While in Bombay, I began, on the one hand, my study of Indian law and, on the other, my experiments in dietetics in which Virchand Gandhi, a friend, joined me. My brother, for his part, was trying his best to get me briefs.
The study of Indian law was a tedious business. The Civil Procedure Code I could in no way get on with. Not so however, with the Evidence Act. Virchand Gandhi was reading for the solicitor’s examination and would tell me all sorts of stories about barristers and vakils. ‘Sir Pherozeshah’s ability,’ he would say, ‘lies in his profound knowledge of law. He has the Evidence Act by heart and knows all the cases on the thirty-second section. Badruddin Tyabji’s wonderful power of argument inspires the judges with awe.’
The stories of stalwarts such as these would unnerve me.
‘It is not unusual’, he would add, ‘for a barrister to vegetate for five or seven years. That’s why I have signed the articles for solicitorship. You should count yourself lucky if you can paddle your own canoe in three years’ time.’
Expenses were mounting up every month. To have a barrister’s board outside the house, whilst still preparing for the barrister’s profession inside, was a thing to which I could not reconcile myself. Hence I could not give undivided attention to my studies. I developed some liking for the Evidence Act and read Mayne’s Hindu Law with deep interest, but I had not the courage to conduct a case. I was helpless beyond words, even as the bride come fresh to her father-in- law’s house!
About this time, I took up the case of one Mamibai. It was a ‘small cause.’ ‘You will have to pay some commission to the tout,’ I was told. I emphatically declined.
‘But even that great criminal lawyer Mr. So-and-So, who makes three to four thousand a month, pays commission!’
‘I do not need to emulate him,’ I rejoined. ‘I should be content with Rs. 300 a month. Father did not get more.’
‘But those days are gone. Expenses in Bombay have gone up frightfully. You must be business-like.’
I was adamant. I gave no commission, but got Mamibai’s case all the same. It was an easy case. I charged Rs. 30 for my fees. The case was not likely to last longer than a day…….
This was my début in the Small Causes Court. I appeared for the defendant and had thus to cross-examine the plaintiff’s witnesses. I stood up, but my heart sank into my boots. My head was reeling and I felt as though the whole court was doing likewise. I could think of no question to ask. The judge must have laughed, and the vakils no doubt enjoyed the spectacle. But I was past seeing anything. I sat down and told the agent that I could not conduct the case, that he had better engage Patel and have the fee back from me. Mr. Patel was duly engaged for Rs. 51. To him, of course, the case was child’s play.
I hastened from the Court, not knowing whether my client won or lost her case, but I was ashamed of myself, and decided not to take up any more cases until I had courage enough to conduct them. Indeed I did not go to Court again until I went to South Africa. There was no virtue in my decision. I had simply made a virtue of necessity. There would be no one so foolish as to entrust his case to me, only to lose it!
But there was another case in store for me at Bombay. It was a memorial to be drafted. A poor Mussalman’s land was confiscated in Porbandar. He approached me as the worthy son of a worthy father. His case appeared to be weak, but I consented to draft a memorial for him, the cost of printing to be borne by him. I drafted it and read it out to friends. They approved of it, and that to some extent made me feel confident that I was qualified enough to draft a memorial, as indeed I really was.
My business could flourish if I drafted memorials without any fees. But that would being no grist to the mill. So I thought I might take up a teacher’s job. My knowledge of English was good enough, and I should have loved to teach English to Matriculation boys in some school. In this way I could have met part at least of the expenses. I came across an advertisement in the papers: ‘Wanted, an English teacher to teach one hour daily. Salary Rs 75.’ The advertisement was from a famous high school. I applied for the post and was called for an interview. I went there in high spirits, but when the principal found that I was not a graduate, he regretfully refused me.
‘But I have passed the London Matriculation with Latin as my second language.’
‘True but we want a graduate.’
There was no help for it. I wrung my hands in despair. My brother also felt much worried. We both came to the conclusion that it was no use spending more time in Bombay. I should settle in Rajkot where my brother, himself a petty pleader, could give me some work in the shape of drafting applications and memorials. And then as there was already a household at Rajkot, the breaking up of the one at Bombay meant a considerable saving. I liked the suggestion. My little establishment was thus closed after a stay of six months in Bombay.
I used to attend High Court daily whilst in Bombay, but I cannot say that I learnt anything there. I had not sufficient knowledge to learn much. Often I could not follow the cases and dozed off. There were others also who kept me company in this, and thus lightened my load of shame. After a time, I even lost the sense of shame, as I learnt to think that it was fashionable to doze in the High Court.
If the present generation has also its briefless barristers like me in Bombay, I would commend them a little practical precept about living. Although I lived in Girgaum I hardly ever took a carriage or a tram-car. I had made it a rule to walk to the High Court. It took me quite forty-five minutes, and of course I invariably returned home on foot. I had inured myself to the heat of the sun. This walk to and from the Court saved a fair amount of money, and when many of my friends in Bombay used to fall ill, I do not remember having once had an illness. Even when I began to earn money, I kept up the practice of walking to and from the office, and I am still reaping the benefits of that practice.
Disappointed, I left Bombay and went to Rajkot where I set up my own office. Here I got along moderately well. Drafting applications and memorials brought me in, on an average, Rs 300 a month. For this work I had to thank influence rather than my own ability, for my brother’s partner had a settled practice. All applications etc. which were, really or to his mind, of an important character, he sent to big barristers. To my lot fell the applications to be drafted on behalf of his poor clients.
I must confess that here I had to compromise the principle of giving no commission, which in Bombay I had so scrupulously observed. I was told that conditions in the two cases were different; that whilst in Bombay commissions had to be paid to touts, here they had to be paid to vakils who briefed you; and that here as in Bombay all barristers, without exception, paid a percentage of their fees as commission. The argument of my brother was, for me, unanswerable. ‘You see,’ said he, ‘that I am in partnership with another vakil. I shall always be inclined to make over to you all our cases with which you can possibly deal, and if you refuse to pay a commission to my partner, you are sure to embarrass me. As you and I have a joint establishment, your fee comes to our common purse, and I automatically get a share. But what about my partner? Supposing he gave the same case to some other barrister he would certainly get his commission from him.’ I was taken in by this plea, and felt that, if I was to practise as a barrister, I could not press my principle regarding commissions in such cases. That is how I argued with myself, or to put it bluntly, how I deceived myself. Let me add, however, that I do not remember ever to have given commission in respect of any other case.
Though I thus began to make both ends meet, I got the first shock of my life about this time. I had heard what a British officer was like, but up to now had never been face to face with one.
My brother had been secretary and adviser to the late Ranasaheb of Porbandar before he was installed on his gadi1, and hanging over his head at this time was the charge of having given wrong advice when in that office. The matter had gone to the Political Agent who was prejudiced against my brother. Now I had known this officer when in England, and he may be said to have been fairly friendly to me. My brother thought that I should avail myself of the friendship and, putting in a good word on his behalf, try to disabuse the Political Agent of his prejudice. I did not at all like this idea. I should not, I thought, try to take advantage of a trifling acquaintance in England. If my brother was really at fault, what use was my recommendation? If he was innocent, he should submit a petition in the proper course and, confident of his innocence, face the result. My brother did not relish this advice. ‘You do not know Kathiawad’, he said, ‘and you have yet to know the world. Only influence counts here. It is not proper for you, a brother, to shirk your duty, when you can clearly put in a good word about me to an officer you know.’
I could not refuse him, so I went to the officer much against my will. I knew I had no right to approach him and was fully conscious that I was compromising my self-respect. But I sought an appointment and got it. I reminded him of the old acquaintance, but I immediately saw that Kathiawad was different from England; that an officer on leave was not the same as an officer on duty. The political Agent owned the acquaintance, but the reminder seemed to stiffen him. ‘Surely you have not come here to abuse that acquaintance, have you?’ appeared to be the meaning of that stiffness, and seemed to be written on his brow. Nevertheless I opened my case. The sahib was impatient. ‘Your brother is an intriguer. I want to hear nothing more from you. I have no time. If your brother has anything to say, let him apply through the proper channel.’ The answer was enough, was perhaps deserved. But selfishness is blind. I went on with my story. The sahib got up and said: ‘You must go now.’
‘But please hear me out,’ said I. That made him more angry. He called his peon and ordered him to show me the door. I was still hesitating when the peon came in, placed his hands on my shoulders and put me out of the room.
The sahib went away as also the peon, and I departed, fretting and fuming. I at once wrote out and sent over a note to this effect: ‘You have insulted me. You have assaulted me through your peon. If you make no amends, I shall have to proceed against you.’
Quick came the answer through his sowar:
‘You were rude to me. I asked you to go and you would not. I had no option but to order my peon to show you the door. Even after he asked you to leave the office, you did not do so. He therefore had to use just enough force to send you out. You are at liberty to proceed as you wish.’
With this answer in my pocket, I came home crest-fallen, and told my brother all that had happened. He was grieved, but was at a loss as to how to console me. He spoke to his vakil friends. For I did not know how to proceed against the sahib. Sir Pherozeshah Mehta happened to be in Rajkot at this time, having come down from Bombay for some case. But how could a junior barrister like me dare to see him? So I sent him the papers of my case, through the vakil who had engaged him, and begged for his advice. ‘Tell Gandhi,’ he said, ‘such things are the common experience of many vakils and barristers. He is still fresh from England, and hot-blooded. He does not know British officers. If he would earn something and have an easy time here, let him tear up the note and pocket the insult. He will gain nothing by proceeding against the sahib, and on the contrary will very likely ruin himself. Tell him he has yet to know life.’
The advice was as bitter as poison to me, but I had to swallow it. I pocketed the insult, but also profited by it. ‘Never again shall I place myself in such a false position, never again shall I try to exploit friendship in this way,’ said I to myself, and since then I have never been guilty of a breach of that determination. This shock changed the course of my life.
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