The Globe-republican., 1903-09-17
For the Individual

USUAL, Dut none ~ general anu CoW
prehenslye.
In endeavorlng to remember differ
ent distinctions In law have found II
useful to memorlze certain ap'
phrases. One Of the best recollecI
Is that Of Justice Story, who, In re
ferring to particular powers Of gov
ernment, says: "The difference be
tween the departments undoubtedly
Is that the legislature makes, the eI'
ecutive executes and the judiciary
construes the laws"
Some Legal Definitions. ~
Until l had my first lawsuit ! al
ways thought the pleadings in a case
were the speeches Of the attorneys;
then learned that they were not, but
were in fact the preliminary written
statements Of the cause Of action for
the plaintiff and the defense on the
part Of the defendant, and were en-.
tirely distinct from the forensic argu.
ments Of the lawyers. My first i'm.
preston was that good pleader was
a good speaker, one who could con.
vince q Judge or persuade a Jury; my
later knowledge was that good
pleader was a lawyer who could prop
erly state the case Of his client on pa
per in legal phraseology and accord.
ing to the legal effect.
Probably the shortest will ever writ.
ten Is that spoken Of by Rabelais. It
was as follows: Il owe much, ! have
nothing, | give the rest to the poor"
Lord Mansfield says; There Is
nothing so unlike as a simile, and
nothing more apt to mislead."
Judge Cooley defines q constitution
as "The body Of rules and maxims In
accordance with which the powers Of
sovereignty are habitually exercised"
Coleridge says: "A nation is the
unity Of a people"
A countryman once went to the Of
fee Of a justice Of the peace to be
married. After the conclusion Of the
ceremony he asked the justice what
were his fees. The Justice replied:
well, the law allows me $780,"
"Very WE'LL" said the countryman,
'here Is 80 cents more, that makes
$500"
Secrets Always Kept.
Lawyers are as rule, good to keep
secrets. The ethics Of their profes.
sion gives them training. Every con-
lawyer must consider his
lips sealed with sacred silence"
"A MAXIM" says Bispham, "is the
Of a general truth In the
,hape OF a familiar adage."
1t Is a principle that every wrong
las a remedy. Even the smallest one
8 entitled to compensation. 1.-THE In.
significance Of the injury goes to the
ixtent Of the recovery and not to the
light Of action" To Illustrate; In
'ome cases one cent damages are
Iwarded.
law Index Of Little Value.
| once asked an attorney whether
n index Of law could not be made
uch as those outside the profession
ould USE He said that an index
hight be made, and In fact many do
xist, but that II could not be put to
niversal use because Of the lack Of
Of basic principles and ia. |
Of legal terms, and then told
le following story: An owner Of a
ugar camp had the misfortune to
ave q nelghbor who kept sheep. One 6
light the sheep broke through the
Ill fence and drank the sap, upset Q
10 sugar troughs and otherwise !
Iayed havoc In the camp. The owner v
! the camp went to Justice Of the h
,ace Of little learning and plenty OF h
,oks who had unfortunately been ad- 8
itted to the bar. The case was stat Il
to the legal adviser, who said the p
after was such q perplexing one s.
at he must consider It for a few q
Iys before giving his advice. He II
on told his client be thought It un-
Ise to begin suit as he could not SEQ
there was any cause for action.
10 client thought otherwise, and W
ID II seemed plain to him that q,
iere one mans sheep broke fence Il
d destroyed another's property the G
" would give damages. The attor' b
y replied, "Well, you don't know, Y,
you see all these books? have "
liked through them all, and | find "
thing about sheep, rail fence nj
,p' or sugar trough" II he had o.
own how to use his books he would IA
vs found all he wanted under tho W
ad Of "torts" and ''trespass." bt
uses Of Legislation.
i lawyers were consulted more
,ut preliminary business matters
ire would be much less litigation. "
Is Is woll shown by the fact that or
re Is so much more litigation here Oh
N In England, where every busi- 60
IS man has his solicitor and scarce. su
,rokas n huainacu mnva without Az