Page:The Green Bag (1889–1914), Volume 04.pdf/324

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Editorial Department.

Client. You have an item in your bill, "Ad vice, Jan. 8, $5." That was the day before I re tained you. Lawyer. I know it. But don't you remember, on the 8th I told you you 'd better let me take the case for you? Cli ent. Yes. Lawyer. Well, that 's the advice.

Judge (to Officer) : " What is this man charged with?" "Bigotry, yer honor." "Bigotry? Why, what 's he been doing?" "Married three women, yer honor." "Three! That 's not bigotry; that;s trigonome try."

"Your honor," said the defendant's attorney in a larceny case in South Dakota, where an Al liance attorney was elected public prosecutor last fall, I move to dismiss this case on the ground of lack of jurisdiction; the defendant is a citizen of Minnesota, and this court cannot have jurisdiction of it." "I guess that 's so," admitted the public prose cutor; " the defendant belongs in Minnesota, and will have to be tried there." The case was duly dismissed.

A small Scotch boy was summoned to give evi dence against his father, who was accused of mak ing disturbances in the streets. Said the bailie to him : " Come, my wee mon, speak the truth, and let us know all ye ken about this affair." "Weel, sir," said the lad, " d' ye ken Inver ness Street?" "I do, laddie," replied his worship. "Weel, ye gang along it, and turn into the square, and cross the square -1-" "Yes, yes," said the bailie, encouragingly. "An' when ye gang across the square, ye turn to the right, and up into High Street, and keep on up High Street till ye come to a pump." "Quite right, my lad; proceed," said his worship. " I know the old pump well." "Well," said the boy, with the most infantile simplicity, " ye may gang and pump it, for ye '11 no pump me."

299 NOTES.

Every example of punishment has in it a tinc ture of cruelty and injustice; but the sufferings of individuals are supposed to promote the public good. — Tacitus. The antiquity of laws may make them respecta ble, but it cannot alone be deemed a sufficient reason to prevent them from being altered or abrogated. The venerable Lyman Trumbull, in an address before the Illinois Bar Association, declared that the tendencies of the Federal judiciary to absorb litigation properly belonging to the State courts, threaten to destroy all local government, and with it the liberties of the people. He believes that State tribunals are the best administrators of do mestic and local affairs, and the way to reheve the United States Supreme Court of the surplus of work now crowded upon it is not to create more tribunals, such as the new courts of appeal, but to curtail the broadening and threatening jurisdiction of the Federal courts. "Why are there so many turnings, windings, and other delays in the laws? Why is our law a meander of intricacies, where a man must have contrary winds before he can arrive at his desired port? Why are so many men destroyed for a want of a formality and punctilio in law? And who would not blush to be hold seemingly grave and learned sages prefer a letter, syllable, or word before the weight and merit of a cause? Why does the issue of most lawsuits depend upon the precedents rather than the rule, es pecially the rule of reason? Why do some laws ex ceed the offence; and on the contrary, other offences are of greater demerit than the penalty of the law? Why is the law kept in an unknown tongue, and the nicety of it rather countenanced than corrected? Why are not the courts rejourned into every county, that people may have a right at their own doors, and such tedious journeyings may be prevented? — "Old Tract, 1649. Some of the above questions seem to be equally pertinent at the present time. An opinion is commonly entertained that the sovereign signs some instrument by virtue' of which capital offences are punished with death; hence these presumed documents are popularly