The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1873-08-22
HITTING AGAINST A ROCK

rhe law abhors litigation, says an old
legal maxim, and while this is true il is, at
the same time, becoming an aphorism of
every day experience that some men seek
every opportunity that presents itself for
embarking upon the uncertain seas of end
less law suits. A multiplicity of law suits,
We are, also, told, is another legal abhor-
renee but mankind either individually or
in combinations, seek to multiply actions
and cross actions, all growing out of the
same original matter in dispute. 1t may
I've that the law and mankind are sub
stantially in accord in their abhOrrences,
and that in the majority of cases, ltiga-
ton and the multiplicity of suits are
sosaGbeiD tqhsslSsh THyRgaGss and thGNIaRsrs
or companies unjustly enriched at the ex-
pense of others. We know that this is
often the case. A half decade of years
has not yet passed since sundry suits, both
in law and equity, were disposed of in this
county having their origin or defense upon
these very same principles. A quarry, de-
scribed by metes and bounds, had been
leased, the owner reserving, instead of a
stipulated annual rent, II royalty upon the
product, arranged upon the prospective
case of working. 1t proved very produc-
tive and could be worked almost without
cost. A portion near by was found to be
still more productive, and the parties, with
out authority, commenced to quarry there
from, reaping rich harvest of pecuniary
profit. Other parties stood ready to ope-
rate the adjoining bed at an enhanced roy
atty, while the original lease of the first
was about to expire. Instead of ceasing
their trespasscs, taking new leases and pay
ing reasonable royalties which other par
ties were ready and willing to do-they in
voked the aid of the courts in its different
branches and by different actions, inter
posing all manner of defcnses, and con-
tinued to turn the product of the soil into
greenbacks, which they pocketed The
end of the suits came at last, but the owner
found himself remediless, as the parties
had, by that time, become bankrupt-sO
far, at least, as property could be found
which could be reached by the process of
the courts The law and its delays was
also invoked by Fernando Wood for
the purpose of keeping an illegal
police force in power as ii was. like
wise, to keep alive the disgraceful fire
department of New York city. The liti-
CATION of the Erie railroad company and of
Fisk and Gould was all of the same char
acter, as were large number of others
that might be mentioned. The object of
all of this kind of litigation can, however
he easily explained. Whether successful
or not, it does not make so much difference.
II large profits can only be reaped or men
retained in power for an indefinite period.
The proposed action of the brewers and
liquor dealers of Massachusetts proceeds
upon an entirely different hypothesis, and,
II made practical action, can have its origin |
only in desire for litigation. We have
seen many men who are never content I'M
less they are engaged in law suit, and
when one is finished, they, at once, COM
mence looking around for the materials
upon which to build another The resolve
of the Massachusetts, brewers and liquor
dealers would seem, at the first glance, to
have its origin in similar feeling in the
minds of the different individuals compris-
ing their meeting, held at Boston during
the present week. They propose, they de-
clare, to submit the subject to the courts,
s. to hay the question determined whether
IS the government is not bound to defend
$ its License and the tax which it imposes"
Il would naturally be presumed that so
arge, intelligent, influential and wealthy a
class OF men as are to be found among the
brewers, wholesale dealers, and hotel
keepers of Massachusetts, would have a
of an idea in reference to the
avs aifecting their business or, If not,
nat they would be advised by some one
earned in the law. But such is not the
'ase' or they love litigation. We should
'elieve the latter to be the case, II we did
lot hear intelligent men here In Vermont
md In Rutland, say that the United states