The Logan Republican. [volume] (Logan, Utah) 1902-1924, 1903-09-26
For the Individual

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 I 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.
prehensive. Gg
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
eminent, 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 I 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 arg,i-
ments of the lawyers. My first i'm
preston was that good pleader was
good speaker, one who could con.
vince judge or persuade jury; my
1atA Iy,. @l.1A 4
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: 81 owe much, / have
nothing, give the rest to the poor"
Lord Mansfield says: There is
nothing so unlike as smile, 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:
well, the law allows me $3.50"
Very well" said the countryman,
here is 90 cents more, that makes
5000"
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 sealed with sacred silence"
"A maxim" says Bispham, lis the
embodiment of general truth in the
shape of familiar adage"
II is 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.
~" VdCN " IlttIc Ndiucs
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 1t could not be put to
universal use because OF the lack of
of basic principles and IA
Of legal terms, and then told
The following story: An owner OF
sugar camp had the misfortune to
have neighbor who kept sheep. One
Iight the sheep broke through the
rail fence and drank the sap, upset
he sugar troughs and otherwise
played havoc in the camp. The owner
)f the camp went to justice of the
peace of little learning and plenty of
books who had unfortunately been ad-
nitted to the bar. The case was stat
I'd TO the legal adviser, who said IT,.
natter was such perplexing one
lays before giving his advice. He
hen told his client he thought II I'M
wise to begin suit as he could not see
rs there was any cause for action.
rhe client thought otherwise, and
said it seemed plain to him that
where one mans sheep broke fence
md destroyed another's property the
aw would give damages. The attor
icy replied, well, you don't know.
Do you see all these books? / have
ooked 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
nave found all he wanted under the
head Of "torts" and "trespass."
Causes OF Legislation.
II lawyers were consulted more
about preliminary business matters
here would be much less litigation.
This is well shown by the fact that
here Is so much more litigation here
han in England, where every bust.
ness man has his solicitor and scarce
" makes a business move without
him; while here the aver.