The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-12-04
THE TRtINED LEGAL MIND.
Illustrated by the story OF the Law and
the Telephone Pole.

To THE EDITOR OF THE SUN--Sw.
| have been interested In the various letter:
you have printed concerning the interpre'
| taton to be given some OF the provisions
| of certain treaties that affect this country
| Is II strange that the lay mind Is con-
fused in the presence OF these formidable
| Instruments? Not at all when you con
slider that the trained legal mind is also
! confused
| In my limited experience have found
| that questions OF law are more confusing
1 to lawyers than to laymen, which. OF
| course. is accounted for by the fact that
the lay mind is immune to the subtleties
! Of legal Interpretation.
/ well remember a case in point
Some years ago telephone company
placed pole In my front yard without
my consent and while I was away from
! home To my mind there was a plain
case OF trespaass. went to lawyer.
| told him the facts and requested him to
see to II that the pole was removed
within twenty-four hours. He looked at
mo In surprise.
Has It occurred to you tina. you may
be bit hasty?' he inquired solemnly.
Not at ALL replied but II you
prefer make Il forty-eight hours"
MY dear SIR" he said with great de-
liberation. the point involved is a very
nice one. a very nice one indeed"
opening n large NOlufne DOunu III DUCK
ram ne read. as nearly as I can remem-
Ter, Chapter 769 Of the Laws of 1875. as
amended by various other chapters passed
IN subsequent years Then he gravely
laid down the book and remarked that
the point involved still remained very
nice one. For moment he seemed lost In
thought
The Roman law" he said at last with
far away look took no cognZance OF
the rights and liabilities Of telephone COM
panes. The statutes Of Jus;nian may
be searched in vain for any Light on the
subject. The same may be said OF the
common law OF England IL Is silent on
this very important branch OF learning
II is only since the telephone was in
vented that We find statutes designed 10
regulate and control the great corpora
tons organized for the purpose Of trans
hitting verbal messages. And these
statutes are not always clear. In fact SIR
they are often very conflicting.
II am well aware" he continued, that
thu amount OF damage you have sustained
IA small. hut that is not material, for this
is a question Of principle" and here he
l'fted up large book and dropped IL on
the table with great violence
81 think we are agreed. sir" he re-
sumed after pause, that the rights OF
the humbest individual are Just as i'm
pnr;ant az those OF the most powerful
corporation IN tne lana Will lOOh up
this question carefully and advise you
within a DAY or two. BY the way. what
is the color Of the pole -"
| told him and departed.
About week afterward I received
through tn" mail a large envelope con-
taining a typewriter document Of many
pages \ careful examination OF IL dis
closed sort OF preliminary discourse
upon the invention and perfection OF the
telephone and rs inestimable value TO
civilization.
Thea followed a synopsis Of great
many cases involving the liability of
telephone companies are construed by the
courts from Maine to California.
The liability OF the company In my case
was discussed in the last paragraph OF
the document II read as follows:
Il will he seen therefore that under me
lav n laid down in fourteen states rirht
Of action EXISTS against = telephone com
pnnv upon facts similar to those involved
herein. while under the law as construed
IN hfteen other states no such right exists
Careful and pains:akinE research has
failed to discover any case In this state
that Is absolutely decisive.
am al, the opinion. however. thar II you
can bring Yourself squsre'y within the Max
WEI case tsupraN YOU Will he abe TO re-
cover a, least nominal damages provided
the poi. Is not removed in the meantime.
Accompanying the brief was bill for
services rendered. I sent a check and
with It little note o, appreciation that
read as follows
NJ, DEAN SIN: have read your brief with
great interest note that the law OF
wyoming is particularly adapted 20 my
needs and thank you for calling my atten-
ton to the fact.
% you think should 60 to wyoming 10
sue the company or would II he feasible to
subpoena or shanghai wyoming Judge into
ants STATE
have read the Maxwell decision, but |
cannot bring myself within It's rulings for
IN that case the po.- was painted black.
whereas IN my case the pole Is Of dull.
drah color. Furthermore fear I slightly
injured my cause Of action by cutting the
POI. down within an hour after left your
ONCE
This may have been contrary % the
statutes Of Justinisn, but | think there is
some authority FOR I, ia tho Mosaic Law.
There the telephone pole case rests.
SIMON CREEi.
ArnASy DaNefpher