The McCook tribune. (McCook, Neb.) 1886-1936, 1903-09-18
For the Individual

main they are "the science of social
order and the perfection of human
reason
The best definition for law I have
ever seen is the simple one: Law is
a rule of action" There are longer
definitions, and those going more into
detail. but none so general and COM
prehensive.
In endeavoring to remember differ
ent distinctions in law / have found 1t
useful to memorize certain apt
phrases. One of the best | recollect
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 ex-
ecutive executes and the judiciary
CONSTITUTES the laws"
Some Legal Definitions.
Until | had my first lawsuit / al
ways thought the pleadings in 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 a good pleader was
a good speaker, one who could con
vince judge or persuade a jury; my
later knowledge was that a 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. 1t
was as follows: Il owe much, | have
nothing, | give the rest to the poor"
Lord Mansfield says: There is
nothing so unlike as simile, and
nothing more apt to mislead."
Judge Cooley defines a 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 people"
A countryman once went to the of
flee of justice of the peace to be
married. After the conclusion of the
ceremony he asked the justice what
were his fees. The justice replied:
We'll, the law allows me $3.50"
very we'll" said the countryman,
here is so cents more, that makes
5000"
Secrets Always Kept.
Lawyers are as rule, good to keep
secrets. The ethics of their profes-
sion gives them training. Every con-
scientious lawyer must consider his
lips sealed with sacred silence"
"A MAXIM" says Bispham, 'is the
of general truth in the
shape of a familiar adage"
1t is a principle that every wrong
has remedy. Even the smallest one
is entitled to compensation. THE in
of the injury goes to the
extent of the recovery and not to the
right of action" To illustrate: In
some cases one cent damages are
awarded.
Law Index of Little Value.
l once asked an attorney whether
an index of law could not be made
such as those outside the profession
could use He said that an index
night be made, and in fact many do
exist, but that it could not be put to
Universal use because of the lack OF
OF basic principles and IA
of legal terms, and then told
he following story: An owner Of a
sugar camp had the misfortune to
nave a neighbor who kept sheep. One
light the sheep broke through the
all fence and drank the sap, upset
he sugar troughs and otherwise
played havoc in the camp. The owner
If the camp went to a justice of the
)eace of little learning and plenty Of
Dooks who had unfortunately been ad-
nitted TO the bar. The case was stat
d to the legal adviser who said the
natter was such a perpleXing one
hat he must consider it for few
lays before giving his advice. He
hen told mis- client he thought it un-
wise to begin suit as he could not see
s there was any cause for action.
he client thought otherwise, and
aid it seemed plain to him that
7here one mans sheep broke a fence
nd destroyed another's property the
aw would give damages. The attor-
ey replied. We'll, you don't know.
10 you see all these books? l have
ooked through them all, and l find
Othirg about sheep rail fence.
;ap' or sugar trough If he had
nown how to use his books he would
ave found all he wanted under the
cad Of '.torts" and 'trespass."
auses OF Legislation.
If lawyers were consulted more
bout preliminary business matters
lere would be much less litigation.
his is we'll shown by the fact that
lere is so much more litigation here
ian in England. where every busi-
ess man has his solicitor and scarce
makes a business move without
1nsulting him; while here the aver
ye man acts as his own Iawyar Tho