The record-union., 1891-01-19
oFF-HAND OPINIONS.

That lawyers of Sacramento county
should ever have disagreed concerning
the classification of counties under the
new census is amazing. The law is so
simple, plain and direct that it is capable
of but one interpretation-that is, the
plain reading of the statute.
Yet it is fact that the newly elected
county officers, in November last, as is
reported under legal advice, and be-
cause Of hasty legal opinions, made an
effort to have the official enumeration of
Sacramento county certified specially, in
the hope, if not under the belief, that the
county would, without legislation, be
placed in a higher class and salaries thus
advanced.
On the Doth of November the RECORD
UNION. referring to this extraordinary
proceeding, printed the law as it is upon
this subject, and pointed out that accord
ing to its seven or eight lines there was
not so much as the shadow of leg for
the hope to stand upon that the county
would be reclassified. The RECORD
UNION then showed that by the Act of
1889 the counties are classified upon the
basis of the census of 1880, and that it is
provided that they "shall hereafter re-
main classified in that manner. Moth
ing could possibly be palmer than this,
that the Legislature intended, and SO ex-
pressed itself, that the classification
under the census of 1880 should remain
and be unchanged until the repeal of the
law.
The Attorney-General has now rend-
cred an opinion to precisely the same
effect. He says, practically, that it is i'm
possible to torture the law out of its plain
intent, which is as clear as noon-day and
as plain as a pike-staff. The RECoRD-
UNION does not lay claim to an unusual
amount of legal acumen, but it does
claim to be able to read an unambiguous-
ly expressed statute of few lines, and
ascertain the intent of the aw-maker and
the expression of the law.
That any legal talent should ever have
hesitated over this matter after exarnin-
ing the law, is not creditable to the bar.
nor does it impress the general Law mind
with high respect for the profession of
law.
The purpose Of these comments is not to
exalt lay Interpretation of simple manda-
tory and Understandable laws-but we do
desire to say, and to say it with some
emphasis, that in this day there is dis
position on the part of great many
representatives of the foremost of the
professions to work along the tortuous
paths OF technicality; to endeavor to ex-
tract statutory meanings beyond. or on
posed to the reason of the law; to impress
the lay mind with the idea that the Office
OF the lawyer is to discover flaws and in
tricacies and involvments, and to suggest
doubts and strange readings of the law:
that there is a disposition to be too ready
with opinions and off-hand interpreta-
ehO members
OF the bar especially the idea prevails that
lawyer must respond at once concern
ing any proposition submitted to him.
We cannot forget that one of the abIest
lawyers whose genius and learning ever
graeed the bench or bar, said he never
rendered q street opinion or decided a
question of statutory construction with
out painstaking and careful examination
The result was that he won a reputation
for correctness of view that made him
eminent.
Allthis pother and waste of ammunition
concerning county classification. has been
occasioned by. lawyers giving opinions
without due examination of the written
law, practice that" says one of the
members of the bar, SIS gaining unfortu-
nately, and that is bringing our profess
sion into disrepute. AS for me, L never
have street opinion, and my office opin-
ions come high.''
RECIPROCITY WITH HAWAII.