---
title: Improvement Era
description: Monthly periodical of the Mormon church, 1897 onward. This library holds the issues of November 1897 to December 1930.
authors:
  - Parkinson, George D.
collections:
  - periodicals
tags:
  - magazine
  - improvement-era
periodical: Improvement Era
volume: 17
number: 6
published: 1914-04
publisher: Young Men’s Mutual Improvement Associations
publisher_place: Salt Lake City
language: en
type: magazine
reference: 'George D. Parkinson, "How a Utah Boy Won His Way," *Improvement Era* 17, no. 6 (April 1914): 557–563.'
source:
  url: https://archive.org/details/improvementera176unse
  transcription: Transcribed from the Internet Archive scan of each issue (the item for each issue is named in the issue's own source); unnumbered advertising leaves are omitted, printed page numbers are kept as page markers.
  identifier: improvementera176unse
start_page: 557
end_page: 563
rights:
  status: public-domain
  basis: US publication 1930 or earlier (published 1914-04)
  source: https://archive.org/details/improvementera176unse
  publication_year: 1914
  note: The Internet Archive item metadata carries a blanket "© Copyright by Intellectual Reserve, Inc." notice. The library owner judged it inapplicable because this issue was published in 1914, before 1931; a scan-level notice does not restore copyright.
---

# How a Utah Boy Won His Way

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How A Utah Boy Won his Way
BY GEORGE D. PARKINSON, UNIVERSITY OF CHICAGO
It is an interesting fact that in reviewing the story of the
lives of prominent men the frequent occurrence of success in places
where it is least looked for and under seemingly unfavorable conditions overturns the apparent anomaly of the isolated case, and
thus the exception often proves the rule. It is this element of surprise and contrast which fills the biographies of great men with an
abundance of human interest. For example, out of an environment of ignorance and superstition arose a Luther; from poverty
and obscurity came forth a Lincoln to teach the world ; from the
warm, uninvigorating atmosphere of the island of Nevis emerged
a Hamilton to take a place among the greatest statesmen of the
world.
Nor need we wander so far away from home to discover the
working out of this same principle. Indeed its actuality has been
demonstrated and is being demonstrated within the limits of the
personal experience and acquaintance of many of the readers of
this article. Who is not acquainted with the epoch-making accomplishments of Brigham Young in spite of the apparent insurmountable obstacles with which he was surrounded on all sides. Witness the work of his master mind in the building of this great
commonwealth, arising as it has out of a wild desert and hampered
in its growth by the combined opposition of prejudice and ignorance
till today it is the admiration and wonder of the world. This wonderful story is retold in the lives of some of its native sons and
daughters who, reared in surroundings of simplicity and unacquainted with the world, but endowed with a high sense of honor
and unlimited natural capacity and led on by a boundless ambition, have excelled in the world's centers of learning and culture,
have been leaders among statesmen and diplomats, and have attained places of prominence in business and finance.
As a striking example of this fact, attention is here invited to
the story of the remarkable success which has been attained by
the subject of this sketch, a man who is comparatively unknown
to his home people but who, entirely upon his own merits and in
a surprisingly short time, has arisen to a position of international
prominence and honor.
Joshua Reuben Clark, Jr., who is general counsel to represent
the United States before the Mixed Claims Commission now sit-

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558 IMPROVEMENT ERA
ting to adjudge claims between the United States and Great
Britain, was born September 1, 1871, in Grantsville, Tooele county,
Utah. His parents are Joshua R. Clark and Mary Louisa Woolley
Clark, daughter of Bishop Edwin D. Woolley, of Salt Lake City.
His grandparents were among the handful of sturdy pioneers who,
like the pilgrims of old, left their homes and loved ones and braved
the dangers of an unknown wilderness for conscience sake.
Mr. Clark was reared on a farm. The grade school's of
Grantsville and the Preparatory Department of the L. D. S. College, in Salt Lake City, provided his elementary school education.
Not until he had reached the age of twenty-three did he have an
opportunity to enter upon a high school course. This lost time
was more than made up, however, for in the four succeeding years,
besides making up the high school requirements, a college course
was completed, and in 1898 he received the degree of Bachelor of
Science from the University of Utah.
This accomplishment becomes the more remarkable when the
fact is added that during the entire four years spent in college he
earned his own livelihood by working out-of-school hours. This
out-of-school work consisted of acting as clerk to the Curator of
the Deseret Museum, who was then Dr. James E. Talmage. The
duties of this clerkship were to act as janitor, "showman," stenographer to the Curator, and to arrange for exhibiting the specimens of the museum.
It might be of passing interest, on account of the prominence
in later life of the members of the class of 1898, to mention their
names here. They are Albert Johannesen, who for some time
served as petrographer for the United States Geological Survey,
now Professor in Petrography in the University of Chicago ; Herbert Hills who, until his untimely death, followed his profession
of civil engineer ; Dr. Ralph V. Chamberlin ; Miss Mary Connelly,
now editor of the Young Woman's Journal; and Mrs. David O.
McKay, then Miss Rae Riggs.
Shortly after completing his college course, Mr. Clark married Miss Luacine A. Savage, daughter of C. R. Savage, Salt
Lake's pioneer photographer.
During the succeeding five years Mr. Clark was engaged in
educational work in Utah. The first year was spent in teaching
English and Latin in the L. D. S. College, and commercial courses
at the Salt Lake Business College, and after a year as Acting
Principal of the Southern branch of the State Normal school, at
Cedar City, he became again identified with the Salt Lake Business
College and continued to teach there until that school was absorbed by the L. D. S. College, in the spring of 1903, and during
the latter part of this time acting as principal.
For some time he had been contemplating taking up the study
of law, but as the years passed, he found it more and more difficult

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HOW A UTAH BOY WON HIS WAY 559
to break away from educational work, in which field he had already attained a prominent position in local circles. However, in
the fall of 1903 he moved his family to New York City, where he
entered the law school of Columbia University.
From that day his rise has been rapid. His previous experience and education had ideally fitted him to take up the study of
law. His rugged physical makeup, developed in his early youth
upon a Utah farm, now stood him in good stead. With no outside
interests to dissipate his attention and energy, he gave himself up
entirely to the pursuit of his law work. Immediate developments
proved that he had "found himself" in this new field. His work
was of such a high quality that in the beginning of the second
year he was elected one of the first three Second Year students to
the editorial board of the Columbia Law Revietu, an honor bestowed only in recognition of the highest attainments in scholarship. At the end of the second year he was made editor of the
"Recent Decisions Department" of the Reviezv, which position he
held until his graduation with the degree of LL. B., in 1906.
His work early attracted the attention of Dr. James Brown
Scott, at that time a professor in the Columbia Law School, and
during the vacation period, between the second and third years at
the law school, he assisted Dr. Scott in the compilation and annotation of a case book on quasi contracts, which is now used in
most of the leading law schools of the country, and upon graduation was employed by Dr. Scott who meanwhile had become Solicitor for the Department of State of the United States, to compile
and annotate the major portion of two volumes of cases on equity
jurisdiction, his work covering the sections devoted to the origin,
growth, and development of equity, the nature of equity jurisdiction, the grounds of equitable jurisdiction, the fundamental principles and maxims controlling the administration of equity, equitable rights predicated upon accident, and an elaborate series of
cases devoted to the equitable remedy of specific performance.
At this time Secretary Root was casting around for a suitable
man to fill the position of Assistant Solicitor in the Department of
State. Appointments in this branch of the government service
were not at that time made under political patronage. They were
not part of the spoils system, in any way, but were made entirely
on the basis of efficiency and ability. The choice fell upon J. Reuben Clark, his appointment being made in September, 1906.
His first considerable work in this office was the preparation
of a monograph upon the subject of citizenship from the standpoint of judicial determinations and decisions thereon. This was
incorporated and made a part of the final report of a board appointed by the Secretary of State to report on the subject of citizenship, expatriation and protection abroad, the board being constituted under and in accordance with a joint resolution of Con-

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560 IMPROVEMENT ERA
gress, calling for such a report. This part of the report is used as
the reference work of the Bureau of Naturalization, Department
of Commerce and Labor. The work has been characterized by
an acknowledged authority as a "masterly compilation."
The Assistant Solicitorship was held by Mr. Clark for a
period of four years, during the latter part of which time he served
as Acting Solicitor in the absence of Dr. Scott. This four-year
period is full of big achievements. Cases of international importance, involving millions of dollars ; difficult questions of international, constitutional and civil law were referred to him for
expert advice and decision. Such recommendations, upon their
acceptance by the Secretary of State, would thus become the final
and authoritative position of the United States government upon
the questions at issue.
The following is typical of the nature of the business which
was handled in this office between September 12, 1906, and July 1,
1910. Entire charge was taken of the matters of extradition and
during this time the famous Russian refugee cases, the Poureen
and Rudovitz cases, were handled. As a result of his work, in
connection with these cases, on the invitation of the American
Society of International Law, of which he is a member, Mr.
Clark delivered an address before that body, at the annual meeting of the society, in 1909, upon the subject of political offenders
and offenses in extradition. Also an important phase of his work
was the investigating of old claims of American citizens against
foreign countries.
Acting upon his report of the case, Secretary Knox took up
and pressed upon the attention of Chile, the now famous Alsop
case. Subject to the approval of Secretary Knox, Mr. Clark
handled the diplomatic negotiations with Chile which led to the
framing of an agreement upon a protocol under which the whole
matter was referred to arbitration, the king of England acting as
Royal Amiable Compositeur. The Assistant Solicitor prepared
the entire case of the United States in this controversy, the arguments of which covered 350 pages, with an appendix of two volumes containing the evidence submitted, and the counter case of
the United States (the answer to Chile's case) which covered 200
pages, with an appendix of one volume of evidence. The rush
of the current business of the office was so great that the work
on the Alsop case had to be done at nights after working hours.
The king of England, as Amiable Compositeur, gave an award
in favor of the United States, for $905,000, which is one of the
largest international awards ever made.
In July, 1910, President Taft, upon the recommendation of
Secretary of State Knox, appointed J. Reuben Clark Solicitor for
the Department of State. The Solicitor is technically an officer
of the Department of Justice, ranking as an Assistant Attorney

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HOW A UTAH BOY WON HIS WAY 561
General, and designated for work in the Department of State.
As a matter of law, he is the chief law officer for the Department
of State, and all legal questions arising in connection with the
work of the Department of State, both as affect the government
of the United States and as they affect other governments, are
referred to him for opinion.
In this capacity Mr. Clark assisted, for example, in the drafting of our Treaty of Peace and Commerce with Japan, of 1911 ;
our loan treaties with Honduras and Nicaragua, the last three as
yet unperfected. He was also consulted in the drafting of the
Knox-Bryce Arbitration Treaties with Great Britain and France,
which treaties were approved with amendments by the Senate
after a long debate.
The character of the work of the Solicitor may be judged
from the following list of questions which do not constitute a
schedule of all of the work performed by him, but is merely illustrative of the wide scope of his work :
International right and custom of Great Britain to levy a tax on
the official income of an American consul in India.
Right of Cuban Government under Cuban constitution to pass
laws impairing the obligation of contracts.
Effect of proposed amendments to the Mixed Civil Code of Egypt.
Regulations and procedure for the consular courts in China.
The effect of the Piatt amendment (Treaty of Relations with
Cuba, 1903) as limiting the power of Cuban Government to enact
fiscal legislation.
Clearance papers, granting of, to ports held by insurgents.
Closure by parent government, either by executive decree or legislative act, of ports held by insurgents.
Constitutional right under constitution of Panama of "designado''
to exercise functions of the President.
Consular certificate to common law marriages in China.
Damages for interference by the parent government with traffic
to and from ports held by insurgents.
Declaration of London, a proposed codification of the rules of
maritime warfare.
International prize court, for the determination of international
prize .cases.
Real property, law of, in Morocco.
Maritime conference at London, for codifying the maritime laws
of the world.
Mining laws in Morocco.
Payment of double customs duties— first to insurgents in charge
of port of parent government and then to parent government, and
vice versa.
Protection by the United States of Colorado River levee— Imperial
Valley.
Right of aliens to hold land in the Kongo.
Right of consuls to administer estates toAmencan citizens. Duties
of consular officers in protecting American citizens.^
Duties of consuls in case of mutiny on American vessel on high
seas.

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562 IMPROVEMENT ERA
Detention of seamen of Norwegian vessels as witnesses in local
State courts.
Right of aliens to acquire or dispose of real property in the United
States.
In the matter of claims, it may be observed that from March,
1909, until March, 1913, the Department of State collected or
made arrangements for collecting about $3,330,000 American gold,
for injuries suffered by American citizens. As Assistant Solicitor,
and Solicitor, Mr. Clark entirely handled the legal aspects of
claims which brought in $2,330,000 and he was concerned in the
legal aspects connected with all of these claims.
During the period covered by Mr. Clark's incumbency the
science of international law has perhaps made greater development
than during any period of similar duration. Mr. Clark, in his capacity of Assistant Solicitor and of Solicitor for the Department
of State, has been called upon to set many precedents and to decide many new and novel principles, and as a result it might be
safely said that he is the best authority in the United States today
on modern international law. He has perhaps contributed more
towards the recent development of this branch of law than any man
in America. One of his most noteworthy contributions was made
in conection with the distribution of the Alsop award. It consists of an elaborate opinion on the legal aspects of the ownership
and distribution of international awards, in which is considered
the relationship of the government to a claim which it takes up
internationally, and the powers of the Executive and Congress over
any award secured in the settlement of the claim. This was printed
in the American Journal of International Lazv, for April, 1913,
and has been favorably commented upon by the leading legal publications.
On May 14, 1912, he delivered before the International Red
Cross Conference, held in Washington, D. C, an address on the
assistance of Red Cross societies to forces engaged in insurrection, revolution, or any kind of civil warfare. In connection with
this he made an elaborate study of the entire question of Red Cross
societies. The plan proposed by him to provide for Red Cross assistance in times of civil disturbance aroused considerable opposition upon the part of the continental military powers of Europe, particularly Russia, Germany, and Italy, who were able temporarily to defeat, at the conference, the project proposed.
Perhaps the biggest thing that Mr. Clark, as yet, has been
called upon to do, came with his recent appointment by the President of the United States to the Chairmanship of the American
Preparatory Committee to represent the United States on the International Preparatory Committee for the Third Hague Conference to be held at the Hague, in 1915. The other members of the

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HOW A UTAH BOY WON HIS WAY 563
Committee are General Enoch H. Crowder, Judge Advocate General, U. S. A., and Rear Admiral Richard Wainwright, retired
U. S. N. The duty of the American Committee is to consider
and report upon the matters which they consider are ripe for consideration by the next conference at The Hague, and to collaborate with similar committees from the other powers in preparing a
program for that conference. Many of the world's greatest lawyers, jurists and diplomats have participated in the two previous
Hague conferences.
Mr. Clark's latest promotion came on January 15, 1913, in
the form of an appointement as General Counsel to represent the
United States before the Mixed Claims Commission, now sitting
to adjudge claims between the United States and Great Britain.
His duties there involve the matter of the presentation and management of the legal arguments and the treatment of questions of
law and evidence going before the Commission. Aiding him in
this matter, and working under his direction, are several prominent
New York and Washington attorneys. Sir Charles Fitzpatrick,
Chief Justice of Canada, who represents Great Britain as one of
the judges on the Mixed Claims Commission, said, after Mr. Clark
had completed his first argument before the Commission, that it
was one of the most able legal arguments he had ever heard.
The high character and importance of the office of Solicitor
for the Department of State is shown by the .fact that it took the
President and the Secretary of State several months to find a man
whom they considered competent to fill the vacancy caused by the
resignation of Mr. Clark ; and finally, after seven or eight months
of searching, during which time it is understood that many men
were considered, the office was filled by the Senate's confirming
the appointment of ex-Governor Joseph W. Folk, of Missouri,
who had already been considered by his party for presidential
honors.
A letter written to Mr. Clark by Secretary Knox at the time
of Mr. Clark's new promotion contains the following:
"In taking note of this fact (his resignation) I seize the opportunity
of expressing to you my deep and sincere appreciation of your service in
that office. It has been characterized by a degree of ability^ and loyalty
that has commanded my highest appreciation and gratitude."
Hon. Huntington Wilson, who was Assistant Secretary and
often Acting Secretary of State, stated to the writer :
"I was closely associated with Mr. Clark, and had every opportunity
to observe his works during the entire time he was in the Department of
State I never knew a man whose high character, sound judgment and
splendid ability won for him a more extraordinary position in the absolute confidence of those in charge of the department and of all with whom
he was associated. As for his legal ability I heard one of the greatest