The Canton advocate. [volume] (Canton, D.T. [S.D.]) 1877-1897, 1884-03-13
PROBATE JUDGE M1LLETT.
He Advises Canton Lawyers to Don
Sharp Practice.


EDEN, March 10, 1884.
EDIToRs CANTON ADVOCATE: Gentlemen. IN
your issue Of Feb 9sth Appers lengthy articl
Signed Attorney. Prsfaced by allsding to tho lste
controversy between yourselves aud me, charging
each Of US Of doing injustice to AttorDsys, and
says "Your both wrong" for my part I am glad
that man of so much brains has come to our res
cue, perhaps ws can get Straight now.
But in the irst place want to test little Of his
logic and as I was awarded the most Of his wisdom
(?) will sndeavor to dsseet it before swallowing
1t whole, believing you to bs amply able to look af-
ter your share. This man Of wisdom seems to be
able to put different construction on words and
sentences to what am able to, and would like to
know which is right. for instance, where 1 stated
that the legislators know only to well tho caprces
Of Attorneys and il left to attorneys to designate
what paper to publish legal notices in they would
almost invariably select the most Obscure and
smallest publication" which he constructs to mean
in effect. charging Attorneys with dishonesty. now
If understand the word caprice It means 3 FREAK.
and the selecting Obscure publications in the prac-
tice Of law would be called SHARP PRACTICE. new
If that kind Of sharp practice means dishonesty,
would advise all such ''honest (?) minded Attor-
nsys to quit the profession, Or they will go to
tho poor house. Sharp prs5tiee 10 what gives At
torneysa reputation but In tho study Of Law you arc
not taught 1t. 1t is acquired In the practice and
tho sooner you acquire 1t, the more business you
will have, IS the most litgants Ass TRICKY and as
you say you reprsent your clients interest," (he law
being honesty you have to resort 10 comfort the law
by missconstruction hopeing 10 set verdict in IA
vor OF your client, and II you are successful the
world calls you . sharp lawyer, consequently my
construction OF the intention OF the legislator I
claim Is right, and In SO constrewing don't think
slured the attorneys in the lea but placing to
their creadt what tig ants wants know their at
torneys to have. Attorneys . class Of profess
sionsls privileged to disception in their prac-
tice and are not called dishonest for SO doing.
they ara privelaged the as writer's Of fiction,
who, when they attain = reputation for their Wit,
are applauded by the world.
According to the logical reasoning OF "Attorney'
he would have to call writer's of felton, liars as the
two constructions would be synominus.
That portion Of the article describing the idea we
americans have of court, is good, but he endeav-
ors to carry the idea that not governed by
that principal, that deviate 30 far that defeat
Justice Simply because I control the publication
of the orders " my court instead Of allowing tom
dick and harry to tell me where to publish my or
ders. I'LL the letter and intention Of tho law when
publish my orders In a newspaper published in
the county and no one haa the right 10 question my
motives, what ever nper pubish them in.
have been informed by the propriotors OF both
papers that they would not make any concest iors
to any one in the publications OF legal notices.
Attorney" says certain notices are required to be
given by the Judge and certain other notices are re-
quired to be given by the ndminist1ator," and emu
merates seven di iferent notices which be CIV
on by the Judge and says sin all OF these cases is
the duty of the Judge, (not to direct in what paper
the notices be publis hed) BUT HE HIMSELF must |
publish the notice over his official signature in |
of the county and says "only two cases
are found where the Judge desgnates the psper.r
Now that seems very strange logic to me. 1 think !
1t would be strange enactment of law to make 1t |
Of Judge to publish certain proceed
inss, and then oblige him to find out Of some one
else where he should do 1t but such 10 "Attorpeys"
construction OF law. notices required to be given
by thI administrator have never tried to control
and cannot conceive why attorney took up so
much OF your valuable Space mentioning the duties
Of adm Illustrators.
1t is true the estates has to pay for all these pub
licattons Of notices. and for that reason atorney"
don't see why the Judge should arbitrarily dictate
unlsss the pu blicAton OF the notices are perqui-
site which the Judge can farm out" stated In
my former article what deemed Z sufficant reason
for SO doeing, and at resent will not give any fur
ther reason, but now inasmuch "attorney" has
intimated dishonesty on my part, will tell whore
think the shoe pin ches he intimates that tho ad
might IN AXE Arrangements with other
pa pers to get the printing done cheaper, now as
have had Orders pcbiishsds In the thea different
papers Of the county, have been IN position to |
know that If the printing done any cheaper in |
one paper than another the estate never got a.y
benefit of it. All printed notices filed in my ofico
are charged up at full legal rates. consequently II
any body got benefit, 1t must Of have been the ad-
minstrstor or his attorney, and am inclined to |
think It more likely to be the attorney, and that,
that 10 the reason OF attorneys" kicking. pre-
aume he must have some arrangements whereby |
he got percentage drawback for what printing he |
furnishes certain papers. and he don't like to have
ne Judge step in between him and his little |
u ,cheem. We will 20 risht the even tenor Of our
way so fsr as 'attorney" and his article arc con-
serned.
am sorry that he did not think well enough of
his production to sign his proper name. he might
have gained quite notiriety If the people only
know who he was. he had triae more sand than
The author OF that scurelous production that the
man had to 60 twenty miles from home to date it
md sent it annomomusy for fear he be found out
~ its author. Respectfully @. s. MuLxrT.
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