Page:The Green Bag (1889–1914), Volume 19.pdf/778

 THE LIGHTER SIDE

737

-i THE

LIGHTER SIDE

The Centenary of an Opinion. — The follow ing interesting example of an old time legal opinion, the original of which is in the posses sion of Lee M. Friedman, Esq., of Boston, is of particular interest since it is this year one hundred years old. It is an interesting com mentary on the contrast between modern practice and that in the time of Judge Story, for while the letter is dated September 7th the postmark shows that it was mailed from Salem on September 12th. "Salem, Sept. 7, 1807. Sirs: I have- submitted to my clients Messrs. Ropes & Morgan your' last under the date of 1 ith ult. I now in their behalf would commu nicate their determination — Had Mr. Jacob Bliss agreed originally to the proposition by him last made, I presume, that it might have been acceded to; but many circumstances and particularly the delay and the probability of some future difficulty as it respects the finish ing of the work, would contrary to the interest of all parties make it ineligible at the present moment. The expense also of transportation of the arms would not be inconsiderable and certainly ought not to be borne by Messrs. Ropes & Morgan. On the whole therefore their determination is now to accede to the last proposal; but to adhere to that of arbitration. They are willing to submit the whole controversy to referees who are impartial and they wish only for such a decision as the facts and justice of the case shall warrant in the opinion of men beyond all suspicion of prejudice or attachment. Who ever the referees may be, it will be necessary for them to sit in. Salem in order to inspect the arms, etc., and if your client thinks proper to join in a reference, it is our desire to that it may be done as soon as possible. I understand this to be the ultimatum of my clients, and that however unpleasant, a refusal will be succeeded by legal process. You will do me the justice to believe that I wish for an amicable adjustment and that I am Very respectfully Your very obed. serv. Joseph Story." Hon. George Bliss.

Poetic Justice. — The following decision (Georgia Appeals Report, V. i, p. 656), and the argument of Mr. Stevens deserves im mortality. Logan Versus Irvin. This case is controlled by an issue of fact, as to which the defendant in error has in his favor the finding of the jury and the approval of the trial court. Trover, from city court of Washington — Judge Hardeman, Feb. 2, 1907. Argued March 28th, Decided April 25th, 1907. William Wynne, Alexander W. Stephens, for plaintiff in error. I. T. Irvin, Jr., F. H. Colley, W. D. Thomson, contra Powell, J. Although there have been argued to us in this case many questions of law, and the briefs are full of both rhyme and reason, yet, after a careful study of the record, we find nothing but a bare issue of fact, already decided adversely to the plaintiff in error by the trial court and jury. The argument of the plaintiff in error is unique, being presented in verse. However, when we compare the poetic argument with the record, we find that Shakespeare was cor rect in saying: " The poet's eye, in a fine frenzy rolling, doth glance from heaven to earth, from earth to heaven, and, as imagina tion bodies forth the forms of things unknown, the poet's pen turns them to shapes, and gives to airy nothing a local habitation and a name," and that Pope is not to be trusted in saying that " Truth shines the brighter clad in verse." The " thoughts that breathe and words that burn " must not be allowed to override the merciless logic of the law, which dictates that appellate courts must not disturb a verdict supported by the evidences and ap proved by the trial judge. Judgment affirmed. American Dementia in 1611. — The follow ing quotation, discovered by Henry G. Rob ertson, of Franklin, N. C, ought to have been in Delmas' argument. "The Maid's Tragedy " was written by Beau mont and Fletcher at some date prior to 1611, and in Scene 1, Act. 111, Amintor is made to to say " Yet, should I murder you, I might