The copper country evening news., 1898-01-28
FUN In LAW REPORTS
SOME OF THE CASES FURNISH FOOD
FOR LAUGHTER.
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Many OF the law reports are full OF curl
aus judicial slips- In Georgia case. foI
Instance, the judge, giving the opinion,
says that Montgomery. G. j., was provi.
dentially prevented from presiding In this
CASE, This may have been q whaok at
Montgomery. c. J.. or at the lawyer who
argued ~ before tho weary Judge. This
isn't quite rs bad, however, as the thsor
Logical slip Of a N sbrasks Judge In a sn-
preme court case, In which he holds that
"the law prcsumes against the carrier un-
ies he shows chat % was done by the
ktng's enemies oe by such an act Of God
ss could not happen by the interyen tion OF
man. His opinion OF the relative posi-
tions of God and man recalls the story or
the Adams county justice who had occa-
sion to punish party for gross profanity
used In open court. I" For taking the name
| Of Almighty God In vain,i' said this woT-
thy successor of Mr.. Justice Shallow, ~
shall fine you $40, and for offending the
| dignity OF this court you will pay fine
| OF $50 and costs or go to jail. 49,
| Lawmakers furnish us quite rs funny
mistakes as law writers. When the sn-
preme court OF California came to pass
upon the charter Of the city of Oakland, @
few years ago, they said of the pbraseology
OF the charter that "the Joint labors OF
Malaprop and Partington could scarcely
have made such collocation or disloca-
tion OF words and sentences as did this
legislator. Among other things 1t gives
the board of trustees power TO license and
suppress dramsbops, horse racing gam
bling houses, houses OF Ill fame and all In
decent and immoral practices shows and
amusements Such a license power might
do in New York. 1t scapdalized the pious
town Of Oakland -'--- o.
II clergyman wish to know their rating
In the ponderous sheepskin tones, they
can find IL out by beginning with the very
earliest English lawbooks in existence.
In one OF the black letter year books 1t ap-
pears that some one had been SO unkind
as TO call preacher fool, with a good
theological prefix to the fool. The preacher
brought suit for slander, and the defend.
ant justified, as the lawyers say-that Is,
he claimed that what he said was not
slander, but gospel truth, and he showed
that tho words spoken could not hurt the
clergyman, for that 1t was maxim of
the common law" that "a parson might
be good parson and still be fool" The
court so held, but said that had the words
been spoken OF a lawyer or q 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 Carmeite 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 dc
Neville, chief forester of Henry III, died
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.
some OF the FUNNIEST things In the law
books are the far fetched authorities that
are cited to establish certain rulings. In
case tried before Justice Fortescue II
was claimed that tho other side had no
right to be heard The judge decided that
1t had. II have heard 1t 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 thouf Hast thou not eat.
en- OF the tree whereof commanded thee
that thou shouldst not eatp' And the
same question was put to Eve also"
But for exciting legal reading the IA
nous case reported In Pa. st. Report
easily takes first prize. Mr.. Justice Lewis
thus disports himself on the subject of re-
widow from marrying: THE /
principle Of reproduction, ,, he says,
Stands next In Importance to its elder
born eorrelative, self preservation, and 10
equally a fundamental law of existence.
1t Is the blessing which tempered with
mercy the expulsion from paradise. 1t
was impressed upon the human creation
by beneficent 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 the dove,
from the elastic embrace Of the mountain
kalmia to the descending fructiflcation Of
the lily Of the plain, all nature bows sub
missively 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 bod The principles of moral
ity, the policy OF the nation, the doctrines
of the common law, tho Jaw Of nature and
the law OF God unite in -condemning as
void the condition attempted to be i'm. /,
posed upon this widow" ~ r3
In MANLY versus Scott, case decided In
England In 1862, Mr.. Justice Wyndharn
thus prophesies as to what may be- expect
ed II n husband Is to be held responsible
for the contracts of his wife. His objec-
tions are curious commentary on the
marriage tie OF those days. Among ''the
many inconveniences which must ensue''
he specifies the following: eiran
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. iet.fs. a.aa u -.,.,5r,
Second.--Wiyes will be their own cary.
ers, and, like hawks, will fly abroad and
lind their own prey. 's ,r,
Third.--It shall DO left TO tho pleasure
OF London jury to dress my wife In such
apparel as they think proper. --.
Fourth.-Wives who think they hayo
insufficient will have it tried by mercer
whether their dress is not too mean, and
this will make the mercer Judge whether
he will dfsnpso of hia owp oooda IN ,o<