284 
AMERICAN AGRICULTURIST. 
How to Avoid Litigation. 
BY H. A. HAIGH. 
Many may have heard how a celebrated 
English barrister, on being approached by 
two farmers, each having a petty grievance 
against the other, and each soliciting the bar¬ 
rister’s services in a proposed lawsuit, locked 
both up in his office closet, and declined to 
let them out until they had themselves set¬ 
tled their differences. The spirit of his ad¬ 
vice was unquestionably good, though the 
method of administering it may have been 
rather arbitrary. Farmers, perhaps more 
than any other class of men, “go to law” 
because of some spite or personal enmity 
over a wrong which is often largely imag¬ 
inary, and for which they are equally to 
blame. Unfortunately they do not always 
fall in with that type of lawyer of which 
the old barrister above referred to was a 
sturdy example. Differences arise, it may 
be honestly, which a few dollars would set¬ 
tle at the outset, or a little charity would 
forever forgive. Unscrupulous attorneys 
may enlarge their importance by discerning 
great principles in them; the ill-will engen¬ 
dered becomes hatred, and the hatred may 
become revenge; thousands of dollars are 
squandered to prolong the differences, and 
make the other side expense; farms are mort¬ 
gaged to do this; and when they are finally 
settled, most of them—like the great case of 
“ Jaudyce and Jandyce”—are found after all 
to have nothing in them. 
The writer recently listened to the hearing 
of a cause before the Supreme Court of a 
great Commonwealth, at which four talented 
and well-paid lawyers argued before as many 
learned judges, for the better part of a day, 
over a matter involving but seven dollars. 
The parties to this very foolish controversy 
were both farmers. Another case which the 
writer had occasion to watch for many years 
as it dragged its costly length along through 
several trials, might have been amicably set¬ 
tled for a tenth of the expense that it occa¬ 
sioned by way of costs and lawyers’ fees, but 
it was forced to continue until a great estate 
had been practically used up. 
There is, of course, in many cases, a laud¬ 
able heroism in fighting for principle, and 
this heroism is an invaluable race character¬ 
istic among Anglo Saxons. But it is safe to 
say that, generally, a cause which has only 
principle, and no prospective pecuniary 
profit in it, may as well be abandoned. The 
successful business man usually subjects his 
legal transactions to the same test that he 
does his other operations, and those which 
will not pay he drops. This is in most cases 
a safe test to apply. It will invariably throw 
out all those which are founded in bigotry, 
ignorance, and spite. 
To avoid litigation, then, let the farmer 
look upon a lawsuit in a fair business way, 
as a means to an end; and let him not under¬ 
take the one unless the other will justify it, 
not only in principle and morals, but in 
money. So, too, if the farmer is sued, let 
him fairly consider whether it will be 
cheaper to pay the claim or fight it, and in 
most cases he will do well to follow the 
cheaper course. If he finds the opposite 
party is acting in good faith, with no intent 
of extorting, and in honest belief that the de¬ 
mand is just, he will do well to endeavor to 
settle amicably. And in this effort his law¬ 
yer will be of perhaps most valuable service, 
and should be well paid. Many persons 
seem to suppose that if a case is settled be¬ 
fore trial, or if a claim is adjusted without 
suit, that the lawyer has done no really legal 
work, and is entitled to little or no compen¬ 
sation. This is the very opposite of truth. 
The lawyer’s best work is in preventing and 
avoiding litigation, just as the doctor’s most 
valuable service should be in preventing dis¬ 
ease, and such work should be best appre¬ 
ciated in a substantial way. A good lawyer’s 
best clients seldom get into the courts. 
Another precaution to avoid litigation is to 
consult an honest and competent attorney 
before taking any step in law, and to be 
guided by his unbiased advice. It is possible 
in almost every community to find honest 
lawyers who would no sooner advise their 
clients into disastrous litigation for the sake 
of possible personal gain, than would honest 
doctors give poison to their patients for the 
sake of prolonging sickness and increasing 
fees; for either is equally criminal. Such a 
lawyer need not, necessarily, be one of very 
long and high standing, whose time and ser¬ 
vices, by reason of the demand upon them, 
have become costly. But there are generally 
younger men in a community who have early 
learned that- satisfying professional success 
can only be achieved by honest and unselfish 
endeavor for their client’s best interests, and 
who are quietly acting upon that convic¬ 
tion, by second nature if not by first. 
Try not to have any differences. Such as 
you have try to settle yourselves. Such as 
you thus fail in, have your lawyers try to set¬ 
tle. Never go to law to gratify anger or 
pride, or for any dishonest motive. When 
you do go to law treat the matter as a busi¬ 
ness transaction. 
Prepotency of Galloway Cattle. 
One of the most powerful instances of pre¬ 
potency took place nearly three years ago 
in the south of Scotland. A Black Polled 
Galloway bull was crossed on two West High¬ 
land (Kyloe) heifers. This latter breed has 
long horns, and are usually of a red color, 
with a rare exception now and then of dun, 
but never black. The produce of the above 
cross was two heifer calves, hornless, and a 
pure jet black. When they were about six¬ 
teen months old, half-a-dozen of the most ex¬ 
perienced breeders of Galloway were asked to 
look over a lot of twenty pure Galloway heif¬ 
ers of the same age as these two cross-bred, 
all grazing together, and point them out. In 
endeavoring to do this, they invariably se¬ 
lected the pure instead of the cross-bred, 
which was certainly surprising. 
In the London market, we have repeatedly 
seen fat bullocks, exactly like Galloways, ex¬ 
cept occasionally one would show an inch or 
two of horn, hanging to the forehead by a 
short ligament. To our surprise, we were 
told these bullocks were a cross from a pure 
Shorthorn bull on full-blood Galloway cows. 
The Black Polled Angus, or Aberdeen 
cows, in Scotland, have received a cross now 
and then from Shorthorn bulls, and this pro¬ 
duce crossed back by Angus bulls, and in¬ 
corporated in all the herds, leaving no trace 
in their appearance of the Shorthorn blood, 
but much improving the Angus produce in 
form, earlier maturity, and increased size, 
without deteriorating the quality of the beef. 
The Black Polled bulls which have been im- 
[ J UNE, 
ported from Scotland for the past ten years, 
taken to the Western plains, and crossed on 
the long-horned Texas cows, have almost in¬ 
variably got calves of their own form and 
color. These have generally grown up with¬ 
out horns, or showing small stubs, or 
“ sours,” as they are called. Steers of this 
produce mature a year or more earlier than 
the Texan, fatten quicker, turn out a better 
quality of beef, and are of larger size. They 
are transported to the Eastern States, and 
across the Atlantic, at a lower rate of freight 
than homed steers, much safer, and with no 
injury to their hides, as happens with the 
latter so ofter. goring each other in confine¬ 
ment. No wonder that the breed is becom¬ 
ing highly popular among ranchmen, and 
that they are endeavoring to increase them 
now as rapidly as possible. B. T. 
Shade and Change of Pasture for Sheep. 
The tenth census (1880) gives 42,192,074 as 
the number of sheep in the United States, 
exclusive of spring lambs, yielding an ag¬ 
gregate of 240,681,751 pounds of wool. Ohio 
leads with nearly five millions, and Califor¬ 
nia stands second, having over four million 
sheep. Texas is third with about two and a. 
half millions: Michigan ranks fourth, closely 
followed in their order by New Mexico, Penn¬ 
sylvania, New York, Missouri, Wisconsin, 
Indiana, Oregon, Illinois, and Kentucky; all 
of which have over a million head of sheep. 
The vastness and importance of the sheep 
industry is indicated by the above figures. 
On the opposite page our artist gives two 
pleasing scenes in sheep husbandry. A few 
spreading trees in a pasture add to the- 
beauty of the field, and furnish a shade that 
is most acceptable to the flock on a hot sum¬ 
mer day. After feeding through the long 
morning, the sheep may gather in the cool 
shade to rest and ruminate, until the scorch¬ 
ing rays of noon-time are replaced by the less 
intense ones of early evening. The stream 
'of pure water near by adds one of the most 
essential elements in a well-equipped pasture. 
Contrast the view of this shady brook with 
that of newly-sheared sheep huddled to¬ 
gether in a bare field, trying in vain to shield 
each other from the scorching sun, and with¬ 
out a drop of water within their reach ! 
Sheep thrive best with a change of pasture.. 
If there are two fields devoted to the flock, it 
is best to let the stock feed alternately upon 
them, thus giving fresh cropping all the 
time. The lower picture shows how anxious- 
the sheep are for this change as they rush 
through the open gate, with the kind keeper 
close by their sides. In a few days the flock 
will be as willing to go in the opposite direc¬ 
tion, to find the old pasture renewed, and the 
trees by the brook-side still yielding refresh¬ 
ing shade. All live stock like a change of 
diet, but none appreciate it more than the 
close-feeding sheep. 
If the work of the draftsman and engraver 
have the useful effect of encouraging a taste 
for shady pastures, and a change of feeding 
ground, their labor will be well spent. Aside 
from the question of humanity, in itself suf¬ 
ficiently important to induce us to provide 
change, shade, and water for the flock, that 
of profit is concerned. Animals will not 
thrive under conditions which their owners 
find almost intolerable. It well pays to 
make the live stock of the farm comfortable.. 
