Page:The Green Bag (1889–1914), Volume 05.pdf/338

 Legal Reminiscences.

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LEGAL REMINISCENCES. I. BY L. E. CHITTENDEN. MY DEAR EDITOR, — You have asked or, as it should be called, the Circuit. It was me to contribute some reminiscences an action on a written contract to recover to the " Green Bag; " and although I am by pay for ten locomotive engines. The con no means sure that I shall write anything tract provided for payment in the securities worthy of your clever magazine, yet in order of the defendant, — a railroad corporation. to show my good-will, I will brush up my It was claimed by the plaintiff that the de memory, hoping that it may yield a few fendant had disqualified itself from issuing curious or amusing incidents which may the securities described in the contract, and a recovery was claimed in money. serve to entertain your readers. The case turned upon the construction of Times have indeed changed since I was admitted to the Bar of Vermont some forty- the written contract. The question was odd years ago, and in nothing more than in thoroughly discussed; and much to my dis the public estimate of the value of profes appointment, the judge decided against my sional services. My legal friends of the client, and directed a verdict for the plaintiff. younger generation give me a look of incre I made the usual motion for a new trial. dulity when I tell them that I began practice The judge asked whether I was willing to before a Supreme Court the judges of which have it heard the next morning. As I worked from nine A. M. to six p. м. every day, wanted to appeal, and had no expectation of except Sundays and holidays, for $750 per succeeding in my motion except in the Ap pellate Court, I consented. year. "What kind of material did your State get The next morning the motion was heard, for such niggardly pay? " they ask. Well, — the only question was the one he had the first Supreme Court before which I ap decided on the previous day. Of course I peared, comprised Charles K. Williams and argued it as well as I could; my adversaries Stephen Royce, whose sound opinions are did the same. The judge decided it on the known to every New England lawyer; spot in an able opinion. One who heard it Samuel S. Phelps, pronounced by Mr. Web would not have supposed that he had ever ster the best lawyer of his time in the Senate heard of the question before, much less that of the United States; Jacob Collamer and he had decided it the other way within the Isaac F. Redfield, both lawyers and states last twenty-four hours. He reversed his men of national reputation. And although first decision, and granted my motion. His we considered the court a fairly good one, it " narrow views " and " pride of opinion " in was not thought to be anything extraordinary. this instance were rather curiously illustrated; The little State could have duplicated it at for he exhibited no more hesitation in revers the same epoch. ing himself than he would have shown in "But they were men of small practice and reversing another for whose opinion he hud limited judicial views! " I have heard it said. no respect whatever. Perhaps not every Possibly; for the following incident will " broad-minded " and experienced judge of give an idea of the type of men to which recent times would have shown greater they belonged. I had a heavy case before courage, or more indifference to his own one of them, presiding in our county court, record for consistency!