The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-08-21

suffers from nervousness. Owing possibly,
to this affection, and TO his studious and
retiring disposition, he has never cult
waited court practice until il was forced
upon him by the recognition OF his pre-
eminent abilities, but for years there were
few practitioners who had larger con-
sutation practice, and there were none
whose opinions carried greater weight
with attorneys and clients. He never
mixed in public or political life, and isab-
solutely free from the faintest suspicion OF
partisanship. There never was a Scottish
judge whose appointment gave greater
satisfaction TO people OF every opinion and
party than that OF Lord Kinnear.
The advisers OF Mr.. Parnell have at
least eyinced the sincerity of their desire
for thoroughly fair, impartial and strict
investigation and determination OF his
claims, by the selection of such Judge;
and, il the advisers Of the Times were
equally animated by similar spirit and
desire, they would acquiesce in the selec-
ton.
This appears, however, to be too much
to expect Ii is moro than probable that
a preliminary combat will take place upon
a point at once novel and subtle in Scot
fish law. A brief telegram from London
announced the possible failure of the suit,
on the preliminary objection that, as the
defendants had neither domicile nor prop
erty in Scotland, they were not amcna-
Bile to the jurisdiction Of its courts. But
for such plea there is no possible founda-
ton. The law OF Scotland rendering a
foreigner liable TO the jurisdiction of its
civil courts by the attachment OF funds
owing 10 him in that country, is too well
established 10 allow OF such a plea being
stated even AZ "stave off," We APP
prehend that the difficulty really
Is, not that the defendants, but
that Mr.. Parnell. the pusuer, has no
residence nor property in Scotland. that
he is foreigner and that consequently
he has no claim TO the aid OF Scotch law
and legal machinery for the vindication Of
his rights, as against mother foreigner
However amenable the Times NAV be to
the jurisdiction OF the Scotch courts at the
instance OF q sutton entitled TO the protec-
ton OF these courts, Mr.. Parnell, as
stranger and foreigner" has no such
claim, and consequently cannot get at"
the 7imes through the medium of these
courts This is really where the legal shoe
will pinch the Parnellite foot. Still, even
this plea may possibly not prove insupera-
ole, as the question has never been de-
cided, nor even raised, before, and there
is legal provision for foreigners suing be-
fore the Scotch courts. foreigner who
has ground Of action in Scotland may
sue by letting Scotch mandatory. I"
lie grants a written mandate 10 a resident
and responsible Scotchman 10 prose-
cute the suit for him. The action
is accordingly raised in the name
OF the foreigner and his manda-
tory. The mandatory Is amenablc
10 the orders Of court during the progress
OF the suit; and In the event OF an adverse
decision he is responsible for such costs az
the courts may award. This Mr.. Parnell
has no doubt done, and consequently II the
strict letter OF the law be only looked 10,
his action may be sustained. The Times
is menablc 10 tho court by the attachment
OF its funds. Mr.. Parnell has cited re-
sponsible Scotch mandatory, and II may
possibly be held that In this way both par
ties are competontly brought together be-
fore the court.
But the purpose OF the one law is 10
give Scotchmen legal means OF redress
against foreigners with whom they may
dealings; and the purpose OF the other IL
10 give foreigners a legal remedy against
Scotchmen with whom they may have
dealings, nd II was never contemplated
that both laws should be co-operated 80 as
10 enable one foreigner 20 sue another for.
eigner before the Scottish courts. Tho
purpose and intentions OF tho laws are TO
secure 10 Foreigners legal rem
edy against deiaulting Scotchmen,
and, 10 Scotchmcn, legal remedy
against dcfaulting foreigners, and Il was
never designed that Scottish soil should
be made u sort OF International camping
ground for foreign litgants 10 meet in
judicial combat Legally England aud Ire
land are rs much foreign countries" 10
Scotland as France or America; and on
the same principle, and by the same
method, Frcnchman might sue an
American citizen before the courts Of SCOT
land, II he were fortunate enough 10 dis
cover that somebody In Scotland owed his
opponent money.
With nothing but the warmest sympa-
thy with Mr.. Parncll and the glorious
cause OF which he Is the heroic champion;
and with nothing but inellable scorn and
contempt for the attitude and action Of tho
Tmos, we are compelled 10 think that,
strictly viewed, the principle and the spirit
OF the law arr adverse 20 his action, and
that lac will finally find that even tho lot.
ter OF the law killcth."
still, oven though the action should, on
such n plea. be dismissed, an undoub,cl
moral victory will have been achieved.
And this is possibly what tho Parnclliics
are really seeking. They will have put on
judicial record before tho world, q formal
aud solemn expression aud evidence of
their sincere desire for a rigid aud OK.
hanstiyo Investigation and determination
OF the question Mt issue between them and
tho JDno, before an absolutely neutral,
impartial aud dispassionaic tribunal. and,
on the other hand, the IiHos will stand
before the world convicted upon Is own
evidence Of having shirkcd such an inyes.
tigation and shrank from such tribunal.
r.