Page:Federal Reporter, 1st Series, Volume 1.djvu/51

 EMMA SI1.VBR MIN'G CO. V. EMMA SILVER MIN'G CO. AS �drawn from the record as set f orth by the pleader in his plea, may be seen by the court to be incorrect and impossible inferences from the record, if actually produced in fuU. And vet, upon the recital of the record as contained in the plea, the court may be obliged, upon the argument of the plea, to assume the truth of those inferences, because, upon the record as reoited, their correctness is uot an impossibility. Counsel, in drawing a plea, may properly draw inferences from records which in their judgment have so much plausibility that they may be honestly urged upon the court in argument.- �The bringing before the court of the records on which the defendant relies in his plea, therefore, only precludes the defendant from temporarily availing himself of a point which must ultimately be decided against him. The prac- tioe of referring the m'itter to a master does really bring the records themselves bei'ore the court, because either party may excopt to the rulings of the master, and with his report cornes up the tostimony taken, including, of course, any records put in evidence. And, therefore, the objection urged by the defendpcnts that this reference substitutos the judgmeiit of the master for that of the court, on critical points of the case, bas no force. �The pleas in this case are obviously suoh that they cannot be properly or intelligently argued with any hope of reaching a conclusion that will settlo, or aid materially in sûttling, the real controvcrsy between these parties, without having the records relied upon by the defendants before the court, in place of the recital of those records contained in the pleas. If it be said that it is the right of the defendants to plead what they will, I think it is a sufficient answor that it is com- petent for the court to require pleadings to be made defmite and certain, and so far to control and direct the pleadings that the trial and argument shall be brought down to the real point in controvcrsy. If there is no precedent for an order requiring copies of the records pleaded to be brought in upon the argument of the pleas, there are analogies enougli of the similar exercise of power by courts of justice, among which may be mentioned the requiring of the profert of a deed ��� �