Page:The Green Bag (1889–1914), Volume 06.pdf/278

 Cfte <§mn BagPublished Monthly, at $4.00 per Annum.

Single Numbers, 50 Cents.

Communications in regard to the contents of the Magazine should be addressed to the Editor, Horace W. Fuller, i5yi Beacon Street, Boston, Mass.

The Editor will be glad to receive contributions of articles of moderate length upon subjects of inter est to the profession; also anything in the way of legal antiquities or curiosities, facetia, anec dotes, ete. THE GREEN BAG. T^TE are indebted to an Oregon correspondent "" for the following : —. Editor of the " Green Bag" : Dear Sir, — It has been truthfully stated, that law is not an exact science : its fundamental principles in innumerable cases have been passed upon and settled, yet there are constantly arising new circum stances, making necessary the interposition of our highest tribunals : and while our Supreme Courts are made up of the best of the profession and voice the collated learning of centuries, the very nature of our institutions has established a quasi ju diciary, perhaps as remarkable for stupid legal mis constructions as the former are exact and just. Until our entire system of inferior courts has been revolutionized, committing magistrates or justices of the peace, shorn fortunately in many of the older States of the importance of and extent of their civil juiisdictions, will remain and perform their humble part in the administration of justice. Doubtless there are few lawyers, whose practice in early years may have taken them into country dis tricts, but who will have recollections of the country justice; an intellectual type, whom none better than a lawyer can appreciate. Blessed with a profound confidence in his own knowledge, now and then cracking a joke with counsel, and as the hour for action approaches, seating himself upon a rickety chair behind a small table which has apparently done service in the family for at least two generations, surrounded by an open mouthed, expectant audience, baring his noble brow to the vulgar gaze, and with apparent feelings of regret, temporarily arraying him self with all the attributes of judicial dignity, he resolves himself into a court. A tale, perhaps now twice told, is related of a cer tain justice of the peace from the State of Iowa, most learned in the law, who previous to the trial, having arrived at a conclusion upon a question of law highly satisfactory to himself, refused to enter

tain an argument by the opposing counsel. "If your Honor pleases," counsel pleaded, " I should like to cite a few authorities upon the point "; here he was sharply interrupted by the justice who stated "The Court knows the law, and is thoroughly ad vised in the premises, and has given his opinion, and that settles it." " It was not," continued counsel, "with an idea of convincing your Honor that you are wrong, but I should like to show you what a d m fool Blackstone was." To intrust men of little learning and no legal at tainments with a jurisdiction of two hundred and fifty dollars, as is done in many of the States, often works many hardships, and seldom justice to liti gants. Unjust claims brought by irresponsible per sons, too trifling to appeal, are made to assume the dignity of judgments, for as is often remarked they are distinctively plaintiffs courts, and thus the ad ministration of law becomes a parody upon justice. A judgment record in a recent case before a " countrv justice" presents a most logical example of the possi bilities of human misunderstanding and misconstruc tion of the laws. John Doe sued Richard Roe upon a promissory note, principal and interest amounting to one hundred and ninety-five dollars, and garnished forty-three and eighty one-hundredths dollars in the hands of one Smith, due to the defendant, also the further sum of one hundred and eighty and fifty onehundredths dollars in the hands of one Brown, which by his return into court he owed to Smith. It also appeared that Smith owed the defendant the sum of three hundred and fifty dollars. Judgment upon the note having been granted, and after the examination of the garnishees, the justice gave and entered exactly the following: "The evidence being closed, the course was submitted to the court for consideration and decision and after due deliveration thereon the Court find, that there is sufficient money in the hands of the garnishees, viz.: 'Brown' in the sum of one hundred and eighty and fifty one-hundredths dollars, and in the hands of ' Smith ' the sum of forty-three and eighty one-hundredths dollars, and ordered that judgment be entered herein in favor of plaintiff, John Doe, in accordance therewith. this third day of January, 1894. Justice of the Peace,"