CHAPTER IV

EVIDENCE

The analysis of the question has revealed the main issues. The next step

in the argumentative process is to prove the truth of these main issues

by producing evidence. Evidence consists of the material by which the

truth or falsity of a proposition is proved. It is an error to use the

terms “proof” and “evidence” as synonymous. Proof is the result or

effect of evidence; evidence is the material of proof. A thing is not

proved until sufficient evidence has been produced to establish it. The

most accurate logicians make this distinction and it is well to observe

it in the study of argumentation. A given fact is not proof of the truth

of a statement unless it alone is sufficient to establish such truth;

otherwise it is merely evidence tending to show that the statement is

true. This distinction should be kept clearly in mind, and no fact

should be offered as complete proof when it is only evidence tending to

support a given proposition.

The student is now confronted with the necessity of establishing his

proposition by presenting evidence in support of the main issues. The

first problem which naturally comes to him is: “Where shall I go to find

this evidence?” In answering this question the student should consult

carefully, one by one, each of the following:

I. Sources of evidence:

_1. Personal knowledge._

Before turning to outside sources the student should carefully examine

the contents of his own mind to determine just how much he really knows

about the subject. He should, however, distinguish between exact

knowledge and mere conjecture. His exact knowledge, gained from whatever

source, is perfectly valid from the standpoint of evidence providing it

can be proved. The line between exact knowledge and mere conjecture is

determined by the ability of the student to lay his hands upon

sufficient evidence to prove the thing that he believes to be true.

_2. Personal interviews._

If the question is a local one personal interviews are both practicable

and valuable. Interviews with persons who are connected in some way with

the subject of dispute, or who are in a position to have exact knowledge

of the subject-matter, or who are taking an active part in the local

discussion of the subject, are a most important source of evidence.

Interviews with such persons not only give the student facts, reasons,

and opinions, but they usually reveal other sources to which he can go

directly. For example, in a local debate on the question of whether the

city, or the street railway company should bear the expenses of building

a bridge which they used in common, the debaters obtained personal

interviews with all the city officials having anything to do with the

bridge, and with the officials of the street railway company. Prominent

citizens and business men of the city were also interviewed. These

interviews were productive of a large amount of material in the form of

facts, reasons, illustrations, opinions, and references to other sources

of material. In the discussion of any local question the debater will

usually find the parties concerned willing, and even eager to give him

“ammunition” for the debate.

In collecting evidence on questions which deal with the problems of

commerce, taxation, economics, politics, and education, the student will

usually find some men whose opinions are entitled to careful

consideration and with whom interviews may be arranged. Whether these

men are quoted as authority will, of course, depend upon their known

reputation in the branch of knowledge upon which their opinion is asked.

Even if the debater does not think it best to quote the person

interviewed, he may gain from him much valuable help. Arguments reasoned

out from the facts of a case depend for their worth upon the validity of

the reasoning process and not upon their source. Therefore the arguments

of any well-informed, intelligent person, if based upon facts and

logically sound, can be utilized. Moreover, such persons are often able

to give information regarding sources of evidence which may have escaped

notice. The college student would do well to consult the members of the

faculty whose work would make them familiar with the subject-matter of

the argument. The student should by no means pass lightly over this

source of material. In fact, such sources should be exhausted before a

more extended search for evidence is entered upon. Furthermore, a

discussion of the subject with these well-informed people will beget new

ideas and give a breadth of view regarding the subject which will be

helpful in subsequent investigation.

_3. Personal letters._

After the student has gained some knowledge regarding the most eminent

authorities on the subject under discussion, he may feel at liberty to

address some of them with a personal letter. This letter should be brief

and to the point, stating just what is wanted. If questions are asked

they should be brief and plain. The use to which the reply is to be put

should be stated.

If the question is one with which national, state, or municipal

officials are concerned personal letters may be written to them. If this

is carefully done in accordance with the foregoing suggestions, a prompt

reply is almost always assured. An opinion expressed in a personal

letter from a national or state official, or any information given by

him, is usually looked upon with considerable respect.

Still another class of men to whom personal letters may be written with

profit consists of the well known officials of large sectional and

national associations such as the American Bar Association, the American

Federation of Labor, and the National Manufacturers Association. The

officials of these and other similar associations are usually well

pleased to be consulted upon the questions in which their opinions are

regarded with respect. Although the debater should not carry on a

correspondence campaign for material, yet he should not hesitate to

write for facts and opinions which are of vital importance.

_4. Current literature._

Current literature offers the most prolific field of information on

subjects of general interest. This source of material is always

available to the debater. His first efforts should be directed to

finding out what this field contains that bears directly on the subject.

With this object in view he should consult _The Reader’s Guide_,

_Poole’s Index_ and the _Annual Library Index_. Here he will find all

the important magazine articles that have been written on any subject.

The title of the article, the name of the writer, the magazine in which

it is found, together with the date, volume, and page, are given

exactly. This opens a great storehouse of information. In consulting

these guides to periodic literature the investigator should exercise his

ingenuity as well as his imagination in determining under what topics he

will find his material listed. In investigating the proposition

“Resolved, that Congress should immediately provide for an increase in

the navy,” the student must not be content with merely looking up the

articles found listed in the guide under the topic “Navy.” He should

also look under “Battleships”, “Warships”, “Dreadnoughts”,

“International Peace”, “Foreign Affairs”, etc. At the end of these lists

cross-references to related subjects will be found and these should also

be consulted.

The student should go over the list of articles carefully and make out a

bibliography[2] of magazine references. Titles of all articles which

appear to have a bearing on the subject should be taken down in full.

This process of going over the lists in search of pertinent articles

should be repeated from time to time throughout the investigation,

because as the student’s knowledge of the subject broadens he will get

more clearly in mind the exact nature of the information which he

requires. The bibliography will save much time in getting at the most

valuable material in current literature.

Footnote 2:

A bibliography (as the term is here used) is a list of books and

periodicals on any one subject with exact references to volumes, page,

etc.

The student can now select from the great number of articles before him

those which appear to be most valuable. The most valuable articles are

those which (a) bear directly upon some main issue of the question and

(b) are written by recognized authorities on the subject. If the writer

of any particular article is unknown to the student he should consult

“_Who’s Who in America_.” Here are arranged in alphabetical order the

names of all the men in America who have attained distinction in any

line of endeavor. In connection with each name there is given a brief

biography which sets forth the positions that individual has held,

honors which have been bestowed upon him, important work in which he has

been engaged, and any other facts which might tend to give weight to his

utterances. Foreign authorities should be investigated by consulting the

encyclopedias, the Who’s Who volume (if available) of the particular

country to which the writer belongs, or by referring to other prominent

writers. Throughout the entire investigation “_Who’s Who in America_”

should be consulted as an authority on the standing of men to whose work

the debater wishes to refer. This method of using “_Who’s Who_” and the

bibliography brings the student directly to the best sources of material

which can be found in current literature.

As indicated above, the real criterion of the value of an article in a

magazine is the standing of the man who wrote it. However, certain

periodicals have come to be looked upon with such respect by students

and scholars that all articles appearing in them are given considerable

weight. This reputation which is sustained by certain publications

results from the care with which the editors have selected the material

put into the magazine. They have been careful to allow only capable

writers to contribute to their periodicals in the past, and, we may

assume (although this is sometimes a violent assumption) that this

careful supervision will continue in the future. Moreover, the

editorials of these magazines are looked upon as good authority. For the

convenience of the student the following list of magazines is suggested

as reliable sources of evidence.

(1) _The North American Review._

(2) _The Literary Digest._

(3) _The Independent._

(4) _World’s Work._

(5) _Review of Reviews._

(6) _The Annals of the American Academy of Political and Social

Science._

(7) _Columbia University Studies in History, Economics, and Public

Law._

The last two publications are somewhat different from the others

mentioned in the list, but they are included because they are important

and are usually available in libraries having the other publications

enumerated. This list is not intended as a complete and exhaustive list

but merely as a suggestion to the student in search of material. It is

not intended to depreciate the value of any publication not included in

the list. However, the student should beware of relying upon material

found in any magazine merely because the publication poses as a magazine

instead of as a newspaper or story book. Some of the popular magazines

which appear to be manufactured for the sole purpose of being sold, make

an attempt at sensationalism rather than truth. Such periodicals should

never be relied upon as authority.

Another source of evidence found in current literature is the technical

and professional magazine. Almost every trade and profession has one or

more reliable magazines. In the fields of medicine, law, banking,

contracting, engineering, etc., are many periodicals. Each offers

articles by reliable writers on almost all phases of the particular

branch of learning to which the magazine is devoted. Prominent among the

technical magazines that may be quoted as authority is the Engineering

News. This periodical offers much valuable material on all the important

engineering problems of the day.

Magazine articles, outside of the technical and professional magazine,

are usually written for the layman; hence the subjects are usually

presented in a manner easy to understand. This is especially important

to the student at the beginning of his investigation when his knowledge

of the subject is limited. Simplicity of treatment and accuracy of

statement combined with an almost boundless range of subject-matter make

current literature a most valuable source of evidence.

_5. Standard literature._

Under this head are included all the reliable encyclopedias, reference

works, text-books, and books on special subjects written by experts and

authorities. For brief, accurate, and authoritative articles of a

general character, the encyclopedias are most valuable. The best works

of this class are _Britannica_, _Chambers’_, _Nelson’s_, _Johnson’s_,

_Appleton’s_, _Appleton’s Annual Cyclopedia_, and _Bliss’ Encyclopedia

of Social Reform_. Text-books and special works by authorities on all

subjects are very numerous. For this source of material it is best to

consult the catalogue of a library. Here will be found under the

author’s name all of his works that are in the library. After the

student has found out by personal interviews, reading current

literature, etc., who are the most reliable writers on the subject in

hand, he should always consult this index of authors to determine

whether any of their books are available. The catalogue of the library

usually classifies the books also according to subject-matter. Therefore

by consulting this catalogue all the books on this particular subject

contained in the library may be made accessible. Here again, as in the

case of the index to periodic literature, the investigator must use his

ingenuity in determining under what heads he may find his most valuable

material.

_6. Special documents._

(1) _Reports and pamphlets issued by organizations._

In order to gain access to this sort of material it is usually necessary

to write to the headquarters of the organizations. In most cases their

reports and other printed matter may be had for the asking, although in

some cases a charge is made. The student, however, can usually obtain

sufficient material of this character without any cost to himself other

than the small outlay necessary for postage. In the larger schools and

colleges it is now becoming customary for the debating teams to have

letter heads printed. These state the name of the institution or of the

debating league to which the institution belongs, the names of the

members of the team, and the question for debate. While this procedure

is unnecessary for class debates or written arguments, or even for

society or college debates, it is at least desirable in the preparation

for an intercollegiate debate such as is held between members of large

debating leagues. By this use of letter heads in writing to the

officials of organizations, as well as to private individuals, a full

and more careful response is almost always secured. However, in most

cases a request for reports or other material, with a statement of the

use to which they are to be put, is all that is necessary to bring a

prompt reply. Almost all the important trades and professions have

national organizations which are ready to aid in the distribution of

knowledge in their several spheres. Among organizations of a

professional character may be mentioned the American Bar Association,

the American Chemical Society, and the National Education Association.

Among industrial organizations, the American Federation of Labor, and

the National Manufacturers Association are probably the most important.

Organizations having for their object the bringing about of certain

reforms in our social or political life are always willing to send

material for use in the discussion of questions in which they are

interested. Among these may be mentioned the International Reform

Bureau, the Anti-Saloon League, the Lake Mohonk Conference on

International Arbitration, the American Peace Society, and the New York

Reform Club. It is well worth while for the student who is investigating

any of the questions in which these associations are interested to write

them for material.

In special branches of learning there are various organizations which

publish both reports of their meetings and special reports on subjects

connected with their work. The American Historical Association, and the

American Economic Association belong to this class. Other organizations

of this character will be brought to the attention of the student before

he has advanced far in the study of any proposition.

(2) _Reports and documents issued by the government._

Government documents and reports, especially those issued by the Federal

government, are among the most valuable sources of evidence. The authors

or compilers of these reports are men whose official positions enable

them to obtain accurate information. Furthermore, these men have usually

passed a civil service, or other examination, and thus demonstrated

their ability to perform the tasks assigned; or on account of favorable

reputation have been elected or appointed to fill the positions for

which they are well qualified. Their action is taken purely as

governmental agents and, from the nature of their office and the

requirements of public opinion, that action and all information gathered

conform approximately to the facts. For these reasons governmental

reports and documents are looked upon as the highest authority on the

subjects with which they deal, and anyone who argues can offer no better

evidence than a basis of fact backed up by definite references to

official government documents.

One of the most useful documents of this class is the _United States

Census Report_. This report contains not only the _population

statistics_ but also other funds of information even more valuable to

the student. In it there are vital statistics, statistics on labor,

manufacturing, commerce, and a multitude of other subjects which the

student dealing with any economic or commercial proposition cannot

overlook. If accurate information is required regarding any phase of our

national growth or present activity the census report should be

consulted before any other source of evidence.

Another most important source of evidence is the _Report of the United

States Industrial Commission_. This report comprises nineteen volumes,

the last of which (Vol. 19) contains valuable material, together with

the recommendations of the commission, in regard to almost all the

leading industrial and economic questions which are now being discussed.

The report as a whole covers the entire industrial field in this country

and offers a reliable and exhaustive fund of information.

In the _Congressional Record_ can be found discussions, both affirmative

and negative, of all the public questions which have come before either

branch of Congress. This source of material is very suggestive but it is

not always trustworthy. It should not be quoted in itself as an

authority. The mere fact that one may refer to a certain volume and page

of the _Congressional Record_ on which a certain statement appears is no

proof of the truth of that statement. The material which it contains is

mainly the reports of speeches. The record is official and authoritative

so far as concerns what was said in those speeches. However, the value

of the thing said depends upon the man who said it. Therefore, the

debater should quote Representative Douglas, or Senator Burton as saying

so-and-so which is found in such a volume and on such a page of the

_Congressional Record_. With this caution in mind, viz., that it is the

man who is quoted and not the mere fact of its appearance in the

_Congressional Record_ that gives weight to a statement, the student

should utilize this source of evidence. The index of these records is

decidedly awkward for a beginner, but the material contained therein is

so important that some little time may well be spent in making the

acquaintance of the indexing system. The _Congressional Record_ is

indexed under three heads, (1) names, (2) subjects, and (3) bills by

their official numbers. A great mass of material will be found under

subjects, but after the student has accustomed himself to using the

index he can readily find the material which he desires to read. The

_Congressional Documents_ which contain reports from the executive

departments and the legislative committees are divided for each session

of Congress into six groups: (1) _Senate Executive Documents_, (2)

_Senate Miscellaneous_, (3) _Senate Reports_ (of committees), (4) _House

Executive Documents_, (5) _House Miscellaneous_, (6) _House Reports_ (of

committees). A _Document Index_ for each session of Congress will be

found in connection with these volumes.

Any school or library, or in fact any individual, may obtain valuable

lists of government publications by writing to the Library of Congress

or to the Superintendent of Documents. From time to time the Library of

Congress publishes special books and articles on such subjects as

Taxation of Inheritance, Tariffs of Foreign Nations, Capital and Labor,

and many other questions of national importance.

In addition to the publications of the national government, reports

issued by the various states and municipalities should be investigated.

For example, in discussing a question of taxation the amount of tax

derived by each state from a certain source may become important. If

this information cannot be found already compiled, it may be obtained by

writing to the secretary, treasurer, or auditor of each state and asking

for the report in which such information is published. If it be a source

of taxation used only in a part of the states, the student should

compile a list of the states in which it is used and write to the

officials in those states only.

In the discussion of municipal problems, such as municipal ownership of

public utilities, the commission form of city government, etc., it is

well to write to the cities in which these plans have been tried and get

such reports as will show the results.

A careful investigation of all the sources here set forth will yield

information sufficiently broad and varied for the argumentative

discussion of any subject. However, the student may well consult other

text-books on Argumentation and Debate for the purpose of getting

suggestions regarding the sources of material which will be useful to

him. Books of briefs for debates and reports of debates are published,

which give helpful suggestions regarding material or evidence on many of

the most important questions. As advancement is made in the practical

work of investigating subjects for argumentative treatment, facility in

utilizing the sources of evidence will be acquired. At first the time

spent in the investigation of some sources, especially standard

literature and government documents, may not appear to yield the

practical results which time well expended ought to yield. Here a word

of caution is necessary, for time spent in this manner should never be

regarded as wasted. It is not wasted, because the student is acquiring

the power to investigate subjects on his own responsibility, and the

ability to skim rapidly over large masses of material and select only

the things that are really useful. It is only after long periods of such

diligent work that the student can feel himself master of the resources

of great libraries, and an expert in the use of the sources of evidence.

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.

II. Recording evidence.

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 his memory. 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:

_1. Use small cards or sheets of paper of uniform size._

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.

_2. Place only one fact or point on each card._

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.

_3. Write on only one side of the card._

The handling of these cards becomes a very awkward process if writing is

placed on both sides. Otherwise the process 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.

_4. Express the idea to be put on the card in the simplest and most

direct terms._

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.

_5. Each card should be complete in itself._

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 of the 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].

_6. Material for refutation should be preceded (at the top of the card)

by an exact statement of the argument to be refuted._

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.

_7. The main issue or subject to which the evidence relates should be

stated at the top of the card._

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 remedy should 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.

_8. The source from which the evidence is taken should be definitely

stated at the bottom of the card._

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:

┌────────────────────────────┬───────────┬────────────────────────────┐

│ _Subject_ │ │ _Authority_ │

├────────────────────────────┴───────────┴────────────────────────────┤

│ │

│ _Evidence_ │

│ │

│_Source of Evidence._ │

│ │

└─────────────────────────────────────────────────────────────────────┘

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:

┌──────────────────────────────────┬──────────────────────────────────┐

│ _Subject_: │ _Authority_: │

│ _Protection not needed._ │ _Richard T. Ely._ │

├──────────────────────────────────┴──────────────────────────────────┤

│“Our quondam infant industries have for the most part, attained a │

│very vigorous maturity, and in some instances have become belligerent│

│and prone to monopolistic bullying.” │

│ │

│_Source_: Outlines of Economics, p. 312. │

└─────────────────────────────────────────────────────────────────────┘

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.

III. Selecting evidence.

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:

_1. The evidence must come from the most reliable source to which it can

be traced._

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 the _North

American Review_. You must then consult the number of the _North

American Review_ to 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 the _North

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 the

_North American Review_ is not the most reliable source. In this case

the most reliable source is the _Report 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 the _Report of the United States Treasurer_.

Thus the fact to be used is traced through the statement of a

fellow-student, through the editorial in the newspaper, through the

article in the _North American Review_, back to its original and

trustworthy source—the _Report 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.

_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._

In the preceding section reliable sources of evidence have been

indicated in a general way. It is, however, by no means possible 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 to know

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.

_3. Evidence should be examined to determine whether there are attendant

circumstances which will add to its weight._

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 wishes to 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 a way 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.

_4. The selection of evidence must be fair and reasonable._

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 populous states 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.

_5. The position and arguments of the opposition should be taken into

consideration._

Argument implies opposition. It may not be active opposition, it may be

only passive. Arguments advanced for the 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.

_6. That evidence should be selected which will appeal most strongly to

those to whom the argument is to be addressed._

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 preconceived ideas, 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 offered in 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.

IV. The amount of evidence required.

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 to the 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 from which 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

carefully studied, 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?

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