The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1869-06-03


doings and decisions are often referred
10 AS partaking more of the spirit of
equity than tho time honored principles
of law.
= One of these somewhat ludicrous "do-
ings' obtained for him the cognomen Of
Peter Justice, by which he was known
2 for a number Of years. The facts md
circumstances are given in the follow
ing "Report Of legal decision.' which
IL may be we'll to observe. will not be
found in any of the learned reports of
I the decisions of the early courts of Iowa,
compiled by Bradford, Morris, Greene
nes' would say, Is a MS. copy of a
leading case. decided by one of the great
luminaries Of the bench:
-. Judgment against defend
Transcript from the Docket of Peter DRts, j. r.
In this case Samuel Long jr. was gar
nishced Us owing the defendant the sum
OF thirty dollars for services in carrying
the mail from Fulton City to Upton,
for period of three months, by virtue
of n contract
\ lhe cause came on to be heard On
motion of o. {. Ward for the plaintiff.
that Judgment against the garnishec be
entered up for the amount admitted to
be due from him to the defendant
Boyles pro Sc. objected, on the ground
that under the statute no one can be
garnisheed for debt due another,
| where the Indebtedness is for daily
labor, and in this case he insisted that
the carrying the mail was labor, and
excessively hard labor, too, considering
that it was performed on the hard trot
ting, spawned and wind-broken horse
! purchased Of the plaintiff. That it was
also d''i'y idhOr within the meaning of
the statute, and sufficiently clear 10y n
reference to "Cobb's Walker.' where
ddiiH tobor il defined IA Work done tn the
40y time.
Ward. for the plaintiff, resisted the
discharge, claiming that the contract
was indivisiblc, it being for three months
at a specified price for the whole time,
and that the court will not intend it to
be daily labor.
BY TIE COURT.-I is one of the time.
hon"rcd principles Of legal Jurisprudence
that the greater contains the less, ~ it
VIII therefore bc iudicially noticed that
months contain days. and there can be
no doubt that carrying the mail OH
horseback is drHr tubor, even although
! the carrier should occasionally ride
during portion of the night, as the
night part could be struck out as sur
plussage. The garnishee will therefore
he discharged, and Judgment entered up
against the plaintiff for costs.
Ward, for plaintiff, then moved in ar
rest of judgment, that he had just dis
covered a material error in the proceed.
in&S, t"-Wi'; that the transcript of the
original suit on which the garnishment
d, is prcdicated is signed Peter Jtsticc,
which he rontended was not IA sufficient
authentitcation for although had it
been signed Peter DHts, Esq. or DiHs,
Justtco Of the Peace, it might possibly
tie ronSi''"r~a s"'"', Nru Ft'tT, siinply
| is not sufficient, and the addition of the
word Jnsftcc Will not aid
PER CURrAM. M.-There il evidently n
| diminution OF record. 1t is clear that
| from the signature of Peter, simply,
I Dilts cannot be intended: the word
i"stjro being merely dcScyiptio persona,
relating to Peter does not even by i'm
! plica,ion refer to DHs Judgment will
| therefore be arrested, and rule granted
on the Justice to perfect the transcript.
NOTE. the next term tho trans
cript was amended by the addition
1 thereto Of the following certificate:
state of Iowa. Cedar county SIS:
do hereby certify, that by mistake
in the signing of the above certificate,
| Ditts was left out, between the Peter
and Justice.
tSigncd) PETER DrIrs,
Justice OF the Peace.
Judgment was thcrcupon reinstated,
and the garnishment vacated.
! PUBLIC OFFICE.-There are compara-
! lively few offices in the gift Of the gov
ernment, which, if honestly administer
ed, will pay the order Of talent required
to fill them rs well ns legitimate and
| hnn l,l la. Inns h.. a i,is
fortune to most young men to have an
Office given them. Suppose that Mr..
| Vanderbilt or Mr. Stewart or Mr.. Coop
er, or any of our first merchants, had
| been appointed to some small office
wien young, and held it until the rou-
tine work and drudgery of it had unfit
! ted them for mercantile enterprise and
affairs? The best Office any man can
| get in this world is the office that man
may make for himself by wisely direct
ed industry, energy, noblene>s of mind,
generosity and faith. Private life to-day
offers thousand times more induce
ments, and inducements, too, of "A high
er and nobler sort, to the ambitious, in
dustrious and honest men Of the country
than any department of public service.
| 1t is strange that our people DO not see
that the real governors Of our state, the
real Representatives. of our people, the
real rulers, are not the men who play
/ these parts before the public, paying for
the privilege of exercising il little brief
authority out oftheir peace, their honor,
their manlncss, oftentimes. flour peo-
pie would only respect their real rulers
more there would be far less furor and
frenzy for Fictitious ones and the badges
and insignias of office. And when "A
man seeks an office for the pickings and
stealings that he imagines are incident
thereto, or in ordePto shirk honest work,
or for the vulgar notoriety and applause
ii will bring him, or for the power it
! will give him to advance his own selfish
I interests and ambitions, he ought to
have an Office in the almshousa or peni
tentiary.
! A Uniform Joke.-John Ph8niX's
Reply to jeff Davis
Circular.
When Jefferson Davis was Secretary
of War he Issued orders to ail army Of