The Washington times., 1906-06-17
COrnfield Lawyers

In the weighty debates on the rail-
read rate bill in the Senate Senator
Tillman, who is a farmer. advanced
some opinion on a constitutional point,
characterizing il in his racy idiom as
.'cornfeId law" Senator SpOOner accept
ed the epithet, and IN his learned argu-
ment alluded more than once rather
sIightingly to .'cornfield lawyers" The
description Of Senator Tnlman meant
only 70 imply the view OF the matter
which was taken by good sense Unen-
cumaered BY the cObwebs Of legal tech
nicahty. That such q view may be very
effective ia reaching the true inward
ness OF the matter is shown even by
an appeal 10 precedent-the argument
always dearest 10 the lawyers heart
It approaches that frequent recurrence
10 fundamental principles so highly
recommended as q preservation OF I'D
erty in the rhetorical language Of old
bills Of rights. There is the case Of
Lord NiansfieId's friend reported by
Lcrd Campbell This friend had receiv-
ID an appointment 10 a colonial COVER
norsNip. Great was his CONSERVATION to
ind that the governor was also expected
to act as a Judge-and ne hdd been
bred in the profession OF arms, not OF
the law He laid his misglving before
Mansfield As for acting the judge,
nothing is easier; only hear both SIDES
patiently-then consider what you lhlnk
Justice requires and deride accordingly
R,1t never give your r.asons-for your
Judgment will probably be right, out
your reasons VIII certs.i!Y be wrong
So long as the advice 'as followed
Lord Mansfield tells US. his pupil was an
admirable Judge. But IL IS ever pride
before a fall. Admiration for his own
judicial wisdom seized upon his soul.
and he began to render a reason Tor
the legal faith that was in him. The
hand of chagity draws curtain over
a writer in the Springfield Republican
cites the administration Of justice IN
New Hampshire when the judges We're
merely plain farmers without legal
training. OF one OF these cornfleld
lawyers" John Dudley, Chief Justice
Parsons is reported to have said: You
NAV laugh at his law and ridicule his
language, but Dudley is. after all, the
best Judge / ever knew in New Hamp-
shire A specimen of a charge 10 the
Jury by Judge Dudley is given TO US:
You've heered what has ben said by
the lawyers. the rascals! but no, won
abuse 'em. Tis their business to make
out a good case-they're paid for II, and
they've done well enough in this case
But you and l, gentlemen, have sunthln
else to think of. They want TO govern
us by the common: law of England (:
trust me for II. common sense Is a much
safer guide for uS-the common sense
of Raymond, Exeter, Ipin tEpping), and
the other towns that sent US here to
try this case between two of our neigh
bors. A clear head and an honest heart
are wuth more than all the law of all
the lawyers There was one good thing
said by EN-, though; twas from one
Shakespeare, an English stage-player, i
sbelieve- No matter for that; twas cen
almost good enough to be in the Bible
Be just and fear not That's the law
in this case, gentlemen, and law enough
in any case in this court It's our busi-
ness 10 do justice between the parties:
not by any Quirks o the law out OF
Coke or Blackstone-boOks that / never
read and never will-but by common
sense and common honesty between
man and man. That's our bustaess; and
the curse of God is upon us if we neg
lect or turn aside from that. And now,
Mr.. Sheriff. take out the jury; and you.
Mr.. Foreman, don't keep us waiting
with idle talk-too much o that
Already about matters that have moth
in to do with tE5 merits of this ere
case Give Us an honest verdict that
common-sense men needn't be ashamed
on. Law Notes