Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1867-11-07
scribner ON Dover.

Ohio has just reason to be proud of her
bar. We might prove this by naming its
living members. But we prefer the custom
of the French advocates who pronounce
Judgment upon their dead associates, and
not upon the living, in order that their
Judgment may not be warped by the fear of
giving offense. Nil nsortuis nisi bonuns is
generous, but not an altogether wise max
i'm. For who, with a sense of justice and
mercy in his heart, would speak nothing
but good OF JEFFREYs or a SCRoGGs, or
palsy his tongue rather than denounce
them.
Not in accordance, then, with this max
i'm, but in strict subordination to historic
justice, do we call up the names of MEIGs,
HUNTINGTON. ST. CLAIR, JR- SPRIGG. TOP,
the elder, SYMMEs, ScoTT, MORRIS, IRWIN,
BROWN, PEAsE, BURNET, MCLEAN, COUCH
SHERMAN, HITCHCOCK, HAYWARD, GooDE-
NOW, WooD, WRIGHT, CoLLETT, LANE,
GRIMKE, G. SWAN, BRUSH, READ, AVERY,
Baldwin, (Jhe chief author of the Consti-
tuition of 1902, BEECHER, CREIGHTON, TAP
PAN, CRANE, WHITTLEsEY, HAMMOND, Sill
LIMAN. CoRwIN, GRANGER, WILSON, NYE,
WILCOX, PARISH, KING, DOUGLAS, BOND,
OLDs, WILEY, SEARLE, GODDARD, Con-
vERs, WALKER, CAMPBELL, Ross, MCNUTT,
ANTHONY, BELL, HAMER, MEDILL, KEN
NON, JR., and others, who illustra-
ted and adorned our legal annals.
OF them we may truly say that their
genius, talents, learning and worth, shed
lucfro nnnp tho coiopoo of ha loxy opd
justly entitle them to be forever borne in
grateful remembrance by the people OF
Ohio.
But while 1t is wise, in judging advo-
Gates, to speak only of the dead, the rule is
otherwise when we speak of legal authors.
A book challenges criticism. And of all
books, legal production challenges it the
most. A book of mere fancy or imagina-
tion-as a novel or poem-may live or
die, and the world be none the bet
ter or worse. An ill written history is sell
dom reproduced in second edition. An
condemned in month. And all these have
but slight, if any, effect on the practical
business of mankind. But bad law book
is positive evil. 1t misleads, where every
mis-step does harm. 1t inculcates error
where there should be nothing but truth
1t lays the foundation for erroneous deci-
sions that may not be corrected in a CEN
tury. How many false judgments have
had this origin? How often does the
learned lawyer trace an inaccuracy, SEEM
ingly sanctified by the lapse OF time, back
to remark of some careless text writer,
wholly unsupported by respectable au-
thority? For these reasons, bad law book
is book not TO be tolerated. And, on the
other hand, a good law book Cannot be to o
highly priced.
We refer, then, with pride to the emin-
ence attained by Ohio lawyers in legal au-
thorship. Our Supreme Court Reports
show not only the learning of the Judges,
but also the skill and ability of the Report
ers. The Digests of WILCOX, NASH, and
GHoLsoN and OKEY have merited repu-
tation. The last named is, in the truest
sense of the word. Digest, as distinguish
ed from mere Index. 1t is seldom that
cases have been analyzed with such accu-
racy, and so we'll condensed, as is done in
this work.
Judge WALKERS Commentaries on
American Law has become textbook in
almost every law school.
Judge JOSEPH r. SWANS Treatise for
Justices of the Peace is model work of
the kind, and may be consulted with ad-
vantage by the most experienced lawyers,
as well as by laymen. His works on
Pleading and Practice, though less widely
known, are entitled to commendation.
Mr.. WILcox's Ohio Forms and Practice
did more to produce brevity in pleadings
and entries, and uniformity in practice,
than was ever before accomplished by a
single work of the sort. His last work,
"Practical Forms under the Code of Civil
Procedure" is worthy supplement to the
former.
Judge NAsH's Pleading and Practice
contains much valuable learning, though
its merits are somewhat marred by follow
ing obsolete forms too closely and by crit
icism that sometimes looks like censorious-
ness.
But, of all the works on the code, that
which has the most practical value for the
lawyer, is Judge SENEY's. 1t is a most ac-
curate and well arranged synopsis OF the
decisions upon the New York and Ohio
codes, and is rade mecum that no lawyer
should be without. We hope soon to see a
new edition of it, embodying the decisions
down to the present time.
We now come to works of a somewhat
different character, monographs, devoted
to particular branch of the law. First, in
point of time, come PAGE ON Divorce, and
the same author on Virginia Military Land
Law; brief, but useful, treatises.
Next, SWANS Manuel OF Executors and
Administrators, a work that has been pro-
ductive of great benefit.
Then, MATTHEWS Manuel for the use OF
Guardians, an unpretending but meritori-
Gus synopsis of Ohio law on that subject.
WARREN's Precedents of Indictments,
being copies of actual indictments, is a
useful book, though some of them are by
no means skillfully drawn.
Next, we have the work of Judge HURD
on Habeas Corpus, grand work, full of
accurate learning and profoundly imbued
with the true spirit of American Constitu-
tional Liberty. Unfortunately for Ameri-
ca, its precepts have been wantonly disre-
gardei during the last six years; but, with
returning reason, will come the sure tri-
unph of its principles, and the name of its
author will live in the memory OF his
countrymen among the names of those
who, in whatever age, have been the de-
tenders of we'll regulated freedom.
Finally, we have Mr.. ScRIBNER's great
work, whose name stands at the head of
this article. Of the first volume we spoke
when it appeared three years ago. Of the
oaoond volume xyhiob ha xx,orl-