The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-09-26

sAMUEL r. MILLER.
In the free-and- easy atmosphere OF the cir
cult court room-his circuit was q Western
one-he occasionally gave vent to startling
Intersections. He was once holding court dur
ing the dog days in st. Louis. and was hearing
n dry. prosy legal argument in an equity suit.
No one was in tho court room except the
Judge. the lawyers engaged in the case. and
the court attendants. who were doing and
sweating in their corners. The Judges collar
and cravat were loosened, his linen buster was
flung wide open. and he was vigorously work.
ing a palm-leaf fan, shifting uneasily in his
seat. and glazing impatiently at tho lawyer.
Unable to restrain himself longer. tho Judge
glanced ~furtively round tho court room and.
believing everybody to be asleep except him
self and tho man who was talking him to
death. he leaned over upon his desk and fairly
hurled at tho lawyer the remark. Damn it.
Brown. come to the point -
The lawyer. taken aback. said: What point.
your HonorY"
II don't know: any point: som point"
Poor Brown quit in confusion. He thought
he had already made II number OF good points.
and no despaircd Of making anything out OF
those he had left.
There was. a few years ago. at Des Moincs.
Ia. q lawyer. not long admitted to practice
who had never appeared In q case before
ouuso ollleI HOI hdu no secu Hilu ou tue
bench. The young man, was highly esteemed
by al! who knew him and was Of an extremely
nervous. timid disposition. He mentioned to
to make an argument in n. case which was
coming on at the anproaehing term OF the
HIM SR1' tiat s' 5Ssiie s,rS MiIfe T" Would i BE- th t'P Prssidi
ing Judge and rendered him their condolences
upon the ordeal which awaited him: rehears-
EyFanay '. snd Ds 'ai%|;lfHs'ss 1 fss 'fSs oSsd
BE- on hand to see tie fan: and thsy lett
t him d in a sya as a Q! b mief iun nin"ll WS Sssf fne fim in
ment he vas in a condition bordering on col
sumption of confidence sadly belied by the
beads Of o SweHt g; on hi hi ST iG re Ha,d an and the con.
chief. Sure enough. he had not proceeded far
before the Court hurled a contemptuous criti-
heap on the floor. He, had tainted. lie was
taken home. and don't know what became Of
m nis ssse; can nst to tn j fHas XIII Miile ehs t ears b aso"s the
He sent for the young lawyer. and although it
Interview. It Is certain that Judge Miller had
thereafter no greater admirer. no more enthu-
! wa present il Jastics Mii!sr's court room
wen wIth a H nsW se9 9Ssanian' eo at the I Sas w me met ret
fused to be naunted or disconcerted. 1t was
at heokuk.. when the Iowa Prohlbitory Liquor
law was being Hereby resisted in. the courts.
It seems that the question Of tho constitu:
tionality OF the clause authorizing the Sheriff
had been raised in proceedings before Brewer.
the Circuit Judge. and Love and Shiras. the
decide it. preferring to leave it until Justice
Miller should be out upon, tho circuit. Ac-
cordinGly. when he arrived at keokuk. the
matter was set down to be specially heard
before Justice Miller. and Judge Love occu-
pied the bench with him..
nra ~, rt,,N y o.,t, al : ar - ~ - - VA ~ Al kt~
case was called. The lawyer who was to pre-
sent it was not in the court room. but some
shall and the District Attorney went to fetch
him. learned aftcrward that. it was expected
t nsnss w" os d. be ha a good oSIs deal 1aes cd fun Insti ts G Msli eX:
and little knew what was in store for him
when he undertook to present a constitutional!
lawyer: and Justice Miller was said to be an
noyed At tho persistence with which the LIQUOR
uron the protection OF the Federal courts.
knowing al, this. felt some sympathy for
With tns 'aw Was W incro WAS to w HrEui ha the snt 1%edtl On
court room by reason OF his youthful, appear
ance. He, commenced his address. however.
q suppressed, yehomence Of conviction that
showed no had his subject well in hand. JUS
turned away from the speaker. In the middle
Of a sentence he suddenly turned and said,
sa u% = a curt YOU Of 1e sSke this question to the
erGl question. Is 1t not Y
Undoubtedly. but"
have a right to come hnrr;, 'Of what use, is tho
choice? I prefer the Judgment Of the Fedora!
Court, when it consists Of Judges Millor and
Love. to the lndGment Of the supreme Court
OF Iowa upon this or any other question:"
b You might let the supreme Court Of
Iowa construs the statute: ticy. misht con;
sfrue It your wax, II they didn't you could
The Judges Of that court were elected not
they have declared their intention to do so, ! |
will not waste my time bcfor" such n tribunal"
co Ihis Cxnr = d"nS "D dis .n1nE ya SAY; it oi Il w xns
PROBABLY the IiSGracetul truth. Presently
Judge Millor SAID ,o,,,. 80, ,,o -.
Pass me Up tho statute. and marx the Sec
tinn which voi claim Is bad
The statute WAS inssod to him: he took 1t
"iroccei." But that PERSON roolly said. II
prefer t? wait nni'l your Homer has read it,"
Having finished his pcrusal. he turned once
more to III" lar and said:
We'll, now. what is it You want me to
co.nstrH%n,
"Thcn what do you want :"
81 want YOU 10 say that that section dcprivos
MY client 81 Ms rronerty without. due process
OF law. and is, therefore. unconstitutional. -.
flow can do that without constituting itf'
ivory easily. The statute says what il says.
Their Is !, 70 y r@"m i ino r3ns.rHr|l"a ! fi,"HIa
e. pra ,@o,' AZ aT so ysnr "t that t 10 IMh,,Eue Inc i'f'S
"Wcll, II it means what you say 1t does. II Ia
unIu"stlonahiy unconstituti unal. However. go
on with your argument" And there were no
more Interruptions.
After making his argument. which he
brought to Il r"nclu sion with irrfect self nos.
session. tho Young lawyer was the recipient Of
many "~umIlim"nis. which seemed to embHr-
rass him mucl. moro than tho duel with tho
Court. som" one concentrated him for not
having been terrified by tho Court. Ills an
swcr ri@ht :!otltably b." remembered by
young LAWYERS,
why should | be afraiI knew MY case.
think ] know NOR" about i than Judge Miller
lnrw on The rlur II tn" n,onieni. When u
ACKNOWLEDGEMENTS