Chapter 9

THE DISCUSSION--BRIEF-DRAWING

The second division of a brief, corresponding to the second division of a complete argument, is called the _discussion_. In this part of his brief the arguer logically arranges all the evidence and reasoning that he wishes to use in establishing or overthrowing his proposition. Illustrative material, rhetorical embellishment, and other forms of persuasion that may enter into the finished argument are omitted, but the real proof is complete in the brief.

There are two possible systems of arranging proof. For the sake of convenience they may be called the "because" method and the "therefore" method. These methods derive their names from the connectives that are used. When the "because" method is used, the proof follows the statement being established, and is connected to this statement with some such word as: _as_, _because_, _for_, or _since_. To illustrate:--

I. Expenses at a country college are less than at a city college, _because_

A. At the country college room rent is cheaper.

B. Table board costs less.

C. Amusement places are less numerous.

Under the "therefore" method, the proof precedes the statement being established; the connectives are _hence_ and _therefore_. The previous argument arranged in this form would read as follows:--

A. Since room rent is cheaper at the country college than at the city college, and

B. Since table board costs less, and

C. Since amusement places are less numerous, _therefore_.

I. Expenses at a country college are less than at a city college.

The student should always use the "because" method of arrangement. It is preferable to the "therefore" method since it affords a much easier apprehension of the argument advanced. If the reader of the brief has the conclusion in his mind at the very start, he can test the strength and adequacy of the proof very quickly, and can, perhaps, the first time he reads the argument form an opinion as to its worth. But he will almost always have difficulty in grasping the significance of evidence and reasoning before he knows what the proof is expected to prove. The "therefore" method usually obliges a careful reasoner, after finally reaching the conclusion, to go over the whole proof a second time.

To assist the student in carrying out the proper arrangement of his proof, two rules have been formulated. One rule deals with main headings, the headings marked with the Roman numerals; the other deals with subordinate headings.

Rule IX. _Phrase each principal statement in the discussion so that it will read as a reason for the truth or the falsity of the proposition_.

Rule X. _Phrase each subordinate statement in the discussion so that it will read as a reason for the truth of the statement to which it is subordinate. The connectives to be used are: as, because, for, and since_.

In connection with the first of these rules, notice that principal headings read as reasons for the truth or the falsity of the proposition. Obviously they read as reasons for the truth if the brief is on the affirmative side, and for the falsity if the brief is on the negative side. Headings and subheadings should always be supported, not demolished.

The error of making unsupported statements in a complete argument has already been discussed. Assertion in a brief is equally faulty. To insure belief, all statements must rest ultimately either upon the testimony of witnesses or upon statements admitted to be true.

Notice how unconvincing is the following portion of a brief:--

Proposition--American cities should own and operate all street-car lines within their limits.

I. The present system of operating street-car lines is efficient, for

A. The street-car service in the United States is the best in the world.

B. Street-car fare in the United States is remarkably low.

The insertion of testimony, however, to substantiate A and B turns this bit of brief into excellent proof.

I. The present system of operating street-car lines is efficient, for

A. The street-car service in the United States is the best in the world, because

1. It is best in respect to extent, since

a. James W. Garner says that England has less than a quarter of the street-car facilities found in the United States. (Dial, Feb. 1908, p. 20.)

b. In 1902, two hundred and ninety-five communities in the United Kingdom of from 8,000 to 25,000 inhabitants were without street cars; while in the United States there were only twenty-one such communities. (Municipal and Private Operation of Public Utilities, W. J. Clark, Vol. I, p. 445.)

2. It is best in regard to equipment and accommodation, since

a. The cars are the best equipped in the world. (Ibid.)

b. The cars are run with shorter intervals between them than anywhere else in the world. (Ibid.)

B. The fare in the United States is remarkably low, because

1. Although the fare in Glasgow, a leading exponent of municipal ownership, is but twopence, yet it will carry one only eight miles; but five cents in New York will carry one fifty miles.

Rule XI. _Make no unsupported statements unless they are generally admitted to be true_.

It has already been shown that the arguer must reveal to his audience the sources from which he gathered his evidence. If he gained certain information from magazines, he should state definitely the name, the volume, and the page; if he gained his information elsewhere, he should be equally explicit. Since this knowledge of the source of the evidence is essential to the success of the proof, a statement of the sources is a part of the work of conviction. Accordingly, these sources must be stated in the brief as well as in the expanded argument. Thus the rule:--

Rule XII. _After all evidence state in parentheses the source from which it came_.

In addition to establishing the side of the proposition which it advocates, a good brief almost invariably refutes the main arguments of the opposite side. The way in which this refutation is expressed is very important. A brief on the affirmative side of the proposition, "_Resolved_, That the Panama canal should be built at sea-level," would be weak and ludicrous, if, when answering the argument for the negative that the cost of a sea-level canal would be enormous, it should contain the following reasoning:--

The Panama Canal should be built at sea-level, (for) I. The cost would not be much greater than for a lock canal.

One might think from this statement that the drawer of the brief considered the contention that the sea-level type would cost a little though not much more than the other type, a positive argument in favor of the sea-level canal. In reality it is nothing of the sort. The arguer is merely trying to destroy his opponent's argument to the effect that expense is an obstacle in the way of the sea-level type. This refutation should be expressed in such a manner as to show that it is refutation and not positive proof. It might well read something like this:--

The Panama Canal should be built at sea-level, (for) I. The contention of the negative that a sea-level canal would cost enormously more than a lock-canal is unsound, since,

A. Etc.

Notice that this form of refutation states clearly the argument to be answered. No doubt can arise from such a statement as to the direction the argument is taking; no confusion can occur between refutation and positive proof. Hence the rule:--

Rule XIII. _Phrase refutation so that the argument to be answered is clearly stated_.

THE CONCLUSION.

As there is but one rule for brief-drawing that applies to the conclusion, it may well be given at this point. The purpose and the value of this rule are so apparent that no explanation is necessary.

Rule XIV. _Put into the conclusion a summary of the essential points established in the discussion_.

RULES FOR BRIEF-DRAWING.

GENERAL RULES.

I. _Divide the brief into three parts, and mark them respectively, Introduction, Discussion, and Conclusion_.

II. _Express each idea in the brief in the form of a complete statement_.

III. _Make in each statement only a single assertion_.

IV. _Make each statement as concise as is consistent with clearness_.

V. _Indicate the relation between statements by indentation and by the use of symbols_.

VI. _Mark each statement with only one symbol_.

RULES FOR THE INTRODUCTION.

VII. _Put into the introduction sufficient explanation for a complete understanding of the discussion. This explanation usually involves (a) a definition of terms, (b) an explanation of the meaning of the proposition, (c) a statement of the issues, and (d) the partition_.

VIII. _Put into the introduction only statements admitted by both sides_.

RULES FOR THE DISCUSSION.

IX. _Phrase each principal statement in the discussion so that it will read as a reason for the truth or the falsity of the proposition_.

X. _Phrase each subordinate statement in the discussion so that it will read as a reason for the truth of the statement to which it is subordinate. The connectives to be used are: as, because, for, and since_.

XI. _Make no unsupported statements unless they are generally admitted to be true_.

XII. _After all evidence state in parentheses the source from which it came_.

XIII. _Phrase refutation so that the argument to be answered is clearly stated_.

RULE FOR THE CONCLUSION.

XIV. _Put into the conclusion a summary of the essential points established in the discussion_.

MODEL BRIEF.

_Resolved_, That immigration to the United States should be further restricted by an educational test.

AFFIRMATIVE BRIEF.

INTRODUCTION.

I. The question of further restricting immigration to the United States by an educational test gains in importance from the alleged impairment of American institutions and standards by immigration.

II. The following explanations will aid in the discussion of the question:--

A. Immigration to the United States means the migrating of people into the United States for the purpose of permanent residence. (Century Dictionary.)

B. The restrictive measures now in force are as follows:--

1. Idiots, insane persons, paupers, convicts, diseased persons, anarchists, polygamists, women for immoral purposes, assisted aliens, contract laborers, and the Chinese are excluded. (Statutes of the United States.)

2. A head tax of four dollars is imposed. (Ibid.)

C. The proposed restrictive measure is as follows:--

1. Every immigrant to the United States between the ages of fifteen and fifty must be able to read and write a few sentences of some language. (Congressional Record, Vol. XXVIII, page 5421.).

III. The points to be determined seem to be:--

A. Is there a need for further restriction of immigration?

B. If there is such a need, would the educational test accomplish this further restriction in a proper manner?

DISCUSSION.

I. There is great need for further restriction of immigration, because

A. The character of the immigrants since 1880 has greatly changed for the worse, for

1. Before 1880 most of the immigrants were earnest, energetic people from northern and western Europe. (International Encyclopaedia, under Immigration.)

2. At the present time seventy and one-half per cent. of the total number of immigrants are from the unenergetic people of southern and eastern Europe. (Ibid.)

3. More immigrants have become paupers than was formerly the case, for

a. Prior to 1880 there were comparatively few paupers among the immigrants. (Ibid.)

b. At present the percentage of pauperism among the foreigners here is four times as great as among the natives. (Ibid.)

4. While the Germans, English, and other immigrants from northern Europe who came here before 1880 were moral and upright, the present immigrants from southern Europe have a low code of morals, for

a. The moral degeneracy of the races of southern Europe is well known. (Henry Rood, Forum, Vol. XIV, page 116.)

5. Crime among foreigners in this country has increased immensely, for

a. In 1905 twenty-eight per cent, of our criminals were of foreign birth. (Report of the Commissioner-General of Immigration for 1905.)

6. Illiteracy among immigrants has greatly increased, for

a. In 1905 the percentage of illiterates of foreign birth was twenty-six. (Ibid.)

b. Many of the present immigrants are illiterates from southern Italy. (S. E. Moffett, Review of Reviews, Vol. 28, page 55.)

B. The condition of the cities and especially of their slum districts is alarming, for

1. The number of immigrants is increasing astonishingly, inasmuch as,

a. 8,385 immigrants arrived in 1820.

b. 788,992 immigrants arrived in 1882.

c. 1,026,499 immigrants arrived in 1905. (Report of Commissioner-General of Immigration, 1905. page 42.)

2. Two-thirds of the total number of immigrants in 1902 settled in the cities. (Editorial in Outlook, Vol. LXXI, page 154.)

3. These congested districts foster unsanitary conditions, physical degeneration, and crime. (Deputy Clerk of Children's Court, New York City, North American Review, Vol. CLXXIX, page 731.)

4. Charitable organizations are unable to cope with the problems in congested districts, for

a. The number of immigrants is increasing too rapidly. (Report of Commissioner-General of Immigration, 1905.)

C. The present immigration is politically harmful, for

1. Immigrants of the kind that are now coming in do not make good citizens, because

a. They are indifferent to civic manners, for

1'. They cannot appreciate the spirit of American government, as has previously been shown.

b. They are easily influenced in all political affairs by pecuniary persuasion, for

1'. Their sole object in this country is to acquire wealth. (Prescott F. Hall, Secretary of the Immigration Restriction League, Annals of American Academy, Vol. XXIV, page 172.)

D. The number of immigrants is too great to be assimilated properly, since

1. Most of the immigrants are extremely clannish, for

a. "Little Italies," "Little Hungaries," and "Ghettos," exist in great numbers and size throughout the United States. (Henry Rood, Forum, Vol. XIV, page 114.)

2. Most of the immigrants never try to learn the English language, for

a. They have no need for it, since

1'. They seldom come in contact with English-speaking people. (Ibid.)

3. Their tendency is not to become citizens, for

a. Thirty-one per cent. of the immigrants return home after having been here a few years. (Report of the Commissioner-General of Immigration, 1905.)

b. Those who remain cannot for the most part appreciate our government, for

1'. They have been continually trodden upon in their home countries.

2'. They have had no opportunity to interest themselves in government. (N. S. Shaler, Atlantic Monthly, Vol. LXXI, page 646.)

4. The argument that because we were able to assimilate the immigrants in the past we shall be able to do so in the future, is unsound, for

a. The character of the present immigrants has changed, as shown previously.

b. In the future we may expect a much larger immigration. (Prescott F. Hall, Annals of American Academy, Vol. XXIV, page 172.)

E. Immigrants lower the standards of American labor, because

1. They create harmful competition, since

a. More immigrants are coming now than we really need, for

I'. In 1906 at least 200,000 aliens came here who were of no use whatever. (Commissioner of Immigration for New York, Popular Science Monthly, Vol. LXVI, page 175.)

b. They work for lower wages than do Americans, for

1'. They are able to live more cheaply. (Henry Rood, Ibid.)

2'. They place a lower value on their labor. (T. V. Powderly, North American Review, Vol. CXLVII, page 165.)

2. They tend to destroy the independence of the American laborer, for

a. They work under conditions that no American laborer will tolerate, for

1'. They create degrading forms of employment. (W. H. Wilkins, Nineteenth Century, Vol. XXX, page 588.)

b. Their selfish desires keep them from organizing with American laborers for protection.

II. The educational test would accomplish the further restriction of immigration in a proper manner, for

A. It would change the character of the immigrants for the better, since

1. It would keep out the unenergetic races of southern and eastern Europe, because

a. Ninety-three per cent, of illiterates come from southern and eastern Europe. (International Encyclopaedia, under Immigration.)

2. It would decrease the amount of pauperism, for

a. The southern Italians, who are the most illiterate, produce the most pauperism. (Ibid.)

3. It would raise the standard of morality, since

a. Ignorance is closely coupled with immorality, for

1'. The southern Italians have a very low standard of living in the United States. (Henry Rood, Forum, Vol. XIV, page 116.)

b. The educational test would exclude such people.

4. It would decrease the amount of crime, for

a. It would keep out most of the immigrants from southern Europe, for

1'. Ninety-three per cent, of the illiterates come from this source.

b. The criminal tendencies of people from southern Europe are well known. (Henry Rood, Ibid.)

B. The educational test would improve the condition of the cities, for

1. They would be more sanitary and less criminal, since

a. These evils are due largely to congestion.

b. Under this test the cities would be less congested, for

1'. Immigration would be reduced twenty-two and six tenths per cent.

2'. Educated immigrants are not likely to settle in the slums.