The Contending Lawyers Can Fight, Not for Justice, But to Win

Clarence Darrow? Miriam Gurko? Apocryphal?

Dear Quote Investigator: Clarence Darrow was a famous American lawyer with a sobering view of the justice system. The following words have been attributed to him:

A courtroom is not a place where truth and innocence inevitably triumph; it is only an arena where contending lawyers fight, not for justice, but to win.

I have had difficulty trying to find a supporting citation. Would you please examine the origin of this statement?

Quote Investigator: The quotation above was inaccurate; however, it was partially based on a passage written by Clarence Darrow in his 1922 book “Crime: Its Cause and Treatment”. Darrow suggested that in an ideal world the tribunal responsible for legal judgements would be all-knowing and all-understanding, but actual tribunals clearly have been unable to achieve this type of discernment and perfection. Boldface has been added to excerpts:[ref] 1922, Crime: Its Cause and Treatment by Clarence Darrow, Chapter XVI: The Law and the Criminal, Quote Page 128, Thomas Y. Crowell, New York. (Google Books Full View) link [/ref]

The law furnishes no means of making these judgments. All it furnishes is a tribunal where the contending lawyers can fight, not for justice, but to win. It is little better than the old wager of battle where the parties hired fighters and the issue was settled with swords. Oftentimes the only question settled in court is the relative strength and cunning of the lawyers.

The words above were remembered by an author named Miriam Gurko who in 1965 published a biography titled “Clarence Darrow”. The following passage contained Gurko’s conception of Darrow’s thoughts together with a short direct quotation from Darrow:[ref] 1965, Clarence Darrow by Miriam Gurko, Chapter 17: The Trial of Clarence Darrow, Quote Page 170, Thomas Y. Crowell, New York. (Verified with scans)[/ref]

As a lawyer, he knew it was not enough to be innocent. Proving one’s innocence was a long, hard, expensive process, and a highly uncertain one. A courtroom, he was to say later, is not a place where truth and innocence inevitably triumph; it is only an arena where contending lawyers fight, “not for justice, but to win.”

QI believes that the text in boldface above was the source of the common modern quotation. However, the passage was a composite, and most of the words were crafted by Gurko and not by Darrow. Only the final six words were enclosed in quotation marks.

Below are additional selected citations in chronological order.

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Though Music Be a Universal Language, It Is Spoken with All Sorts of Accents

George Bernard Shaw? Alan Lomax? Henry Wadsworth Longfellow? Henry David Thoreau?

Dear Quote Investigator: I believe that the famous playwright and music critic George Bernard Shaw said something like the following:

Music may be a universal language, but it’s spoken with all sorts of peculiar accents.

I checked some quotation references and was unable to find this statement. Would you please help?

Quote Investigator: In December 1890 George Bernard Shaw wrote a music review that contrasted the divergent sounds produced by orchestras in Manchester and Lancashire. The drummer in Manchester employed “mighty drum-sticks” which could perform well on the “final crescendo roll” of the “Trold King’s dance” in the Peer Gynt suite. But the drummer in Lancashire excelled in pieces that required greater delicacy. Boldface has been added to excerpts:[ref] 1949 (Reprint of 1932 edition), Music in London: 1890-94 by Bernard Shaw, Volume 1 of 3, (Music review dated December 10, 1890), Start Page 90, Quote Page 91 and 92, Constable and Company Limited, London. (Verified on paper)[/ref]

Thus, though music be a universal language, it is spoken with all sorts of accents; and the Lancashire accent differs sufficiently from the Cockney accent to make the Manchester band a welcome variety, without counting the change from Cowen or Cusins to Hallé.

Below are additional selected citations in chronological order.

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There Are Only Three Great Cities in the U.S.: New York, San Francisco, and Washington. All the Rest Are Cleveland

Mark Twain? Tennessee Williams? Edward Gannon? Hugh A. Mulligan? Anonymous?

Dear Quote Investigator: Travelers in the U.S. sometimes complain of cookie-cutter monotony. The following quip has been attributed to the prominent playwright Tennessee Williams, and the luminary Mark Twain:

America has only three great cities: New York, San Francisco, and New Orleans. Everywhere else is Cleveland.

I find this comment entertaining although I personally like Cleveland. Would you please explore its provenance?

Quote Investigator: QI has found no substantive evidence that Mark Twain employed this joke; it is not recorded in the large compilation “Mark Twain at Your Fingertips”.[ref] 1948, Mark Twain at Your Fingertips by Caroline Thomas Harnsberger, Cloud, Inc., Beechhurst Press, Inc., New York. (Verified on paper)[/ref] Also, it is not listed on Barbara Schmidt’s valuable TwainQuotes.com website. The comedian Russell Brand did improbably attach a version to Twain in his 2014 book “Revolution”.[ref] 2014, Revolution by Russell Brand, Chapter 9: It’s Big But It’s Not Easy, Unnumbered Page, Ballantine Books: Random House, New York. (Google Books Preview)[/ref]

The earliest strong match located by QI appeared in a 1975 issue of a periodical called “Best Sellers” which was composed of book reviews. A reviewer named Edward Gannon printed an instance and attributed the words to an unnamed Frenchman. Boldface has been added to excerpts:[ref] 1975 September, Best Sellers, Volume 35, Number 6, (Review by Edward Gannon of the book “Washington Now” by Arthur H. Kiplinger and Knight A. Kiplinger), Quote Page 176, Column 1, University of Scranton Library and Helen Dwight Reid Educational Foundation, Washington, D.C. (Verified with microfilm)[/ref]

I once heard a Frenchman say, “There are only three cities in the United States: New York, San Francisco and Washington. All the rest are Cleveland.” (I suggested he add Boston and Atlanta.)

The small collection of cities deemed worthy by quipsters has varied; the group has included: New York, San Francisco, New Orleans, Washington, Boston, Atlanta, and Santa Fe. Tennessee Williams died in 1983, and one year afterwards the joke was attributed to him. A detailed citation is given further below.

Here are additional selected citations in chronological order.

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Never Permit a Dichotomy to Rule Your Life

Pablo Picasso? Edward L. Bernays?

Dear Quote Investigator: Achieving happiness is often challenging. Some people intensely dislike their work life and attempt to obtain joy elsewhere. There is a quotation that cautions against allowing this type of dichotomy to rule one’s life, and this valuable guidance has been attributed to the famous painter Pablo Picasso, but I have never seen a good citation. Would you please explore this topic?

Quote Investigator: This advice about avoiding a pernicious dichotomy was formulated by Edward L. Bernays who was an important pioneer in the controversial disciplines of public relations, advertising, and propaganda.

Bernays contributed a short untitled essay to a 1986 book called “Are You Happy?: Some Answers to the Most Important Question in Your Life” compiled by Dennis Wholey. Bernays suggested that colleges should offer a course called “Personal Happiness”, and he emphasized the value of psychological tests to help the job selection process. Bernays also gave the following warning. Boldface has been added to excerpts:[ref] 1986, Are You Happy?: Some Answers to the Most Important Question in Your Life, Compiled by Dennis Wholey, Section: Edward L. Bernays, Start Page 94, Quote Page 94, Houghton Mifflin Company, Boston, Massachusetts. (Verified on paper)[/ref]

I say, “Never permit a dichotomy to rule your life, a dichotomy in which you hate what you do so you can have pleasure in your spare time. Look for a situation in which your work will give you as much happiness as your spare time.”

QI has found no substantive evidence that Pablo Picasso ever made a matching remark. Below are additional selected citations in chronological order.

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Looked at the Right Way It Becomes Still More Complicated

Poul Anderson? Arthur Koestler? Anonymous?

Dear Quote Investigator: The following statement has been called Anderson’s Law and Koestler’s motto:

I have yet to see any problem, however complicated, which, when you looked at it in the right way, did not become still more complicated.

The words have been attributed to the prominent science fiction author Poul Anderson and the influential literary figure Arthur Koestler. What do you think?

Quote Investigator: In April 1957 Poul Anderson published a novelette titled “Call Me Joe” in the magazine “Astounding Science Fiction”. The story concerned a paraplegic who was given the task of psionically controlling an artificially constructed creature who was located on the planet Jupiter with its challenging environment. The tale has been reprinted frequently and appeared in prestigious collections of the “Hall of Fame” and “Masterpieces” variety. Curiously, the plot and situation displayed several parallels with the enormously popular movie “Avatar”.[ref] Website: io9, Article Title: Did James Cameron Rip Off Poul Anderson’s Novella?, Article Author: Lauren Davis, Date: October 26, 2009, Website description: “io9 is a daily publication that covers science, culture, and the world of tomorrow”. (Accessed io9.comon June 15, 2015) link [/ref]

One character named Jan Cornelius complained that he was visiting the satellite research station near Jupiter on a simple mission that should only take a few weeks, but he was required to spend 13 months waiting for a return spaceship to Earth. A scientist on the station named Arne Viken replied as follows. Boldface has been added to excerpts:[ref] April 1957, Astounding Science Fiction, Edited by John W. Campbell Jr., Call Me Joe by Poul Anderson, Start Page 8, Quote Page 12, Published by Street & Smith Publications, New York. (Verified on paper; great thanks to Dennis Lien)[/ref]

“Are you sure it’s that simple?” asked Viken gently. His face swiveled around, and there was something in his eyes that silenced Cornelius. “After all my time here, I’ve yet to see any problem, however complicated, which when you looked at it the right way didn’t become still more complicated.”

The popular modern version of this quotation differed slightly. The original employed the contractions “I’ve” and “don’t”. Also, it used the phrase “the right way” instead of “in the right way”. Arthur Koestler did include an instance of the saying in one of his books in 1967, but he did not claim credit; instead, he ascribed the words to Poul Anderson.

Below are additional selected citations in chronological order.

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Only Monarchs, Editors, and People with Tapeworms Have the Right to Use the Editorial ‘We’

Mark Twain? Robert Ingersoll? Edgar Wilson Nye? John Phoenix? George H. Derby? Roscoe Conkling? John Fiske? Horace Porter? Henry David Thoreau? Hyman G. Rickover

Dear Quote Investigator: Some writers use “we” as a form of self-reference. For example, an author might state: We base our opinion on the highest authority. A comically reproachful remark about this practice has been attributed to Mark Twain:

Only kings, presidents, editors, and people with tapeworms have the right to use the editorial ‘we’.

Similar comments have been ascribed to humorist Bill Nye (Edgar Wilson Nye), transcendentalist Henry David Thoreau, and orator Robert Ingersoll. Would you please examine this topic?

Quote Investigator: The earliest pertinent citation known to QI appeared in the November 1855 issue of “The Knickerbocker” which contained an evaluation of a forthcoming book titled “Phoenixiana: Or Sketches and Burlesques” by John Phoenix. The reviewer reprinted a passage from the prospective volume by Phoenix that included a simple instance of the joke. Boldface has been added to excerpts:[ref] 1855 November, The Knickerbocker, Editor’s Table, Page 520, Volume XLVI, Number 5, Samuel Hueston, New York. (Google Books Full View) link [/ref]

It will be perceived that I have not availed myself of the editorial privilege of using the plural noun in speaking of myself. This is simply because I consider it a ridiculous affectation. I am a ‘lone, lorn man,’ unmarried, (the LORD be praised for His infinite mercy!) and though blessed with a consuming appetite, which causes the keepers of the house where I board to tremble, I do not think I have a tape-worm; therefore I have no claim to call myself ‘WE:’ and I shall by no means fall into that editorial absurdity.

John Phoenix was the pen name of the writer George H. Derby who was a Lieutenant in the U.S. Army originally from California. When his book “Phoenixiana” was released in 1856 the printed text differed slightly from the passage above with the addition of the word “whatever” to yield the phrase “no claim whatever”.[ref] 1856 (Copyright 1855), Phoenixiana; or Sketches and Burlesques by John Phoenix (George Horatio Derby), Phoenix Installed Editor of the San Diego Herald, Quote Page 96, D. Appleton and Co., New York. (Google Books Full View) link [/ref]

Derby’s early version of the quip and other important citations were identified by linguist Ben Zimmer who currently writes a wonderful column about language for “The Wall Street Journal”. The jest has metamorphosed over the years, and a wide variety of risible rationales have been presented to justify the use of the pronoun “we” including these:

A person with a mouse in their pocket
A king, queen, emperor, or president
A pregnant woman
A newspaper or magazine editor
A person with a tapeworm
A schizophrenic individual

Below are additional selected citations in chronological order.

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Quote Origin: The Difficult We Do Immediately. The Impossible Takes a Little Longer

Charles Alexandre de Calonne? Lady Aberdeen? George Santayana? Fridtjof Nansen? Nicolas Beaujon? Baron de Breteuil? Mrs. William Tilton?

Picture of a paraglider from Unsplash

Dear Quote Investigator: There exists a family of entertaining sayings that cheerfully displays inordinate confidence:

1) If the thing be possible, it is already done; if impossible, it shall be done.

2) If it is simply difficult, it is done. If it is impossible, it shall be done.

3) The difference between the difficult and the impossible is that the impossible takes a little longer time.

4) The difficult is that which can be done immediately, the impossible that which takes a little longer.

5) The difficult we do immediately; the impossible takes a little longer.

6) The miraculous we do immediately. The impossible takes only a little bit longer.

These phrases have been linked to the French statesman Charles Alexandre de Calonne, the American essayist George Santayana, and the Norwegian polar explorer Fridtjof Nansen. Would you please examine this topic?

Quote Investigator: The earliest evidence located by QI was published in a 1794 collection of tales titled “Domestic Anecdotes of the French Nation”. The saying was ascribed to Charles Alexandre de Calonne who was the controversial Finance Minister for King Louis XVI of France and Queen Marie Antoinette. Before the excerpt below had been published, the French Revolution had swept the King and Queen from power, and both had died on the guillotine in 1793. Boldface has been added to excerpts:1

When the queen asked Calonne for money, he more than once made use of this singular expression: If it is possible, madam, the affair is done; if it is impossible, it shall be done! Appropriate language for a French petit-maitre addressing his mistress, but not for a financier in whose hands was reposed the prosperity of an oppressed people!

The expression has been circulating and evolving for more than two hundred years. The popular novelist Anthony Trollope included an instance in his 1874 book “Phineas Redux” ascribing the words to a French Minister. Fridtjof Nansen spoke a version of the saying when he was a delegate to the League of Nations in 1925.

Below are additional selected citations in chronological order.

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When a Good Old Good Note Is Blown, All the Cats Dig It

Louis Armstrong? Apocryphal?

Dear Quote Investigator: The renowned jazz trumpeter and vocalist Louis Armstrong believed in the universality of musical appeal. I think he once said:

When a good note’s blown, all the cats dig it.

The underlying challenge of this adage is to remain open to the appreciation of multiple musical styles and genres. I have relayed this perceptive quotation to others for many years, but I have not been able to find a solid citation. Would you please help?

Quote Investigator: In 1965 U.S. Senator Jacob K. Javits placed into the “Congressional Record” an article dated March 23, 1965 from the “San Francisco Chronicle”. The newspaper discussed Louis Armstrong’s well-received visit to the country of East Germany, and the title used his nickname: “‘Satchmo’ Takes Another Country”. Boldface has been added to excerpts:[ref] 1965, Congressional Record, U.S. Senate, Eighty-Ninth Congress, First Session, Volume 3, Part 6, April 7, 1965, (Senator Jacob K. Javits placed a reprint of newspaper article into the Congressional Record: Editorial titled “‘Satchmo’ Takes Another Country” from the “San Francisco Chronicle” of March 23, 1965), Quote Page 7278, Column 1, U. S. Government Printing Office, Washington, D.C. (HathiTrust) link link [/ref]

. . . he has affected audiences of various races and tongues and creeds for a half century—again proving his contention that regardless of the language or political beliefs, “notes are all the same, everywhere” and “when a good old good note is blown, all the cats dig it.”

The wording differed slightly from the version given by the questioner. The word “good” was used twice. Also, the context indicated that the saying had been used by Armstrong at some time in the past; hence, an earlier citation probably exists, but this was the earliest close match located by QI.

Below are additional selected citations in chronological order.

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One Would Risk Being Disgusted If One Saw Politics, Justice, or One’s Dinner in the Making

Nicolas Chamfort? Marchand? Anonymous?

Dear Quote Investigator: You have previously examined a well-known comment comparing the construction of laws and sausages:

Laws are like sausages. It’s better not to see them being made.

I believe that a similar remark was made earlier by the Frenchman Nicolas Chamfort comparing justice and meals, but I have not been able to find a citation. Are you familiar with his statement? Would you please explore this topic?

Quote Investigator: The French writer Nicolas Chamfort was a famous wit and epigrammatist who socialized with the aristocracy but supported the French Revolution. He died in 1794 and several collections of anecdotes and aphorisms were published posthumously. In 1798 the periodical “L’Esprit des Journaux” printed material from Chamfort’s pen that included the following item:[ref] Year: 1798 (Prairial, an 6 de la République Française), Periodical: “L’Esprit des Journaux, Français et Étrangers”, Organization: Par une Société de gens-de-lettres, Volume 6, Article: “Anecdotes & pensées inédites de feu Chamfort, de l’académie française”, Start Page 170, Quote Page 173, Valade, Paris. (HathiTrust Full View) link link [/ref]

Un certain Marchand, avocat, homme d’esprit, disait: On court les risques du dégoût en voyant comment l’administration, la justice & la cuisine se préparent.

Here are two possible translations into English:

A clever lawyer named Marchand used to say, “It can be disgusting to see what goes into public administration, justice, and food.”

A certain witty advocate, Marchand, observed: “One would risk being disgusted if one saw politics, justice, and one’s dinner in the making.”

Interestingly, Chamfort disclaimed credit, but his name has remained firmly attached to the saying because of his long-lived fame.

Below are additional selected citations in chronological order.

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The Race Is Not Always to the Swift, Nor the Battle to the Strong; But That Is the Best Way to Bet

Damon Runyon? Franklin P. Adams? Hugh E. Keough? George D. Prentice? Luke McLuke? Grantland Rice? Burns Mantle? Anonymous?

Dear Quote Investigator: A famous verse in the Bible instructs readers that the advantages enjoyed by an individual do not guarantee his or her success:[ref] Website: Bible Hub, Bible Translation: King James Bible, Section: Ecclesiastes, Chapter 9, Verse 11, Website Description: “Bible hub is a production of the Online Parallel Bible Project.” (Accessed biblehub.com on June 4, 20015) link [/ref]

I returned, and saw under the sun, that the race is not to the swift, nor the battle to the strong, neither yet bread to the wise, nor yet riches to men of understanding, nor yet favour to men of skill; but time and chance happeneth to them all.

A humorous reaction to this proverbial wisdom has become popular. Here are two versions:

1) The race is not always to the swift, nor the battle to the strong, but that is the way to bet.
2) It may be that the race is not always to the swift, but that is the best way to bet.

These words have been attributed to Damon Runyon, a newspaperman whose short stories inspired the Broadway musical “Guys and Dolls” and to Franklin P. Adams, an influential columnist who composed “The Conning Tower”. Would you please explore this topic?

Quote Investigator: The earliest close match for the expression found by QI appeared in the widely circulated magazine “Collier’s” in February 1919. Franklin P. Adams wrote the saying, but he did not take credit for the remark; instead, he ascribed the quip to a prominent sportswriter named Hugh E. Keough. Boldface has been added to excerpts:[ref] 1919 February 8, Collier’s: The National Weekly, Demobilizing, Washington by Franklin P. Adams, Start Page 9, Quote Page 9, Column 3, P. F. Collier & Son, Inc., New York. (Google Books Full View) link [/ref]

As Hugh Keough used to say: “The race is not always to the swift, nor the battle to the strong; but that is the way to bet.”

Damon Runyon also employed the saying, but he credited Keough. In addition, other well-known columnists such as drama critic Burns Mantle and sportswriter Grantland Rice ascribed a similar joke to Keough.

Yet, the situation was complicated because the jest has been evolving for more than one hundred and eighty years, and multiple versions have achieved wide distribution during this long period. A precursor that presented betting odds appeared in 1833 in “Blackwood’s Edinburgh Magazine”:[ref] 1833 October, Blackwood’s Edinburgh Magazine, Volume 34, Morning Monologues By an Early Riser, No. 1, Start Page 429, Quote Page 432, Published by William Blackwood, Edinburgh, Scotland. (Google Books Full View) link [/ref]

Now we say that the race is—if not always—ninety-nine times in a hundred—to the swift, and the battle to the strong.

In July 1861 “The New York Ledger” printed a collection of sayings under the title “Wit and Wisdom”. The following instance used the phrase “ninety-nine times in a hundred”, and the quip structure was parallel to the modern version:[ref] 1861 July 20, New York Ledger, Wit and Wisdom: Original and Selected, Prepared expressly for the Ledger by Geo. D. Prentice, Quote Page 3, Column 5, New York, New York. (GenealogyBank)[/ref]

To be sure the race is not always to the swift, nor the battle to the strong; but it is ninety-nine times in a hundred.

The newspaper article was prepared by George D. Prentice, and it was described as a mixture of original and reprinted material. On the same day, a matching saying was printed in “The Springfield Daily Republican” of Springfield, Massachusetts.[ref] 1861 July 20, Springfield Daily Republican, Selected Miscellany: Sense and Sentiment, Quote Page 6, Column 5, Springfield, Massachusetts. (GenealogyBank)[/ref] The article was titled “Selected Miscellany”, and no author was listed. Perhaps Prentice reformulated a statement he had previously read or heard.

Special thanks to top researcher Barry Popik for his invaluable efforts on this topic that were recorded on his web page here.

Below are additional selected citations in chronological order.

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