The Elbert County tribune., 1903-09-17
For the Individual

main they are the science OF social
order and the perfection OF human
reason "
The best definition for law have
ever seen is the simple one: Law Is
rule OF action There are longer
definitions. and those going more Into
detail. but none SO general and com
prehensiyc.
In endeavoring to remember dlfIer
ont distinctions In law have found II
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
ernmont. says: "The difference be-
tween the departments undoubtedly
is that the legislature makes. the ex-
ccutiye executes and the judiciary
constructs the laws"
Some Legal Definitions.
Until | had my first lawsuit ] cl
ways thought the plcadings 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-
tircly distinct from the forensic argu.
ments of the lawyers. My first I'M
prossion was that good pleader was
a good speaker. one who could con.
vince Judge or persuade Jury; my
later knowledge was that a good
ploader was lawyer who could prop
orly state the case OF his client on pa,
per in legal phraseology and accord
ing to the legal effect
Probably the shortest VIII ever writ.
ten is that spoken OF by Rabelais. II
was as follows: IL owe much. have
nothing. | give the rest to the poor.
Lord Mansfield says: There is
nothing so unlike as a smile. and
nothing more apt to mislead.'
Judge Cooley defines n constitution
as THE body of rules and maxims in
accordance with which the powers of
sovereignty are habituafiy exercised.
Colerldge says "A nation is the
unity of n 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 s1.50."
"very well said the countryman.
here is so cents more. that makes
$780,
Secrets Always Kept.
Lawyers are as rule, good to keep
secrets. The ethics of their profess
sion gives them training. Every CON
scientious lawyer must consider "his
lips scaled with sacred silence"
"A maxim" says Bispham. is the
embodiment of general truth in the
shape OF familiar adage.r
1t 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
right of action" To illustrates: 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 sais 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 fa-
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
Eight 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 ad-
mittcd to the bar. The case was stat
ed to the legal -adviser who said the
matter was such perplexing quo
that he must consider It for few
days before giving his advice. IIo
then told his client he thought il un-
wise to begin suit as he could no- see
as there was any cause for acricn.
The client thought otherwise, and
said it seemed plain to him that
where one mans sheep broke a fence
and destroyed another's property Tho
law would give damages. The attyr
ney replied. We'll. you don't knew.
Do you see all these books? | 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 'tortsp and -trespass."
Causes Of Legislation.
II 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 hero
than in England. where every busi-
ness man has his solicitor and scarce