That in turn may be resolved into particular issues; as, Will a garment made in x style be æsthetically satisfactory? Will it be economically satisfactory? It is possible that both of these issues may call for debate. It is possible that either one may be eliminated as immaterial. Both sides might agree that x style was altogether satisfactory in so far as producing a pleasing appearance was concerned; or both sides might agree that the question of economy was not for Miss Blank a serious consideration. If the first issue were discarded, the only issue to be considered would be, Would a coat made in x style be economical for Miss Blank? if the second were rejected as immaterial, the remaining special issue would be, Would a coat made in x style be æsthetically satisfactory? On further analysis of either of these issues further agreement might be discovered. The question having been narrowed to the consideration of the æsthetic effect, that issue might disclose the two special issues, Would the garment in itself be beautiful, and would it be suitable for Miss Blank? and both might agree that the style in itself was good; that agreement would leave as the single material issue for discussion the question whether or not the style would be becoming to Miss Blank.

Again, let us suppose that Dr. A brings the charge that Mr. B owes him $50 for professional services. Mr. B may deny the charge, admitting that he did

not pay the money, but maintaining that the service was not rendered. The point of difference then is, Was the service rendered? Or Mr. B may admit that the service was rendered and deny that the money was not paid, offering as evidence a canceled bank check for that amount paid to Dr. A on the date in question. The point in disagreement then becomes, Was the check in payment for this particular service? Mr. B may admit the service, and admit that he has not paid the bill, but claim that there was a previous contract that there was to be no payment in case the operation was not successful. The material issues, then, are, Was there such a contract, and, if so, was the operation successful?

We are not ready for argument until the question has been analyzed to such an extent that we have reached the point of difference, that is, until all immaterial issues have been cast aside and the particular issue or issues upon which the difference of opinion rests, discovered.

It must be remembered that many issues that are ruled out as immaterial to the discussion are immaterial only because both sides agree upon them. This makes it important that one should not assume as immaterial issues, issues that would not be conceded as immaterial by one's opponents. The most elaborate argument that x style will be becoming to Miss Blank will count for nothing if your opponent attacks the

fundamental proposition, Miss Blank should have a new coat, and shows that she should not have one made in x style or any style. On the other hand, it is unwise to waste time and strength in proving what your opponent will grant. Your strength must be centered on the material issues.

One who had served with Washington in the legislature of Virginia and with Franklin in Congress said: "I never heard either of them speak ten minutes at a time nor to any point but the main point, which was to decide the question. They laid their shoulder to the great points, knowing that the little ones would follow of themselves."

It was Lincoln's habit in court to begin by "giving away his case," as it seemed to an unseasoned opponent, who with delight heard the older lawyer grant to him one point after another until they came to the material issues on which the question hinged. There Lincoln focused his strength. A case of this sort, now famous, was his defense of the son of a woman who had befriended him, against a charge. of murder. He conceded to the opposing lawyers many points that seemed to the spectators hopelessly to damage his client's case; but the time when the murder was claimed to have been committed and in which it must have been committed if committed by his client, the place where the deed was done, and the position of the alleged eyewitness were points

that he emphasized. Further, he emphasized the witness's claim that the moon was shining brightly and the fact that without moonlight he could not have seen the act. The lawyer then took from his pocket an almanac and showed the judge and the jury that the moon was not shining at the time agreed upon for the murder.

One of the most disconcerting things that can happen to a debating team is to come before an audience prepared to make a strong argument for a particular issue, and find their opponents ready to grant them that issue and show that the question turns on another issue.

The success of the argument must depend largely upon the success of the introduction, upon the establishment of an acceptable basis of agreement as to just what must be proved to prove the proposition in question.

EXERCISES

1. In the following introductions to briefs what issues are eliminated from discussion as immaterial? What issues are recognized as material issues?

a. Resolved, That prisons should be made places for the reform instead of the punishment of criminals.

I. It is agreed, that

A. The entire penal system exists for the protection of society.

B. The state's duty to its law-abiding citizens is to be considered before its duty to lawbreakers.

II. The question then becomes, Can the state benefit the criminal without injury to society?

b. Resolved, That the continuance of the George Junior Republic is justifiable.

I. All agree, that

A. The continuance of an institution may be justified by its aim, its methods, its results.

B. The aim of the George Junior Republic is good.

C. The results are not yet apparent.

II. The question then becomes, Are the methods of the George Junior Republic calculated to accomplish its aims?

2. Study the following resolutions and conditions, and from the material given construct introductions to briefs: a. Resolved, That Mary Jones shall go to college. Mary Jones is the only daughter of a widow. Mary is an unusually capable, clear-headed, energetic girl about nineteen years old. She has graduated from the village high school with distinction and is ambitious to have a college education and make a career for herself. She is not selfish, however, but is devoted to her mother, and wants to do what will make her happy.

Mrs. Jones is about fifty-five years old. She has sufficient means to keep herself and her daughter comfortably. Mary is her pride and joy, and she thinks she would be supremely happy if Mary would stay at home and help her to enjoy the rest of her life, which she frequently says will not be long.

What is the wish of both? What is the point of difference? b. Resolved, That it would be better for Sally Brown to do general housework in the home of Mrs. Morris than to accept a situation in a jewelry factory.