The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-02-01

troupe. He is used 10 all Of these
things.
And so goes the life of the country
/ lawyer ] remember a character of
this kind. He wore a button of some
kind on his coat lapel He was griz-
zled and aged but WithaI age had dealt
kindly with him He had d soft heart
/ and was known to every man, woman
and child in that town BY his first
name.
THAT is cattle country down there
where we live and so we have to do
with cattle. man had a bunch OF
cattle down there. He kept them with
the expectation of fattening them for
the market and realizing a profit on
them. But the days came such as we
/ sometimes experience in Kansas. The
sun came out and beat down. the rains
/ refused to fall. The grass shriveled
up. At last there was no more grass
The man hoped on. Then at last the
water dried up in the ponds. Despair
ing. the man took his cattle and ship
/ ped them to market and sold them at
! loss. The consequence, a mortgage.
( They came into the office of the lawyer
one day and they signed the mortgage.
He looked over the paper and read:
/ "IhlS is our own voluntary deed,
/ where they had signed The lawyer
knew that this wasn't true He exert
I ed every effort to ward off foreclosure.
( He succeeded. The following year, the
/ rain was plentecuS and the grass was
( green and thick. The man was saved.
believe that when we stand before
the great white throne on that final
day and hear the words Of Thou good
| and faithful servant it will be the
/ country lawyer who WEI receive the
plaudits.
Justice Mason and Contingent Fees.
Contingent Fees was the sketch
with when Justice H. F. Mason had
to jdggle with. He also told something
about the attitude d lawyer should
D -1r id he Of 10
He said: Il never knew that there
was but one kind of fee and that at
tOrney's fees. In general sense 1
have known of contingent fees, the
proba bility existing of ever securing a
fee but this tonight L understand is
taken to be contingent in technical
sense.
Technically a contingent fee is one
i'm which, if you lose the case you get
/ nothing, and if you win your client
gets nothing. 70 win law suit you
must have a good judge, a good jury,
/ good witnesses and good luck. Ordi-
( narily the lawyer would not have any
influence upon the witnesses but there
: are occasions when I understand that
it applies, such as certain cases which
1 understand have taken place where
the lawyer is stated to have said, My
Zee is S25 where the client furnishes
the witnesses and $50 where I furnish
them But this is disclosing an indis-
erection.
1.-THE suggestion has been made that
the service a lawyer gives his client is
divided into two parts. It does not
matter about his ability as a lawyer
but his general ability. It is a peculiar
/ feature about the profession, that
Z there is no field, art. science. relgioa,
of which his learning may be not APP
piled to his profession. It has result
ed even in some cases in saying human
life. This was evidenced IN the disas-
trOus flood of 1903. A local incident
serves the purpose. One of the resi-
dents in the flooded district, a woman,
sought refuge on the top of a book
case and as she was being swept along
her husband making use of his mu-
steal training accompanied her on the
piano.
Whether or not lawyers win cases
/ it is said that lawyers lose cases. Able,
great lawyers fail in cases of appeal
as frequently as lawyers of mediocre
ability 1t is a popular impression that
the results of litigation are uncertain.
The layman believes that there is great
uncertainty, and there is to a certain
degree great deal in that. It is this
which perhaps induces the client to
seek his lawyer to try his case on the
! contingent fee basis.
Which is the best lawyer? The one
who is able to tell the law best or who
is able to make his case appear the
best law?
THE lawyer should tell his clinent
what the law is, in the case and the
probability of the decision of the court.
I Not what he thinks should be the law.
Men will differ in their opinions. It
/ is a very difficult thing to tell why two
men of equal abilities, of equal tenn
/ permanent and education should take two
different stands 1t is difficult to some
! people. To the man who is dogmatic
1 the explanation is ready and obvious.
/ The answer is, that the differing one is
/ an imbecDe or the other answer is that
! the God Almighty never intended two
men to think alike.
1T does not follow that the men Of
/ best intellects should be the best judges
/ Genius scintillates, and scintiliating
/ does not vary very much from webbing,
Every decision of a court of last re-
( sort does in a way make law. The good
/ lawyer who wins the case, has this to
/ pass before him, to aid the court in ar
irving at the just rests"
Turner Discusses Nfugwamps.
R. W. Turner. formerly secretary of
/ the board Of railroad commissioners
! handled the topic of "MugWumps." Mr.
! Turner, who halls from Mankato, frank
/ ly states that he is a mugWump himself
| In defending his faith he said: The
/ term mugWump as / understand, was
/ first used as d term of derision in the
/ cOmpaign OF 1884. Since then it has
] come to have more respectful mean
/ ing. If it be a crime to be a mugWump
! I see around this board tonight many
/ distinguished criminals. If I understand
/ that the definition is that mlagwump
! is one who is an independent, 1 accept
/ the definition.
4 think I see around these tables a
number Of gentlemen who are good
party men but who are not always
/ strict i'm their party allegiance.
! New issues are constantly arising
/ and men must pass ON these issues. 1t
seems to me that parties are necessary
I i'm order to present these issues. 1t
/ seems to me, however, that the body of
| voters when it comes to a vote on these
/ issues must assume the attitude of a
/ juror and weigh the evidence without
/ prejudice and favor. Those who have
/ been bitter partsans have exercised
/ the same position as the bigot has ex-
/ ercised in religion. Lawyers are more
or less politicians. they represent the
/ public opinion and in order to do this
/ they must satisfy themselves Of these
! issues ard then STAY BY their cOnVic-