CHAPTER V

CONSTRUCTING 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.

I. 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 above figures 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.

II. Method of constructing the brief.

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 more intelligent 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.

III. Rules for constructing a brief.

_1. A brief should be composed of three parts: Introduction, Proof, and Conclusion._

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 page brief 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.

_2. Each statement in a brief should be a single complete sentence._

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.

_3. The relation which the different statements in a brief bear to each other should be indicated by symbols and indentations._

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:

This proposition is true, for I................................, for A.............................., for 1............................, for a.........................., for (1)......................, for (a)...................., for (x).................., for (y).................., for B.............................., for 1.. etc. II..............................., for A........... etc. B.......... etc.

The above symbols with their appropriate indentations are sufficient in variety for almost any brief. To make this plan more concrete let us suppose that the proposition is held to be true for two reasons. These reasons then are the main issues, and are coördinate so far as subject-matter is concerned; therefore they are placed with the symbols I and II, which are next to the left hand margin of the paper. There are two main reasons for I, and these are marked A and B, with a greater indentation from the left hand margin than I. There is one reason for A and it is marked 1 with a slightly greater indentation from the margin than A. If there were two reasons the second one would be marked 2 with the same indentation as 1. That is, the same arrangement applies throughout the entire system that applies to I and II, and A and B. There is one reason for 1 and it is marked a with a slightly greater indentation; the reason for a is marked (1), and the reason for (1) is marked (a). There are two facts which prove the truth of (a) and they are marked (x) and (y). In this way the entire brief, whether long or short, is worked out and the relation existing between all its parts clearly shown.

_4. The introduction should contain the main issues, together with a brief statement of the process of analysis by which they were found._

As previously stated, in making the analysis of a proposition an unprejudiced standpoint must be taken. This is true because the object is to find the statements which if proved will establish the truth of the proposition. Since it is the object of the introduction to set forth the main issues it must contain nothing but the process of analysis by which these issues were derived. There must be no statements which require proof and none which indicate a prejudice in favor of one side or the other.

A long introduction must be avoided, because it is almost sure to contain irrelevant matter. Furthermore, a reader or hearer is not going to keep in mind all the history, conditions, definitions, and limitations which a long introduction may properly include, unless they are briefly expressed and lead straight to the heart of the controversy. Again, a long introduction is tiresome. The writer once heard a prominent United States Senator say, after acting as judge of a college debate: “Boil down your introduction. The men who pass on what you have to say, whether in business, politics, or education, want to know what you believe and why you believe it. Get at the ‘because’ part of your speech without delay.”

The process of analysis may have been long and laborious, but once the main issues have been found it is easy to point out the way to them. In the Lincoln-Douglas Debates, which are masterpieces of this kind of work, the introductions are exceedingly short as compared with the length of the speeches. No time is wasted in getting to the points at issue. A carefully worked out analysis may be presented briefly for it is seldom necessary to an understanding of the question to discuss its origin, its history, the admitted matter and the contentions of both sides. Seldom is it important to discuss more than two of these topics. Those phases of analysis which afford the shortest route to the main issues should be chosen. While some brief writers prefer to give the whole process of analysis, this makes the brief unnecessarily long. Suppose that you went into the forest for the purpose of finding a certain tree. You began a systematic search in which you traveled back and forth through the forest for three days. At last you found the tree. It is but a half-hour’s walk from the edge of the forest. Would you take those to whom you wish to show the tree over the path which you traveled in the three days’ search, or would you lead them directly to it? The answer is obvious. Why, then, should we weary the reader or hearer with a long introduction in which all the steps taken in search of the main issues are set forth, when we can state one or two of these steps and arrive at the main issues without delay?

Lincoln, in his first inaugural address, shows the virtue of a brief introduction. He might have dwelt long upon the origin of the question which he feared would sever the Union; he might have given extensively the history of slavery and the controversies resulting from it; he might have compounded definitions based upon the highest authorities; and all of this would have been relevant matter for the introduction of his speech. Moreover, there is no doubt that all of these matters had been considered by him in his analysis of the question. But when he wished to lead his hearers to the main issues which his analysis revealed, he chose the simplest and most direct route. After a brief introductory sentence he employed the process of elimination to cut away all extraneous matter by saying:

“I do not consider it necessary at present for me to discuss those matters of administration about which there is no special anxiety or excitement.”

Then he at once took up the subjects of slavery and secession, to which his elimination of extraneous material had narrowed the question.

The same brevity and directness characterizes Lincoln’s introduction to his Cooper Institute speech. Here a statement of admitted matter forms the means by which the point at issue is reached. This offers an introduction which is impartial, since both sides indorsed it, and the main issues arose out of the different interpretation which the Lincoln-Republicans and the Douglas-Democrats placed upon it. The crucial part of the introduction is as follows:

“In his speech last autumn at Columbus, Ohio, as reported in the New York ‘Times’ Senator Douglas said: ‘Our fathers, when they framed the government under which we live, understood this question just as well, and even better, than we do now.’ I fully indorse this, and I adopt it as a text for this discourse. I so adopt it because it furnishes a precise and an agreed starting-point for a discussion between Republicans and that wing of the Democracy headed by Senator Douglas. It simply leaves the inquiry: What was the understanding those fathers had of the question mentioned?”

It is seen that these statements bring us directly to the point at issue through the statement of admitted matter. The adoption of this admitted matter makes necessary some definitions. Lincoln gives these with clearness and exactness. “The frame of government under which we live,” is the Constitution of the United States. “The fathers” that framed this constitution were the thirty-nine men who signed the original instrument. The “question” which these fathers understood, “just as well, and even better, than we do now,” was: “Does the proper division of local from Federal authority, or anything in the constitution, forbid our Federal Government to control as to slavery in our Federal Territories?” Then Lincoln continues: “Upon this, Senator Douglas holds the affirmative, and the Republicans the negative. This affirmation and denial form an issue; and this issue—this question—is precisely what the text declares our fathers understood “better than we.” Let us now inquire whether the “thirty-nine,” or any of them, ever acted upon this question; and if they did, how they acted upon it—how they expressed that better understanding.” Thus Lincoln brings his hearers to the proof of his argument—to the point where it introduces evidence to show that the great majority of these men answered the question by voting for the prohibition of slavery.

Now let us write out a formal brief of this introduction and thus determine just what matters it really includes.

NEGATIVE BRIEF

PROPOSITION: Resolved, that the proper division of local from Federal authority or the Constitution, forbids our Federal Government to control as to slavery in our Federal territories.

INTRODUCTION

I. Statement of admitted matter.

A. The framers of the Constitution understood this question better than we do.

II. Definition of terms.

A. “The frame of government under which we live” is the Constitution of the United States.

1. The original Constitution.

2. The amendments.

B. “The fathers” were the thirty-nine men who signed the original document.

C. The “question” which these fathers understood “just as well, and even better, than we do now,” is: “Does the proper division of local from Federal authority, or anything in the Constitution, forbid our Federal Government to control as to slavery in our Federal Territories?

III. The question is, therefore, “Did the framers of the constitution understand that the Federal Government is prohibited from controlling slavery in the territories?”

The affirmative answers The negative answers No, Yes, for: for: 1. their words and actions 1. their words and actions prove that the Federal prove that the Federal Government is prohibited Government is given from controlling slavery power to control slavery in the territories. in the territories. 2. The first Congress framed 2. The first Congress which annulments which deny contained sixteen of the this power. “thirty-nine” exercised this power.

IV. The special issues resulting from this clash of opinion are:

1. Did the words and actions of the framers of the Constitution show that the Federal Government is prohibited from controlling slavery in the territories?

2. Did the First Congress, which contained a part of these framers and which understood their intentions, show that it believed the Federal Government to be prohibited from controlling slavery in the territories?

The foregoing introduction shows well the brevity and directness which should characterize the first division of a brief. The subject-matter indicates the impartial manner in which the subject is discussed throughout the introduction. Nothing is stated which requires proof. The speaker selects common ground upon which both parties to the controversy have agreed to stand. From this position he leads his opponents by logical steps to the arguments which he advances. When the student has once found the main issues he should eliminate all useless steps in the analysis and present with clearness and force the necessary parts of the process which lead directly to the proof.

_5. The main statements in the proof should correspond to the main issues set forth in the introduction, and should read as reasons for the truth of the proposition._

The object of the introduction to the brief is to set forth the main issues. In like manner the object of the proof is to set forth the evidence which supports these main issues. Therefore the main issues constitute the main headings of the second division of the brief. Moreover, these main issues must all read directly as reasons for the truth of the proposition. To illustrate this rule, let us consider the following example.

BRIEF

PROPOSITION: Resolved, that the policy of protection should be abandoned by the United States.

INTRODUCTION

I. } } (First part of introduction omitted) II. }

III. The clash of opinion reveals the following issues:

A. Is protection sound in theory?

B. Is protection sound in practice?

PROOF

I. Protection is unsound in theory, for

A. ...

B. ..., etc.

II. Protection is unsound in practice, for

A. ...

B. ..., etc.

The above example sets forth the form in which these main issues appear in the proof of the brief. The validity of the reasoning which connects the main issues with the proposition may be tested by putting the word “because” or “for” after the proposition and reading it in connection with each main issue; thus:

A. The policy of protection should be abandoned by the United States because (or for) protection is unsound in theory.

B. The policy of protection should be abandoned by the United States because (or for) protection is unsound in practice.

Each main issue should be tested in the manner suggested above. This will show whether the proper logical relation exists between the main issues and the proposition. A further test may be applied by inverting the order of the main issues and the proposition and joining the two by the word “therefore,” as follows: A. Protection is unsound in theory; therefore the policy of protection should be abandoned by the United States. B. Protection is unsound in practice; therefore the policy of protection should be abandoned by the United States. But the words “hence” or “therefore,” should never be used in a brief, because they reverse the natural order and make the main statements subordinate.

After making sure that each main issue is stated so that it reads as a reason for the truth of the proposition, the arguer must next amass the evidence, which has been classified, in support of each of the main issues.

_6. Every statement in the proof must read as a reason for the statement to which it is subordinate._

In the same way in which the main issues must read as reasons for the truth of the proposition, every statement in the proof, down to the smallest subdivision, must read as a reason for the statement of the next higher order. There must be no break in this firm logical structure. A chain is only as strong as its weakest link. If any break or weakness shows in the chain of argument, reaching from the detailed facts up to the proposition itself, the whole argument must be discarded and a new one built in its place. To illustrate this rule clearly, let us take a section from the proof of the following proposition:

Resolved, that all combinations of capital intended to monopolize industries should be prohibited by the Federal Government.

INTRODUCTION

(Omitted)

PROOF

I. Combinations of capital are unnecessary, for

A. The concentration of capital is possible without them, for

1. Many individuals and partnerships have enough capital to produce commodities in the most economical units.

2. Trades are sufficiently large to admit many great competitors.

B. Combinations of capital are not necessary to resist labor organizations, for

1. Labor unions do not have a complete monopoly of labor, for

a. Strikes are often a failure, for

(1) (Here cite specific instances from your personal knowledge in which strikes have failed.)

2. Associations for the purpose of resisting labor unions are possible without combinations of capital.

II. Combinations of capital are a social evil, for

A. They encourage gambling and speculation, for

1. They practice “watering stock,” for

a. (Cite a number of specific instances.)

2. They inflate or depress the value of stocks at will.

B. They concentrate wealth in the hands of a few men, for

1. John D. Rockefeller gained his immense wealth from the Standard Oil monopoly.

2. (Cite several other specific examples like the above.)

C. They discourage individual enterprise, for

1. Independent producers are driven out of business.

2. An individual cannot build up a business for himself.

III. Combinations of capital are an economic evil, for

A. They limit natural production.

B. They destroy competition, for

1. They absorb large producers.

2. They crush small producers.

C. They raise prices, for

1. They gain control of the market for this purpose.

IV. The prohibition of combinations of capital by the Federal Government is practicable, for

A. The power is given to the Federal Government by the Constitution, for

1. Congress is given power to regulate interstate commerce, for

a. Art. 1, Sec. 8 grants this power.

2. The United States courts have jurisdiction over these matters, for

a. Art. 1, Sec. 8 confers this power upon them.

In the above section taken from a completed brief enough evidence is introduced to show clearly the relation which must exist between each statement. Numbers I, II, III, and IV indicate the main issues. Under I, A and B read as reasons for the truth of I. Under A, 1 and 2 read as reasons for the truth of A and so on throughout the brief. Each statement is connected with the preceding statement, to which it is subordinate, by means of the conjunction “for.” These statements must make complete sense and show their logical relation when connected by this conjunction: as in II. Combinations of capital are a social evil, for

A. They encourage gambling and speculation.

The rule stated at the beginning of this section is one of the most important guides to correct brief making and every part of the proof should be thoroughly tested by reference to it.

_7. Statements introducing refutation must show clearly the argument to he refuted._

Refutation may be introduced at any point in the brief where objections arise in connection with the constructive argument. It should always be placed in its logical position, which is under the argument to which the objection is made. Only the strong objections which appear to be obvious hindrances to logical progress should be considered. Any stubborn objections which need to be cleared away before the argument can proceed with safety should be introduced. The argument to be refuted should be clearly stated, and the refutation should be set forth in the same way and subject to the same rules as the other parts of the brief.

An example of the proper introduction of refutation in a constructive argument is shown in the speech of Roscoe Conkling delivered at the Republican Convention in Chicago in 1880, in which he nominated Ulysses S. Grant for President of the United States. The chief objection to Grant’s candidacy was that he had already served two terms as President. The precedent, set by Washington, that no man should serve more than two terms as President, had always been followed and had become one of the well established political customs of the country. Here was certainly a strong objection to the constructive argument of the speaker. Therefore the refutation is introduced where the speaker attempts to show that Grant’s character as a man and his great services to his country entitle him to the presidency. In brief form a statement of the refutation would be as follows:

A. _Refutation._ The argument that Grant should not be nominated because he has already served two terms as President is unsound, for

1. It is absurd to say that because we have tried Grant twice and found him faithful we ought not to trust him again.

Refutation should always be introduced in the manner which the above illustration indicates. First the series of symbols under which it should come should be determined; then the word Refutation should be placed opposite that symbol, followed by the formal statement that “The argument that ... is unsound, for.” For a further illustration of the manner in which refutation ought to appear the student should consult the completed brief at the end of this chapter.

_8. The conclusion should be a summary of the main arguments just as they stand in the proof of the brief, and should close with an affirmation or denial of the proposition in the exact words in which it is phrased._

A conclusion must be forcible and to the point. It should review the main issues and show at a glance their relation to the proposition. The conclusion to the brief given at the end of this chapter is a good example of the form in which a conclusion should be stated.

SUMMARY OF THE RULES FOR CONSTRUCTING THE BRIEF

1. A brief should be constructed in three parts: Introduction, Proof, and Conclusion.

2. Each statement in a brief should be a single complete sentence.

3. The relation which the different statements in a brief bear to each other should be indicated by symbols and indentations.

4. The introduction should contain the main issues together with a brief statement of the process of analysis by which they were found.

5. The main statements of the proof should correspond to the main issues set forth in the introduction and should read as reasons for the truth of the proposition.

6. Every statement in the proof must read as a reason for the statement to which it is subordinate.

7. Statements introducing refutation must show clearly the argument to be refuted.

8. The conclusion should be a summary of the main arguments just as they stand in the proof of the brief, and should close with an affirmation or denial of the proposition in the exact words in which it is phrased.

The following brief written by a student taking his first course in argumentation shows clearly the application of all the above rules. It is not given as an example of a perfect brief on the proposition stated but it furnishes proper suggestions to the person whose experience in drawing briefs is not extensive. In studying this brief the student should observe the relation between the statements under each main topic, the method of building up the structure of the brief so that the relation of the various parts to the proposition is clear, and the fact that in each case every statement rests upon a sound foundation. The citation of good authority and the reliable source from which it was obtained are given wherever an authority is required. The brief may be criticised on the ground that too much reliance is placed upon one source of evidence. As suggested in the chapter on Evidence the exact reference to authority should always be given in order that its value may lend weight to the argument. Furthermore, the student is thus enabled to refer again to his source of evidence for further information in case it becomes necessary.

In conclusion, the student must not forget that these rules should be thoroughly mastered and that a conscious application of them must be made in the actual practice of brief-drawing. It is only by this means that they can be made a part of the argumentative equipment. After the brief is drawn it should be carefully examined and tested by the above rules. If certain parts evince weakness, these should be strengthened by rearrangement, or by supplying more and stronger evidence. The student may be compelled to return again and again to his source of evidence in order to find material of which he has need. If the steps preceding the construction of the brief have been carefully attended to, he will find himself so familiar with the subject-matter of the proposition that such work will be undertaken with the delight and interest which the keen investigator feels when he is close on the trail of matter which will prove his conclusions.

AFFIRMATIVE BRIEF

PROPOSITION: Resolved, that the Federal Government should levy a progressive income tax.

INTRODUCTION

I. Recently the question of an income tax has aroused great interest.

A. An amendment to the constitution has been proposed recently which will provide for this tax.

B. The proposed amendment has caused the matter to be considered carefully by the public.

C. Many eminent men have given opinions regarding the advisability of adopting the proposed tax.

II. The following definition is adopted,

The progressive income tax is simply a tax levied upon the income of an individual, the rate of tax increasing as the amount of the income of the individual increases.

III. The contentions of the affirmative and the negative are as follows:

Those who advocate the adoption of Those who oppose the adoption of this income tax support the this income tax support the following contentions: following contentions:

A. The income tax is A. The income tax is not necessary. necessary.

B. The income tax is B. The income tax is practicable. impracticable.

C. The income tax is just. C. The income tax is unjust.

IV. Through this clash of opinions we reach the following issues:

A. Is the income tax necessary?

B. Is the income tax practicable?

C. Is the income tax just?

PROOF

I. The progressive income tax is necessary, for

A. It is necessary in meeting national exigencies, for

1. In case of war the customs duties would cease or be impaired and the government would be without another source from which to draw revenue were not the income tax available. (Norris Brown, U. S. Senator from Neb. in _Outlook_, 94: 217.)

2. Governor Hughes of New York believes this power (that of levying the income tax) should be held by the Federal Government so as to equip it with the means of meeting national exigencies. (_Outlook_, 94: 110.)

3. Refutation. The argument that the income tax is not necessary on the grounds that other taxes can be made to cover all necessities is unsound, for

a. In case of war with a great commercial nation when the country would be in the greatest need of revenues, the collection of imposts would cease or be materially diminished. (Justice Harlan of the U. S. Supreme Court in his dissenting opinion in the Pollock Case. _Outlook_, 94:217.)

II. The progressive income tax is practicable, for

A. Experience shows it to be practicable, for

1. During the great Civil War millions of dollars were collected from this source when the government was in need. (Norris Brown in _Outlook_, 94:216.)

2. It has proved practicable in England and Italy. “Income taxation gains in economy and productiveness and wins increasing approbation as the years go by.” (Professor Ely, Professor of Economics in the University of Wisconsin, in _Outlines of Economics_, p. 635.)

III. The progressive income tax is just, for

A. The tax bears upon the individual according to his ability to pay, for

1. It tends to relieve the poor from taxation and place it upon the rich who are able to bear it. (Philip S. Post in _Outlook_, 85:504.)

B. It makes each individual bear his share of taxation, for

1. Income is as good, and perhaps better than any other single measure of ability to pay and the tax is in accordance with this idea. (Professor Ely in _Outlines of Economics_, p. 635.)

2. The income tax reaches certain members of the professional class who under existing laws largely escape taxation through lack of tangible property. (Philip S. Post in _Outlook_, 85:594.)

CONCLUSION

I. Since the income tax is necessary in meeting national exigencies where other revenues fail;

II. Since experience shows that the income tax is practicable;

III. Since the progressive income tax is just because it bears upon the individual according to his ability to pay;

Therefore, the Federal Government should levy a progressive income tax.

EXERCISES IN CONSTRUCTING THE BRIEF

1. Let each student select some subject in which he is interested and follow the argumentative process up to and including, the construction of the brief.

2. Write out a full and complete brief of one of the arguments given in the appendix.

3. After the briefs have been written out the instructor should have the students exchange, and give them an opportunity in class to point out the defects in each other’s work.

4. Without regard to order or form, let the instructor dictate all the statements in a short brief, and let the student reconstruct a correct brief out of these statements.