Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1895-02-04
Fun NLAW REPORTS
SOME OF THE CASES FURNISH FOOD
FOR LAUGHTER.
Mistakes Of Judicial Pens-Eariy English
Cannon Law Severe ON Clergymen-Cit-
| ing Hieh Authority-The Remarkable
! Opinion of Judge Lewis.

ing High Authority-The Remarkable
Opinion of Judge Lewis.
| MANY of the law reports are full OF curl
aus judicial Slips In a Georgia case, Tor
instance, the judge, giving the opinion,
says that Montgomery, c. j., was provl-
dentially prevented from presiding in this
case" This may have been whack at
| Montgomery, C. 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 a Nebraska judge in su-
preme court case, in which he holds that
..the law presumes against the carrier I'M
less he shows that it was done by the
kings enemies or by such an act OF God
as could not happen by the intervention of
man." His opinion Of the relative posi-
tions of God and man recalls the story of
the Adams county justice who had occa-
sion to punish a 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, II
shall fine you $40, and for offending the
dignity of this court you will pay line
of $50 and costs or go to Jail.
Lawmakers furnish us quite as funny
preme court of California came to pass
upon the charter of the city of Oakland,
few years ago, they said of the phraseology
of the charter that 1.-The joint labors of
Malaprop and Partington could scarcely
have made such collocation or disloca-
ton of words and sentences as did this
legislator. Among other things it gives
the board of 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 it APP
pears that some one had been SO unkind
as to call 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,
be claimed that what he said was not
Islander, but gospel truth, and he showed
that the words spoken could not hurt the
clergyman, for that it was maxim of
the common law that "a parson might
be good parson and still be a fool" The
court so held, but said that had tho words
been spoken of a lawyer or doctor 1t
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 II, died a
certain monastery begged fol 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"
Some of the funniest things in the law
books are the far fetched authorities that
are cited to establish certain rulings. In
a case tried before Justice Fortescue it
was claimed that the other side had no
right to be heard. The judge decided that
it had. II have heard it observed" said
he, that even God himself did not pass
sentence upon Adam before he was given
a chance to defend himself. Adam, says
God, where art thou? Hast thou not eat
Gu of the tree whereof l commanded thee
that thou shouldst not eat?' And the
same question was put to Eve also"
But for exciting legal reading tho ia
nous case reported in 10 Pa st. Report
easily takes first prize. Mr.. Justice Lewis
thus disports himself on the subject of re-
straining a widow from marrying: 1.-The
principle OF reproduction, he says,
islands next in importance to its elder
born correlative, self preservation, and is
equally fundamental law of existence
1t is the blessing which tempered with
mercy tie expulsion from paradise. 1t
was impress se1 upon the human creation
by beneiicent Providence, to multiply
the images of himself and thus to promote
his own glory and the happiness of his
creatures. From the lord of the forest to
the monster of the Deep from the subtlety
of the serpent to the innocence of tho dove,
from the elastic embrace of the mountain
kalmia to the descending qualification Of
the lily Of the plain, all nature bows sub
missivcly to this primeval law. Even the
flowers, which perfume the air with their
fragrance and decorate the forests and |
fields with their hues, are but curtains to
the nuptial bed The principles of moral !
Ivy tuC poilCy VI VIC VIC uOCtTlueS
of the common law, the law of nature and |
the law of God unite in condemning as
void the condition attempted to be i'm
posed upon this widow"
In Manly versus Scott case decided in
England in 1862, Mr.. Justice Wyndham
thus prophesies as to what may be expect
ed if a husband Is to be held responsible
for the contracts of his wife. His objec-
tions are q curious commentary on the
marriage tie of those days. Among "the
many inconvenience which must ensue''
he specifies the following:
First.-The husband will be accounted
the common enemy, and the mercer and
the gallant will unite with the wife, and
they will combine their strength against
the husband.
Second.-Wives will be their own cary
ers, and, like hawks, will fly abroad and
find their own prey.
Third.-It shall be left to tho pleasure
of a London jury to dress mywife in such
apparel as they think proper
Fourth.-Wives who think they have
insufficient will have it tried by mercer
whether their dress is not too mean, and
this will make the mercer judge whether
II L