Franklin's paper the statesman., 1911-09-30
MELOOU RN e.

Really. Mr.. President" said Mr.
Dexter. Il think II you Will allow
your mind to revert back prior 10 the
American Revolution. when you were
In the practice of law. you Will per
ccive that many OF those rules you
.call technical and OF which you now
d,,.pproye were essential guard 70
the innocent and very Important 20
the correct administration OF justice.
- admit. said Mr.. Jefferson. tnat
General principles, or rules II you
nlease. ought to be well nxeo IN sne
mind Of the lawyer, and insist tnAt
In the proper application OF tnose
rules To particular cAses consasts =. enc y
alEllt aAA y. A s's;..
and the rigid adherence 20 :.,.n
which i complain. A large porton
~ forensic debates is about names
in..ead of principles or facts Inc
.coon Polly. In descending the ro.o,
,noc rms upon the scoop Hope anu
In moment ruins her owner ne
commences an action OF trespass
ayainst the owner OF the sloop fony'
"a hacause he has called his action
,respass. instead of trespass on .ns
case is cast in the suit ana imine 'e1
In "a heavy bill OF costs. This' ~ III.
mind in manifesuy wrong. anu se'
thouxands OF cases Of this KIND occur ;
and discussions respecting tne"
,uuv a large portion OF the time o'
our courts and the labor OF tne ~~
vor More general science ana more
common sense should be mingled Win
~. technical learning OF the iesai
rr,ct,,ioner. While administereu
the United States government l GU
d..rored TO reduce this doctrine W
,r.ctIce nv the manner in which Sc
iccted the Judges of the supreme cour.
NJ the territory of Michigan lha'
.orr, was composed OF three JUDGES
se,ected for one OF them Mr.. Wood-
worth of virginia. He thad spent ms
life In the study OF natural and mora,
philosophy and really was man VI
Great general knowledge ,..
so he was" interrupted DE- @
cheli: II knew him well. ! nave au
his theory OF the tides OF tue 'aNes
with great pleasure.
Though" continued Mr.. Jeuerson'
~ confess Judge Woodwork was u
,,t,Ie visionary. Another OF these
A1udees I selected from PennsySAuas,
He was a dry. technical lawyer, anu y.
would not believe two and TWO Maue
four unless you could prove II Uy un
nd;udged case. The third was larse
strong.handed and strong-mindeo ve..
mont farmer who had perhaps meyer
.een a law book except tnat VIZ.
contained the statutes Oh
sna Who heartily despised all legai
saarn,nv Thus | formed q court con'
s.s.inr Of a philosopher. lawyer anu
. cIear.headcd. common sense ve
mont farmer. x.,,I~,ho had
.ot profoundly silent, though couio
NOW and then perceive something
itka a nhosphoric coruscation IN nis
,.asr black eve, now laid down nis
rnife and fork and said. with sAIs
a.t,c smile: And how did your
,s,.r % onerate. Mr.. President! Did
YOUR machine go welll'
kAst,pon my word" said Mr.. Jener-
Son 1T would not 60 at ALL
III must have been." said Eioer
.,ond "like q cart with three norees'
one at each end and one at the ,ids'
ali pulling In different directions.
Al this we all laughed nearby
rven the solemn face of the cnieI 'us'
tice was moved to visibiiity.
After this conversation ennue" "a
A. conduct of the New Ens..us s
t,ss during the war then lately END
No one justified their course. ~.
1cxter regretted that the constitu.,un
Ma not vssteed the national so.S.n nS
.ncnt with greater powers IN su'n
.Nor sa,d Mr.. Jenersop. = car.
x. H io,n you in that; instead Of edd.
a." @ would take from ths-geaes esel