The silver messenger. (Challis, Idaho) 1890-1912, 1903-12-01
For the Individual

based on error and wrong. but in the
main they are -the science or 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 it
useful to memOrize certain ant
/ phrases. One of the best I recoIIect
is that Of Justice Story. who, in re-
/ ferring to particular powers OF gov
I eminent, says: The difference be-
tween the departments undoubtedly
is that the legislature makes, the ex-
ecutive executes and the judiciary
construes the laws"
Some Legal Definitions.
Until I had my first lawsuit l al
ways thought the pleadings in a case
were the speeches Of the attorneys:
l 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. Ny first i'm
preston was that a good pIeader was
a good speaker. one who could con-
vince a judge or persuade jury; my
later knowledge was that a good
pleader was 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: 4 owe much, l have
nothing, give the rest to the poor"
Lord Mansfield says: There is
nothing so unlike as a smile, and
nothing more apt to misIead'
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 a people
A countryman once went to the Of
fee 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 well. said the countryman.
here is 80 cents more, that makes
$500"
Secrets Always Kept
Lawyers are as a rule, good to keep
secrets. q The ethics of their profess
sion gives them training. Every con-
scientious lawyer must consider his
lips sealed with sacred silence"
a maxim" says Bispham, sis the
embodiment of a general truth in the
shape of a familiar adage"
It is principle that every wrong
has a remedy. Even the smallest one
is entitled to compensation. The in
significance 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.
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
might be made, and in fact many do
exist, but that it could not be put TO
universal use because of the lack Of
knowledge of basic principles and IA
miliarity of legal terms, and then told
the following story: An owner of a
sugar camp had the misfortune to
have a neighbor who kept sheep. One
night the sheep broke through the
rail fence and drank the sap, upset
the sugar troughs and otherwise
played havoc in the camp. The owner
of the camp went to justice of the
peace of little learning and plenty OF
books who had unfortunately been adj
mitted TO the bar. The case was stat
ed to the legal adviser, who said tl-c
matter was such a perplexing enc
that he must consider it for a few
days before giving his advice. He
then told his client he thought il un-
wise to begin suit as he could no. see
as there was any cause for action.
The client thought otherwise. and
said it seemed plain to him that
where one mans sheep broke a fence
and destroyed another's property the
law would give damages. The attor-
ney replied. Well. you don't know.
Do you see all these books? 1 have
looked through them all, and | find
nothing about sheep. rail fence
sap or sugar trough" If he had
known how to use his books he would
have found all he wanted under the
head of 'torts'' and '-trespass."
Causes of Legislation.
If lawyers were consulted more
about preliminary business matters
there would be much less litigation.
This is well shown by the fact that
there is so much more litigation here
than in England where every BUSH
ness man has his solicitor and scarce
ly makes a business move without
consulting him; while here the aver
age man acts as his own lawyer The