Legal Brief

Full text of the opinion of Michigan appeals court judge J.H. Gillis in Denny v. Radar Industries Inc., 1970:

The appellant has attempted to distinguish the factual situation in this case from that in Renfroe v. Higgins Rack Coating and Manufacturing Co., Inc. (1969), 17 Mich.App. 259, 169 N.W.2d 326. He didn’t. We couldn’t. Affirmed. Costs to appellee.

“It is truly a model of brevity,” wrote an Arizona state court justice. “If more judicial opinions were like this one, lawyers and judges who have to read them would be much happier, and the forests would be much safer.”

Mail Call

From Andrew Carroll’s Behind the Lines (2005) — during World War II, the parents of William Kyzer received this letter from their son, an infantry rifleman stationed in the Pacific:

Dear Dad & Carmilita

I’m OK, days flies by here in

Well maybe it can be all again soon. I’m praying for it. Write soon Nothing like getting a letter from home. Here on

Love

Bill

P.S. They may censor this letter

Carroll writes: “In fact, Kyzer’s mail was not edited at all; he simply hated writing letters and only penned the few sentences at the top and bottom so that his folks would believe that the censors were responsible for slicing out the rest.”

Occupational Privilege

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A member of Congress can’t be sued for libel and slander for anything he says on the floor of the House or Senate. This immunity extends to committee hearings and to material he publishes in the Congressional Record.

The framers of the Constitution wanted to protect legislators from the harassment that critics of the British king had suffered in Parliament.

Survival of the Fittest

In 1499, a bear which had been terrorizing a German village and had killed people, was captured and brought to trial. The attorney appointed to defend the bear was allowed to argue for days that the animal had the right to be judged by a jury of its peers (that is, other bears). However, the animal was tried and convicted by human beings. It was sentenced to dangle from the public gallows until relatives of its victims stoned the bear to death.

— Thomas J. Gardner and Victor Manian, Criminal Law: Principles, Cases and Readings, 1975

The Wheels of Justice

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In England’s Court of Chancery, a litigant’s charges were converted into “interrogatories,” or searching questions to be put to the defendant, who had to answer them under oath. For example:

“Whether or no was the said testator, G. H., at the time of his death indebted to any and what persons or person in any and what sums or sum of money?”

Composing these questions was such mournfully mechanical work that a thoughtless clerk could turn almost anything into an interrogatory. Junior counsel Edward Karslake once submitted a rather florid account of a broken trust, and the clerk absently returned this:

“Did not the defendant fall down on her knees or on one and which of them and implore the plaintiff with tears in her eyes or in one and which of them to advance the said sum of £—- to her husband to save him from bankruptcy and their children from ruin or how otherwise?”

According to one story, a junior counsel wagered that if the first few lines of Paradise Lost were inserted into a bill, his clerk would render them into interrogatories “without turning a hair.” Here’s Milton’s text:

Of Man’s First Disobedience, and the Fruit
Of that Forbidden Tree, whose mortal taste
Brought Death into the World, and all our woe …

And here’s what the clerk produced:

“Was it man’s first or some other and what disobedience, and the fruit of that forbidden or some other and what tree, whose mortal taste brought death into this or some other and what world and all our woe, and if not why not or how otherwise?”

It was this tedious officiousness that Dickens railed about in Bleak House. He had some justice: The novel’s central case was inspired by a Chancery suit that took 36 years to get through court.

The Right Moment

The second Earl of Leicester sat in Parliament for 67 years without saying a word.

His son, the third earl, was silent for 32 years.

His grandson, the fourth earl, said nothing for 23 years.

His great-grandson, the fifth earl, Thomas William Edward Coke, kept his silence for 22 years, then in 1972 rose and said, “I hope we shall use safer chemicals in place of those which have devastated the countryside.”

“My record of silence is not all that remarkable because I know that my family have not been overtalkative in this house,” he said later.

Quiet Study

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Image: Wikimedia Commons

When French-American philanthropist Stephen Girard founded Philadelphia’s Girard College in 1830, he explicitly excluded religion from the campus:

I enjoin and require that no ecclesiastic, missionary or minister of any sect whatsoever, shall ever hold or exercise any station or duty whatever in the said college; nor shall any such person ever be admitted for any purpose, or as a visitor, within the premises appropriated to the purposes of the said college.

“In making this restriction, I do not mean to cast any reflection upon any sect or person whatsoever,” he wrote, “but, as there is such a multitude of sects, and such a diversity of opinion amongst them, I desire to keep the tender minds of the orphans, who are to derive advantage from this bequest, free from the excitement which clashing doctrines and sectarian controversy are so apt to produce.”

Carving Verbs

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A dinner host in the 17th century might have wished for a usage manual — a different term was used for carving each dish, and, according to Samuel Orchart Beeton, “for a person to use wrong terms in relation to carving was an unpardonable affront to etiquette.” One might:

  • allay a pheasant
  • barb a lobster
  • break a hare
  • chine a salmon
  • culpon a trout
  • disfigure a peacock
  • dismember a hen
  • display a quail
  • fin a chevin
  • fract a chicken
  • frush a chub
  • gobbet a trout
  • lift a swan
  • mince a plover
  • rear a goose
  • sauce a capon
  • scull a tench
  • side a haddock
  • splat a pike
  • splay a bream
  • spoil a hen
  • string a lamprey
  • tarne a crab
  • thigh a pigeon
  • thigh a woodcock
  • transon an eel
  • trench a sturgeon
  • tusk a barbel
  • unbrace a mallard
  • unjoint a bittern
  • unlace a coney
  • unlatch a curlew
  • wing a partridge

“Carving was a science that carried with it as much pedantry as the business of school-teaching does in the present day,” Beeton observed in 1875. By that time, happily, such lists were already considered “too long and too ridiculous to repeat.”

The Golden Key

A monk was standing at a convent gate,
With sanctimonious phiz, and shaven pate,
Promising, with solemn cant,
To all that listen’d to his rant,
A full and perfect absolution,
With half-a-dozen hallowed benedictions,
If they would give some contribution,
Some large donation supererogatory,
To ransom fifty murder’d christians,
And free their precious souls from purgatory:
When (he asserted) they would gain
A passport from the realms of pain,
And find a speedy passage to the skies.
A knight was riding by, and heard these lies;
He stopp’d his horse, “Salve,” the parson cried;
And “Benedicite” the youth replied.
“Most reverend father,” quoth the knight,
Who, it appears, was sharp and witty,
“These martyr’d christians’ wretched plight
Believe me, I sincerely pity:
Nay, more–their sufferings to relieve,
I will these fifty ducats give.”
This was no sooner said than done;
The priest pronounc’d his benison.
“Now, I presume,” the soldier said,
“The spirits of these christians dead
Have reach’d their final place of rest?”
“Most true,” replied the rev’rend friar,
“(Unless Saint Francis is a liar;)
And, to reward the pious action
Of this most christian benefaction,
You will, no doubt, eternally be blest.”
“Well, then,” exclaim’d the soldier-youth,
“If what you say indeed be truth,
And these same pieces that I’ve given,
Have snatch’d their souls from purgatory’s pains,
And bought them a snug place in heaven,
No further use for them remains.”
He said thus much to prove, at least,
He was as cunning as the priest:
Then put the ducats in his poke
And rode off, laughing at the joke.

— “C.J.D.,” in The Mirror of Literature, Amusement, and Instruction, 1824

Twainspotting

“Certain rules to discover married couples in large societies or in public,” from The Meteor; or, General Censor, 1814:

  1. If you see a gentleman and lady disagree upon trifling occasions, or correcting each other in company, you may be assured they have tied the matrimonial noose.
  2. If you see a silent pair in a hackney or any other coach, lolling carelessly one at each window, without seeming to know they have a companion, the sign is infallible.
  3. If you see a lady drop her glove, and a gentleman by the side of her kindly telling her to pick it up, you need not hesitate in forming your opinion; or,
  4. If you see a lady presenting a gentleman with anything carelessly, her head inclined another way, and speaking to him with indifference; or,
  5. If you meet a couple in the fields, the gentleman twenty yards in advance of the lady, who perhaps is getting over a stile in difficulty, or picking her way through a muddy path; or,
  6. If you see a lady whose beauty and accomplishments attract the attention of every gentleman in the room but one, you can have no difficulty in determining their relationship to each other–the one is her husband.
  7. If you see a gentleman particularly courteous, obliging, and good-natured, relaxing into smiles, saying smart things, and toying with every pretty woman in the room excepting one, to whom he appears particularly reserved, cold, and formal, and is unreasonably cross–who that one is nobody can be at a loss to discover; or,
  8. If you see a young or an old couple jarring, checking, and thwarting each other, differing in opinion before the opinion is expressed; eternally anticipating and breaking the thread of each other’s discourse, yet using kind words, like honey-bubbles floating on vinegar, which soon are overwhelmed by the preponderance of the fluid; they are, to all intents, man and wife! it is impossible to be mistaken.

“The rules above quoted are laid down as infallible in just interpretation; they may be resorted to with confidence; they are upon unerring principles, and reduced from every day’s experience.”