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THE GREEN BAG

by the average layman, but we will be charita small flies are caught, and the great break ble and assume that the disapproval and the through," though, quere, whether this was resulting sarcasm is not due to the fact "that written before or after his fall from grace? If no man ever felt the halter draw with good before, it is intelligible; if after, it is a strange opinion of the law," as a witty scribe once observation for so keen an observer. The wrote. No doubt if the minute history of the same thought caused Pope to write: "All look far-away and shadowy empires of ancient up, with reverential awe, at crimes that 'scape Egypt and Mesopotamia were written, we or triumph o'er the law." would find the same interspersement of caustic The lawyer's fees have aroused the vindictive comment, and the same railing and ranting and jealous feelings of many a humble and at the law's inequity and iniquity that we find worthy scribe. Douglas Jerrold, in a trulyin our English and American literature. witty passage, has written: "The law is a The objection to law and its disciples is not pretty bird and has charming wings; it would often voiced in as heartless and cruel a manner be quite a bird of paradise if it did not carry as the inimitable bard of Avon has expressed such a terrible bill." Dr. Johnson has ex it in Henry VII., where one of the creatures of pressed a similar thought in this homely and forceful phraseology: "The plaintiff and de his mighty brain is responsible for the follow ing iconoclasm: "The first thing we do, let's fendant in an action at law are like two men kill all the lawyers." Could Shakespeare have ducking their heads in a bucket, and daring been bothered with a copyright suit at the each other to remain longer under water." time, or must we look for the cause of this Even Lord Brougham, whose judicial train savage pleasantry in an injunction suit in ing and career should have taught him the Chancery, directed, perhaps, against a rival truth, has cast the stone of reproach and author or manager? Butler, too, has added ridicule at his chosen profession, for he says: his half-truth to the indictment, for he says: "A lawyer is a gentleman who rescues your estate from your enemies, and keeps it to him "In law there is nothing certain but the ex pense." No doubt if the Nisi Prius reports of self." Our own versatile genius, Dr. Franklin, his time were searched, we would find a case of broad and liberal as he was by birth and train Butler plaintiff, or Butler defendant, that ing, has expressed his convictions on the sub would throw much light upon the genesis of ject in the language of "Poor Richard," rather than the conservative and diplomatic tongue this dictum. To the count of discrimination, the differing he knew so well, for he wrote, "that a country attitude of the law in its dealing with rich and man between two lawyers is like a fish between poor, how shall we plead? At first blush a cats." Undoubtedly the far-famed Philadel traverse; but after calmer consideration we phia type. will not risk an issue, but adopt the convenient The artist who drew the picture of the law and conscience-quieting plea by way of con suit over the cow, one claiming the head fession and avoidance. As the cynical Gaul portion, the other the rear end, and both has it: "Justice is mighty, but money is al tugging and pulling mightily, one against the mighty." Goldsmith has recognized and other for possession, while the lawyer unmind voiced the common plaint in his poem, "The ful of the fierce contention is serenely milking Traveller," in the following language: "Laws the animal, seems to have been inspired by grind the poor and rich men rule the law," the same thought as the witty Pope. though Oliver's credibility as a witness is much But with all its shortcomings and its failure affected by his early lawless and predatory to reach the high level that Lord Coke spoke career and his latter series of questionable of, may we all be able to say and agree with gallantries, but he could plead in justification Daniel Webster's thought: "The law, it has or extenuation of this "obiter" the similar honored us, may we honor it." language of a recognized expert, the eminent Lord Bacon, who expressed the grievance to — THEODORE D. GOTTLIEB, in the New Jersey be: "That laws are like cobwebs, where the Law Journal.