The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-28

change which seems to result from the fact
that the ironical use of the word becomes 80
common from the greater frequency of the
occasions when it must be used ironically
that this use displaces the employment Of the
word in its simple original sense. Justice
was once right as secured and defined by the
law Law was made to secure 10 every man
his own, and the result was justice. Law and
justice were therefore separable-necessary
correlatives. Already, however, the separa-
ton of the two is recognized. and law and
justice are SO plainly felt to be widely differ
ent that we have one class of courts for the
determination of law and another class for
the rendering Of justice under the name Of
equity. Justice, therefore, is now in common
! use directly opposed in meaning to o word
that was formerly its synonym /; and if the
! lawyers continue for few generations more
to refine away right by legal subtleties this
word will come to express the idea now ex-
pressed by injustice. In watching such
change in fundamental ideas and words it is
pleasant to come across a case which indi-
Gates that there are people less progressive
than ourselves and that there is one corner
of the civilized world where the primary rela-
as the simple means of securing justice in
defiance of technicalities and other devices OF
the enemy.
Dubois and Genin were neighbors in lit
tie French town, and Genin borrowed from
Dubois the sum of one hundred and fifty
b. Il,
on the Feast of ST. Fortunatus. Dubois was
not a learned man. He was only good
natured neighbor. He did not trouble him
self to study very closely the paper given
him, and he troubled himself even less at
all times about the saints consequently he
did not know the days on which their festivals
came. It is, perhaps little odd that he was
not acquainted with st. Fortunatus who is
well known even to the unlearned, from the
fact that the occurrence of his day is incon-
veniently uncertain. 1t is, therefore, very
bad day for the date of financial obligation.
In fact it is q period analogous to our famous
"When two Sundays come together" and is
the same with that classical date, the Greek
Kalends Dubois was not in hurry for his
mo- ey, and he waited q year. 1t then oc
Cured to him that, as three hundred and sixty
five days had gone by, it was odd that some
one of them had not proved to be the day of
the first saint in whom he ever felt an interest.
He, therefore, abruptly asked his neighbor
upon what day that saints festival
was celebrated His neighbor calmly
referred him to the calendar. He studied
the calendar deeply, but found no such
saint He had loaned his money to he repaid
on day that would never come. His faith in
human nature was shaken when he found that
through his neighborly simplicity-through
being specimen Of that best variety of the
human Species man not in the least degree
smart, sharp or shrewd-he had been made
the victim of vulgar and familiar swindle.
But his faith in human nature WAS not all
gone and his faith in justice and the judges
was as fresh as that of child in the oracle of
the buttercups. He brought that mean rogue,
his neighbor, into court. There the case was
all zone over with the usual fourishes of
"and" and 'but' and aforesaid" It was
Simple case for there was the note and the
signature was acknowledged. All that was
necessary was to fix the period when the pay
ment therein provided for should be made.
There was Judge on the bench compared
to whom that young man Daniel was mere
Babylonish prig. He observed that the ques-
ton whether or no "Mr. Fortunatus'' was o
saint was not before that court. This person
Fortunatus was described as saint
in the document in evidence, and that
dignity must be accorded him on the author
itv of the maker of the document who was
clearly more familiar with the quality Of this
Fortunatus than the Court was. 1t is clear
that the point to determine was what day in
the wear is sacred to this saint It is true the
Court had not been able to find his name in
the calendar, ''but this does not prove that
he has no day." At these ominous words the
defendant certainly felt uneasy; 'for," con-
tinued the Court ''there have, happily, been
more saints in the world than there are days
in the year, and every saint, therefore, could
not have particular day; but there is one
day sacred to oil those saints together who
were not of sufficient Importance to have days
nj their own This day is sacred to st. For.
tunatus in common with oil the Others and
the sum named In the bond therefore justly
falls due on All Saints Day." And this
beautiful piece of justice was the issue of q
suit for thirty dollars. But let as not regre
that the sum was so small. If it had beer
thirty thousand dollars there would have beef
, more lawyers in the case, and therefore NOR
lav-sud therefore far less Justice.