The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1899-01-07
THE COUNTRY LAWYER. .
Interesting Paper Read Before
the Bar Association.


ing OF the Rar association:
! cannot imagine why I, from the me-
tropolls Of the territory shold be Sc
lected as counsel for the county lawyer,
unless from the practice often complain
cd OF by my other rclients-thatt they select
ed counsel knowing least Of the subject
matter I am certain I know less Of the
country lawyer than ] would like 20 know
Of the "Ilobson Dyspepsia" or some other
equally pleasant topic about which the
esftied rule, ! understand 90 be, "The more
sna nave of Il the less remedy YOU want"
( tssrsiir Gun selected because city folks
ust4.h F .eak most iearnealy OF country
i-pice atsut which they know little or
n1s hing. Moreover ] am as yet travel
ing IN single lonesomeness and should
'iot be expected 20 know much OF the
| country lawyer. who should he, with
propr!ety. patriachal. and possessed Of
numerous self-importani sclons. and be
able to accept from his Z, .ants loose hay
''Toled" turnips, and smoked jowl with nc
more danger from the rule of caveat
emptor. than his clients run IN accepting
his advice about taking up an estray or
bucking tho four per cent limit before
composite court
However, the country lawyer Is some
times 80 from a choice which prefers
being Caesar in n village TO being re
vailed I'm Rome: sometimes 80 from tim
idity that encumbers genius; sometimes
so from a judicious. but unjudicious.
contemplation of the dangers Of the prac-
tices that threaten treading angel
but lrke courts OF equity afford no ade-
quatc remedy for the lnrushing fool;
sometimes so from disappolntments and
disgust engendered by courts crIminally
inconsiderate OF budding effort, or prac-
tices more tangled than the skein Of life;
n sensitive light is thus all too easily
shadowed a spirit too easily by strange
alchemy, destroyed to the loss Of the pro-
fession at large and TO the increase Of
the genius. my subject
The first case Of the country lawyer
IL generally in the Justice court. and us
ually a labor debt, and in his dreams be-
tween the filing Of the much interllned
bin OF particulars and the return oay
quAntum meruit nightly sits aside his
choking throat and grlmaclng contract
tlckles his twitching toes on answering
day protentlous demurrer. laden with
hidden dangers paralyzes him with
ana DttHK 0NNIIultus from
consideration OF costs) n frlgh.sul hydra
headed answer bars his way. The evi-
dence IA jumbingly presented demurredto TO
and distorted, but when. brushing aside
all considerations. the justice enforces
the expressed presumption "dot der iapor-
er was wurthy OF his hire" and adiudges
accordingly with costsl the new lawyer
1 proudly enjoys the distinction. with "Don
Juan" Of being the ''only black bird IN
the dish" At the very next election ac-
cordingly 10 the partisan Weekly Bonn
bast, his "matchless eloquence enthralls
the vast audience" OF the country school
house while probably his utteranoes OF
his unconsidered wisdom confirms his
auditors in their previous preiudices
Sometime later he probably judges a high
school debate. and away from home Is
addressed by the proud title of Judge. "
In the days Of his youthful confidence Of
his learning ne may even, under the sup
posed guaranty or the constitution advise
a client 70 venture upon the sacred pre-.
cincts OF an Indian reservation. or IN.
vito the exclusion Of some departmental
subordinate OF the %" degree OF magni-
tude and the 81" degree Of inhnitude Of
self-conceit; and. then indeed does he
learn the circumscriptlon OF HIS euaran-
teed immunties, and the wonderful OK
tent Of executive assumption: andhis com.
mentators on constitutional questionable
come commentators indeeu beside "these
others In tho Hill"
our country lawyer knows little Of the
refined subtleties OF the specialist. though
usually Wen grounded, 10 use the Ian
guage of our learned ex-iustice "in the
broad principles OF right and Justice
principles whose breadth leads to many
reversals dn the supreme courO and
much seh-gratulaton hv the corpora.
tion counsel lie is seldom employed by
the year. except by the professional It'll
giant. and his client usually gets int,
trouble without his advice and seldom
gets wholly ont OF 81; ne Is less oftener an
adviser antecendent than ne is n con.
soler subsequent; he seldom by shrewd
foresight "stacks the deck" upon hls
adversary. but depending upon the draw
tor the iurvD may adjust his hindsight
with deliberate accuracy.
II the draw Is fair however. the civ
specialia' who knows the law of estop.
pels even unto the NTH deere. and +;
Imported With an his fame prosecute
this important case finds n country
lawyer defending a most remarkable On.
cvolopoeda Of family history. nephbor.
hood antagonlsm and herd law annmosi-
ties. Tie krows that Juror ITem mill md
| Juror Smith, are leaders OF rival debat.
Inn societies, and will never agree while
there's chaEce for dissent: that plaintins s
principal witness and Juror Jones were
enemies in Kansas county seat fight,
and the Juror win believe nothing the
witness says; that the accepted Juror I'm
the back seat Is the former husband OF
the plaintiffs wife and carries a knife
in his sleeve four feet long; that the
young Juror IN the front row has been
'settin'to' n niece Of the defendant for
nigh onto two winters and has no iuten-
tion OF missing such providentia op-
portunity To propitiate his prospective
| family; that two Of tho witnesses wives
quarreied whether a spring bonnet should
be decorated with crocus or Johnny jump
up. and that these witnesses WIN impeach
each other NJ the slightest opportunity
and ne smiles grimlv as he remembers
that both witnesses are proudly but sin-
dictiveiv religious.
SO the city LAWYER goes back 10 hts
city apartments with judgment fos bic
costs against his client. perfects m an
peal upon numerous fine grounds" all
OF which are overlooked bv the local SUI
preme court which again learne llv de-
termines that where there IS any evi-
dence 20 sustain the findings OF the Jury
VIII not he disturhad