Page:The Green Bag (1889–1914), Volume 22.pdf/240

 The Green Bag

222

closer examination than they seemed to have

inaccuracies, mistaking a little wood sparrow

had time to give, we ﬁnd it to be but a Bill

for the covey. We have here aﬂorded us a beautiful example of the rubber-like attribute of pro

in Chancery in the cause of Willis Banks v. Richard Evans. To quote from the Court, “This is a bill

fessional courtesy, because it is stretched so

ﬁled in the vice-chancery court by Evans to have a deed canceled which is alleged to constitute a cloud upon his title." We ﬁnd a similarity in the cases in this: that cause was reversed-so was this. A suggestion of error was also ﬁled-and over

far. These also very highly distinguished gentle men have also ﬁled (fooled with) a "brief," as they are pleased to term it, and it is not a.

ruled, as we are bound to admit.

We are inclined to the belief that our legal employees did as our train employees, erred as to the law, for the citation has no more application to this case than a red-cross porous plaster, and the only service it renders in connection therewith is as a reminder of the incident mentioned in "Roughing it," where the man who shot at a mark and killed a mule remarked, with some show of satis faction, “Well, if I didn't hit what I shot at I fetched something." Said decision was ren dered in 1848, which shows that they took the

back-track of the ages to ﬁnd an authority and went so far they forgot what they went after. A candid mouth might utter the senti ment that they are like the men who got back half a mile for a running start, to jump a big ditch, and got out of breath before they got back. We offer as an apology for this evident inaptitude the excuse proffered by the young woman who produced an animated evidence of amatory activity anterior to moral sanction, “Please excuse me this time for it is such a little one." So, line up our mental misconception with her physical mis take and “pass our imperfections by." But our above-mentioned attorneys, with that modesty that is the valet of true great ness, discounted their hopes of success in advance by engaging the services and assistance of two other lawyers,

"whom not to

misnomer, so far as its nature and substance

is concerned. We thank them for the knowl edge thus imparted by the name, for had they not given it that name we had not known it as such, for we have heretofore been led

by lawyers to believe that a “brief" contained at least some allusion to the law, but this does not even pretend to a passing acquaint ance with Themis. It is possible that they are at outs, for Blackstone, who was her

prime favorite, hence enpowered to speak from knowledge, says that she is “A jealous mistress." It may be that she is not willing to espouse their cause in this instance but, per contra, smiling on apellee, whose "cause is just." Since they do not invoke the law to sustain their contention there is no legal reason why the court should reverse its action. It gives a woman's reason only, to wit: "because," forgetful that simply to say “because” will not be cause for action on the part of the court. It claims to rely solely on facts, but does not look them squarely in the face, but is blind as to some and cross-eyed as to others. We know that they must have had some thing in mind, so, for sweet charity's sake, let us suppose they were thinking of the familiar doggerel, which runs thus, "The bumble-bee has the golden wing, The lightning-bug the ﬂame; The b— has no wing at all But gets there all the same."

know

Government dispenses with the large amount

So, they trusted that, though they have no law "at all," they might be able to get there “all the same"——which might obtain, but for the fact that they are not only in a court

asked for its so-called improvement, will be

of law, but, indeed, the highest in the land.

in truth, as well as name, a “pearl of great price." And, as a well-trained setter will make a point on a point,—technically termed a "back-set,"—not seeing the covey but only pointing the pointer, so, these very highly distinguished gentlemen are now actively engaged in back-setting the aforesaid also very highly distinguished gentlemen in their

Now, if it was only a justice of the peace court, then, indeed, they might “sit up and take a hand," as that is purely a court of fact. Sifted from the chaﬁ of its verbiage, it is assertion based on assumption, "only that, and nothing more." We ﬁnd from this that they have read Shakspere, for, he says. “Assume a virtue, if you have it not," and

argues oneself unknown," whose habitat is on the banks of a. little stream with a big name, to wit, the Pearl, which,if the federal