The Grit-advocate., 1903-09-18
For the Individual


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 Inv | have
ever seen is the simple one: Law is
Il rule of action" There are longer
definitions, and those going more into
detail but none so general and com,
prehensire.
In endcavOrinG to remember differ.
ent distinctions in law | have found it
useful to memoriZe certain apt
phrases. One of the best recollect
is that of Justice Story. who, in re-
ferrnc to particular powers of gov
crnmcnt. says: The difference be-
tween the departments undoubtedly
is that the legislature makes. the ex
constructs the laws"
Some Legal Definitions.
Until | had my first lawsuit | al
ways thought the plcadings in case
were the speeches of the attorneys;
| then learned that they were not. but
were III fact the preliminary written
statements OF the cause of action for
the plaintiff and the defense on the
part pf the defendant, and We're en-.
tirely distinct from the forensic argu.
ments of the lawyers. My first in
preston was that good pleader was
n good speaker, one who could con
vince judge or persuade jury; my
later knowledge was that good
crly state the case of his client on Ia.
per in legal phraseolosy and accord
ing to the legal effect.
Probably the shortest will ever writ.
ten is that spoken of by Rabelais. 1t
was as follows: II 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"
Colerdge says: "A nation is the
unity Of a people"
A countryman once went to the Of
flee 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 $150"
Very well" said the countryman
here is 80 cents more, that makes
$780,
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 Bspham. is the
embodiment of a general truth in the
shape of a familiar adage."
1t is a 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 tho
light 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
mi iuht hn in, fan IN
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
night the sheep broke through the
rail fence and drank the sap. upset
the sugar trouShs 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-
mitted to the bar The case was stat
ed to the legal adviser, who said the
matter was such perpleNing ono
that he must consider it for few
days before giving his advice. Ee
then told his client he thought Il IN
wise to begin suit as he could no. see
as there was any cause for acri2l.
The client thought otherwise, :nd
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 attyr.
ney replied We'll you don't knew.
Do you see all these books? ! hal Q
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 ''trcspass.
Causes OF Legislation.
If lawyers were consulted mere
about preliminary business matters
there would be much less litigation.