The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-03-02
FUN In LAW BOOK S
BONE OF THE CASES FURNISH FOOD
FOR LAUGHTER.
Mistakes Of Judicial Pcns-Early English
Common Law Severe ON CIergymen-Cit-
ing High Authority-The Remarkable
Opinion OK Judge Lewis.

ing High Authority-The Remarkable
| Opinion OK Judge Lewis.
Many of the law reports are full of curl
Gus judicial slips. In a Georgia case, for
| instance, the judge, giving the opinion,
says that Montgomery, c. j., was provi-
dentially prevented from presiding in this
case - This may have been a whack at
Montgomery, G. j., or at the lawyer who
argued it before the weary judge. This
| isn't quite as bad, however, as the theo-
logical slip of Nebraska Judge in su-
preme court case. in which he holds that
1.-The law presumes against the carrier IN
less he shows that it was done by the
kings enemies or by such an act of God
as could net happen by the Intervention of
man" His opinion of the relative posi-
tons of God and man recalls the story of
the Adams county justice who had occa-
sion TO punish party for gross profanity
used in open court. For taking the name
Of Almighty God in vain,'' said this wor-
thy successor Of Mr.. Justice Shallow, Il
shall fine you $40, and for offending the
dignity of this court you will pay fine
Of $50 and costs or go to Jail. 3"
Lawmakers furnish Us quite as funny
mistakes as Law writers. When the SUI
preme court of California came to pass
upon the charter of tho city of Oakland, a
few years ago, they said OF the pbraseolo2y
of the charter that ''the joint labors of
Malaprop and Darlington could scarcely
have made such collocation or disloca-
ton of words and sentences as did this
legislator. Among other things it gives
the board cf trustees power TO license and
suppress dramshops, horse racing gam
bling houses, houses of i'll fame and all in
decent and Immoral practices, shows and
amusements." Such license power might
do in New York. 1t scandalized the pious
town of Oakland.
If clergymen wish to know their rating
in the ponderous sheepskin tones, they
can find it out by beginning with the very
earliest English lawbooks in existence.
In one of the black letter year books il APP
pears that some one had been so unkind
as to call a preacher fool, with good
theological prefix TO the fool. The preacher
brought suit for Islander, and the defend
ant justified, as the lawyers say-that is,
he claimed that what he said was not
SANDER, but gospel truth, and he showed
that the words spoken could not hurt the
clergyman, for that 1t was a maxim of
the common Jaw" that "a parson might
be a good parson and still be fool" The
court so held, but said that had the words
been spoken of a lawyer or a doctor it
would have been otherwise.
Lord Coke, the great fountain of our
common law, had little use for the preach
ers, and in his third institute he says that
IN order that the Carmelite friars of Fleet
street might perform their vows of chastity
King Edward III had to prohibit all wom
en- from passing through lane next to
the friar house. Apropos of preachers an
old chronicle relates that when Alan de
Neville, chief forester of Henry III, died a
certain monastery begged for some of his
great wealth. The king with fine reli
gious discrimination, said, Il shall take
his wealth, but you may have his carcass,
and the devil will get his soul. -