Gilpin observer., 1903-09-17
For the Individual

simply common sense. Some laws.
no doubt, especially statutes, are
based on error and wrong, but in the
main they are the science OF social
order and the perfection of human
reason"
The best definition for law l 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 1 have found it
useful to memorize certain apt
phrases. One of the best l 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
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 argti-
ments of the lawyers. My first i'm.
preston was that good pleader was
a good speaker, one who could con
vince 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. 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 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 a 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 scaled with sacred silence"
"A maxim" says Bispham. "is the
embodiment of general truth in the
shape of familiar adage."
1t is principle that every wrong
has 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
light 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
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
sugar camp had the misfortune to
have 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 a justice Of the
peace of little learning and plenty of
books who had unfortunately been ad-
mitted to the bar The case was stat
ed to the legal adviser, who said the
matter was such perplexing ono
that he must consider 1t for few
days before giving his advice. lie
then told his client he thought II un-
wise to begin suit as he could no. see
as there was any cause for acrion.
The client thought otherwise, and
said 1t seemed plain to him that
where one mans sheep broke fence
and destroyed another's property tho
law would give damages. The attyf
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" II he had
known how to use his books he would
have found all he wanted under tho
head OF "torts" and ''trespass."
Causes Of Legislation.
II lawyers were consulted more
about preliminary business matters
there would be much less litigation.
This Ia wall shown by tho fact thnt