who are not personally interested in the result, the following rule may be applied:Sufficient evidence must be produced to satisfy an unprejudiced mind beyond a reasonable doubt.

In relying upon the above rule we must eliminate prejudice, personal interest, and results terminating in active or prolonged action. Therefore if prejudice or personal interest exists in any particular case, the first duty is to remove this prejudice or nullify the personal interest. If active or prolonged action is desired evidence sufficient in amount to induce this action must be produced. With these two limitations the rule stated above may be accepted as the measure of the amount of evidence required. There are, of course, some facts which may be presented without relying upon any special evidence or authority for their truth. All facts which are matters of common knowledge come within this class. Geographical facts, such as the fact that Boston, New York, and Savannah are seaports; historical facts, such as the fact that Alaska was purchased from Russia; political facts, such as the fact that the Southern States are largely adherents of the Democratic Party; and things which must have happened in the ordinary course of nature, such as the presumed death of a person born two hundred years ago, all may be stated without evidence to support them.

In determining the amount of evidence to be offered it is sometimes necessary to consider the different sources fromwhich it is derived. Care should be taken not to place too great reliance upon one source. For example, in a debate on the prohibition question one speaker quoted statistics from a bulletin issued by the Anti-Saloon League, he relied for proof of his facts upon a committee report of the Anti-Saloon League, he offered the opinion of the President of the Anti-Saloon League, and finally quoted from the argument of a lawyer who is employed by the Anti-Saloon League. Aside from the charge of prejudice which might be made against this evidence, it is readily seen that too much reliance is placed in one authority. It might well be termed “an Anti-Saloon League argument.” No person is willing to accept some other person’s opinion or evidence in preference to his own, but if a number of authorities have arrived at substantially the same conclusion, or can offer evidence which points to the same conclusion, and there has been no collusion between them, any reasonable person will give such conclusions his most serious consideration. Furthermore, if the speaker or writer indicates that his evidence comes from various sources, it inspires confidence in his words, since the variety of the evidence offered indicates that the investigation has been broad and thorough.

The process of collecting evidence set forth in this chapter may be used in other fields besides that of argumentation. Every individual has frequent occasion to collect evidence regarding certain subjects connected with his business or occupation. Whatever the occasion for investigation the method of collecting evidence herein presented can be used to great advantage.

The student of argumentation is cautioned to follow explicitly the directions contained in this chapter. All the available sources of evidence should be consulted. The rules regarding the recording of evidence should be adhered to strictly. The recorded evidence should be carefullystudied, with the view of determining its relative importance, according to the rules laid down for the selection of evidence. The student should feel satisfied in his own mind that he has secured an amount of evidence sufficient to establish each main issue. Then after these tasks are completed he can turn his attention to the next great step in argumentation,—the Construction of the Brief.

EXERCISES IN COLLECTING EVIDENCE

1. Make out a list of topics under which you would look for material on the following propositions:

a. The United States should impose a tariff for revenue only.

b. The United States should provide for an immediate increase in the navy.

c. Intercollegiate football should be abolished.

d. Children under fourteen years of age should be prohibited by law from working in factories.

e. Marriage and divorce should be controlled by Federal law.

2. What sources of evidence would you consult in regard to each of the above propositions? State one or more items (books, magazine articles, persons, or documents) under each source.

3. Write out and hand in for inspection ten cards on one of the above propositions. These cards should show the application of all the rules given for recording evidence.

4. Apply to these cards the rules to be observed in selecting evidence. Does any one of these cards or any combination of the cards show evidence sufficient in amount to prove any one contention?

CHAPTER VCONSTRUCTING THE BRIEF

The construction of a brief is a most interesting task, for the bringing of order out of chaos always gives a thrill of satisfaction to the active thinker. It indicates the mastery of the human mind over material facts and conditions. In this as in all other spheres of endeavor the joy of victory possesses him who overcomes.

The work of constructing a brief is usually looked upon by the uninitiated with considerable apprehension. It is regarded as a most difficult task, and so it is. But the difficulty of the task is greatly overshadowed by the pleasure which may be derived from it, providing the preliminary work has been done thoroughly. Every step in the argumentative process up to this point must have been taken with diligence. If this work has been well done the student finds himself in the possession of a large amount of evidence. The analysis of the proposition and the collecting of the evidence have given the student a broad outlook over the field to be covered by the brief. Now, to get the most comprehensive view of this field, he must look at it from the standpoint of the Purpose of the Brief.

The purpose of the brief is to furnish a solid framework for the argument. It indicates definitely the path which the argument is to follow. It maps out a continuous course of procedure ending at the conclusion which it is the purpose of the argument to establish. To develop one of the abovefigures of speech still further, we may regard the brief as the framework of the vehicle which carries the argument along the straight road which leads to persuasion.

The brief enables the writer or speaker to present his arguments in logical order, to indicate the relation which the evidence bears to the arguments, and to give unity and coherence to the finished product. Without a well constructed brief an argument will inevitably be more or less rambling and incoherent; with a well constructed brief each piece of evidence can be utilized in the place where it will do the most good. The facts of evidence can be arranged in climactic order and the proper proportion given to the completed structure. By keeping these objects in mind the work of building a brief out of the evidence collected may be intelligently begun.

The work of constructing the brief should be begun with all the evidence, which has been collected and recorded on cards or slips of paper, ready at hand. By this time the investigator has probably determined whether he wishes to make any alteration in his original analysis. If any alterations seem advisable they should be made before proceeding.

The analysis of the question reveals the main issues. In order to make the work of construction as simple as possible let us suppose that the evidence has been collected on the affirmative of the following proposition: “Resolved, that all cities in the United States having a population of over 5000 should adopt the commission form of city government.” The analysis of the question has shown that in order to establish the truth of this proposition it is necessary to prove these three main issues: (1) That the proposed plan is necessary, (2) That the proposed plan is good in theory, and (3)That the proposed plan works well in practice. Each of these three main issues should be written on a separate piece of paper, an extra slip of paper should be marked “Introduction,” and still another “Refutation.” These five slips of paper should be spread out on a table and the work of classifying the cards begun. All cards containing facts or opinions which show the necessity for the plan should be placed on the paper marked “The proposed plan is necessary,” those dealing with theory should be placed on the paper marked “The proposed plan is good in theory,” and those dealing with the practical side of the question should be placed on the paper marked “The proposed plan works well in practice.” To be more concrete, suppose we have one card which contains a statement from the mayor of Galveston, Texas, in which he says that the commission form of city government has worked successfully in that city; another card on which are statistics showing that the practical operation of the commission plan in Des Moines, Iowa, has resulted in reducing the governmental expenses of that city; and still another card which shows that Grand Rapids, Michigan, has successfully used the commission form of city government for ten years. All of these cards would, of course, be placed under the heading “The proposed plan works well in practice.” Cards treating the origin, history, and other matters discussed in the analysis of the question should be placed under “Introduction,” while cards containing material for refutation should be placed under “Refutation.”

Sometimes there will arise a question as to which of two heads most properly includes the material on a particular card. In such a case the student must use his best judgment. If the point is very important and the doubt great, a duplicate card may be made out and one card placed under each heading. Then when the brief is being written out a moreintelligent decision can be made. Such difficulties as this, however, are infrequent, providing proper care has been taken in making the analysis of the question. The main issues should be distinct from each other and the line of demarcation between them should be clear cut. If this requirement is complied with, the classification of the cards in the manner above described is a comparatively simple matter.

Now that the cards have been divided, each pile can be more easily studied than could the large original pile. A half-hour spent in arranging and rearranging the cards and in reading them over in various connections will yield more information regarding the way in which the argument should be put together than a whole day spent in unaided pondering.

The cards should be examined with the object in view of making a subdivision of the material under each main issue. To illustrate, an examination of the cards under the first main issue above discussed, viz. “That the proposed plan of city government is necessary,” reveals the fact that this main issue “necessity” may be discussed under three heads: (1) Political necessity, (2) Social necessity, (3) Financial necessity. Now we proceed to divide the pack of cards on necessity into three parts, corresponding to the above division. This is done in the same manner in which the original pack was divided into five packs. Each of these smaller packs should then be carefully examined in order to determine whether a further subdivision is advisable. The process should be continued until all the recorded evidence is classified. Then each pack of cards should be carefully labelled with the name of the subdivision to which it belongs, and kept, with its fellows of the same subdivision, under the division to which they belong, and all the members of each division should be kept under the main issue to which they belong.The student must in the same way make himself familiar with, and classify, the cards under the headings of “Introduction” and “Refutation.” Next comes the task of arranging these groups of cards in their proper order. In making this arrangement two principles should be kept constantly in mind. In the first place the order of arrangement must be logical; in the second place the divisions should be arranged in climactic order wherever possible. The strongest argument should be put last unless there is an important logical objection to putting it in that position. In arranging the order of the main issues above discussed, “necessity” should be placed first, because the necessity for a thing paves the way for its adoption. It is the logical beginning. Theory should be placed second, and last of all the argument “practice,” because nothing can constitute a stronger argument in favor of the adoption of a plan than to show that it has already worked well in many instances. This arrangement is not only the climactic order, but from the psychological standpoint it makes the strongest impression. The process of arranging groups in their logical order should be carried on until the cards comprising the smallest group are placed in what appears to be the order dictated by logical sequence and climactic effect.

After the evidence has been duly arranged in accordance with the method just explained, the task of writing out the brief formally may be commenced.

The three parts of the brief, Introduction, Proof, and Conclusion, should bear a well regulated proportion to each other. The tendency of the beginner is to make the introduction too long: a two page introduction to a three pagebrief is absurd. The proof should occupy by far the greater part of the brief, the introduction should be as compact as is consistent with its purpose, and the conclusion should be shorter than the introduction.

The sentences of the brief must be grammatically correct. Each idea should be carefully thought out and presented in a short, simple, direct, and comprehensive sentence, for long and complicated sentences lead to ambiguity. Moreover, the sentence must contain but one central idea, which must be stated completely. Mere topics are not sufficient. The word “Practicable” should not be made to represent the entire statement that “The commission form of city government is practicable,” but the complete statement should be written out.

Every statement in the brief must stand either directly or indirectly as a reason for the truth of the proposition. If a statement stands as direct proof of the proposition, this fact must be indicated; if as indirect, this fact must also be indicated. The statements which stand as direct proof should be marked with the same kind of symbols and indented in the same way. This enables the reader to glance over the brief and see the main issues standing out distinctly from the subordinate statements.

The system of symbols used is immaterial, providing they serve the purpose above indicated. For the sake of uniformity, however, it is suggested that the student adhere to the following plan:

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