The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1905-12-29

THE A0bfENcE WAS GREATLY
slEAsgn WITH EEca ON
THE grgE

N9-A ~
STANFORD said:
TEere are lawyers nature ass
as there meets t43na rhey
are endowedW5 tA wo onsl
intellectual. the other moral Thee
Is tie power To- perceive the
lntions Of things and u otheF ths
disposition "a zee justice done. This
ability 10 e the r elation
wh;ch things stand zach other
what is 1t but common
fed? And WHO wi admit that
common sense is always a
uie: Ifyou know ofan college that
can confer an honest degree com
mon sense, let me knpW
send my boy there It cam be done
If he wa born with Il the ahooI
give It breadth and power
born without it the school VIII only
make the defciency c~onspiegcIs ne
spanlards have a proyeEh foot
never a great fool until he Knows
I.atln.n we have an seen Iagyer
who would have been stronger 4 trey
had relied more on their reascn and
less on their reading Even On the
bench / have known men who would
have been better Judges e they had
been poorer lawyers. When al IS said
II Is mother.wit That runs the world
Probably You laughed awhile ago
/ did, over that story in the Law re-
view concerning a famous 1urist who
was fordtng a little brook In his chaise
and trying to wet the dry wheels b
hacking again and again into the
stream, and finding that each time
he wet only the same part Of the cir
conference. An old darkey obsery
Eng his efforts yentured to help him BY
turning the wheel round and round In
the water until the felloe and spokes
were all wet. 81 never thought q
tat" said the nbsent-minded Judge
He must have been greatly consoled
by the reply "oh, well, some folks
Just natlly has lao sense than Others
anyhow"
How offer we haye occasion to ref
turn to that profound saying Of Ba;
con, Books teach not their own use,
but that is a wisdom without them
and above them won by Observation
1t was common that made the
law, and 1T common sense that must
apply it. In tae war between III
States a Massachusetts regiment waa
TO he transported by train. The leco
motive had broken down. Is there
any man here t1ut knows how to mend
this engine? p asked the Colonel.
private stepped out Of the ranks and
patted the machine, saying 4 ought
to; 1 made her" That Is what hap
pens when the real lawyer puts his
haId to the law. Some OF the best
lawyers were never admitted to tho
Lar. More than once I have been CON
suited by some country magistrate,
some back-woods justice Of the peace
constable, or plain farmer, who has
shown such u clear perception Of the
principles, such a firm grasp Of the sit
uation, that | have felt Ike saying,
why do you come to me for counselg
It IS l that snolilu learn Of YOU. OF
course. there are some% questions that
depend for their solution upon techni
cal learning, bur they are moi d large
proportion, Earring these, I believe
it is possible to state any correct judg
rnent in terms that will satisfy the
common nina. i always distrust q de-
cision that cannot be made i%ntellgible
to the ordinary understanding. When
Marshall was delivering one OF his
subtle, f~ar.reachlng opinions a pellt
cal opponent whispered TO his compan
ion. Its wrong. all wrong" Yes.
replied his colleague, but the man
does not live that a point out where
in it is wrong | do not pretend to
say that the criticism was just in that
instance. 1 don't remember what the
instance was. But when that IS tho
impression left upon a fair and CANDID
mind, a feeling that the argument may
be right, but that n result IS WfQnai
the probability is that the opinion IS
wrong. if it is not wrong there's has
been a failure to put Il on the true
ground, Luke Poland, Of Vermont
was one OF the best Judges and legis
Iators we ever had. A friend Of his
not a lawyer, lad been elected Justice
of the peace. The Judge said to him
81 will give you a little advice You
will get along well enough IL you nevsr
give any reason for your deelsions
You are a pretty sensible fellow and
nine times gu of ten yoar judgements
will be right. Tut If you tryto tell wis
the chances are you VIII make yod
self ridiculous The true texts ala
those that shine by their own Iight
The sound judgment has a way Of Ju
flying itself even TO the a in The
street. 1t is the business OF learaHg
TO make itself plain to the u~nlsarnel
Greatness cal AFFORD lobe simple, Aud
thab highest yfsdom tsess Ii Mimifest