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American Agriculturist 
THE FARM PAPER THAT PRINTS THE FARM NEWS 
“Agriculture is the Most Healthful, Most Useful and Most Noble Employment of Man”— Washington 
Ree. U. S. Pat. Off. 
Established 1842 
i^j 
Volume 112 
For the Week Ending July 14, 1923 
Number 2 
u 
99 
Going To Law 
Humorous, But 'Worthwhile Advice Written Long Ago, Still Good To-day 
H appening into the office of a 
county judge recently to have sotne 
documents made out for the trans¬ 
fer of a piece of property, we over¬ 
heard part of the details of a case something 
like this: Two men, whom we recognized as 
poor day laborers, were having papers drawn 
up for carrying a suit to a higher court, 
where the expenses, which were to be se¬ 
cured in advance, would amount * ■ 
to about a hundred dollars. As 
near as we could learn, one of 
the parties had agreed to pur¬ 
chase a cow of the other, for 
thirty dollars, but before her. 
actual transfer she died. Each 
man had already expended about 
fifty dollars, in court and coun¬ 
sel fees, expenses of witnesses, 
etc., and now they were prepar¬ 
ing to continue the contest, at an 
expense equivalent to what they 
could earn in six months’ labor. 
This incident forcibly reminded 
us of a plaster cast we saw of¬ 
fered a few years since by one 
of the peripatetic venders of this 
kind of wares. Two sturdy yeo¬ 
men were represented as con- 
persons, and yield to their decision, would 
not quite satisfy the dignity, nay, the bellig¬ 
erent propensity of the parties. How few 
men, comparatively, there are, who have 
lived forty years without having “been in 
court” one or more times. And how few. are 
the instances where even the victorious 
party has not lost more than has been 
gained—in time, worry of mind, expenses— 
Human Nature Again 
T HE article and picture on this page were taken from an issue of 
American Agriculturist published in 1859—sixty-four years ago, 
and two years before the beginning of the great Civil War. The pic¬ 
ture is an exact reproduction of the old wood cut, but we have en¬ 
larged somewhat the size of the type in the article. The hand which 
wrote the article, probably that of the editor, has been dust these 
many years, but his humorous words of advice about “Going to Law” 
apply equally well to-day. 
The picture and article on road mending which we recently copied 
from an issue of American Agriculturist more than a half century 
old, aroused so much interest and comment that we are here passing 
on another one to you. Those who read these articles and laughed 
at the pictures when they were first printed, have ceased to worry 
about road mending, taking the law to their neighbor, or making 
a living. But -although the times have changed, we still struggle 
with the same problems, because the “human nature” with which 
the fathers contended is still rampant in the sons, constantly inter¬ 
fering with human progress and happiness.—The Editors. 
tending for the possession of a cow. A legal 
counsellor had been employed by one of the 
parties, who, dressed in the wig of olden 
style, was seated upon a pile of law-books, 
quietly drawing the milk (his fees) while the 
contest went on. The accompanying engrav¬ 
ing is an accurate sketch of the piece re¬ 
ferred to. The only fault we would find 
with the picture, is that the counsel of the 
other party should be shown 
upon the other side of the 
animal, drawing an equitable 
share of the milk—the two 
legal gentlemen on friendly 
terms of course. (We throw 
out this hint for the benefit 
of manufacturers of plaster 
casts, marble, terra-cotta, • 
etc. Any one carrying out 
the idea may send us the 
first perfect specimen with 
a bill therefore.) 
This picture admirably 
portrays the character of 
three-fourths of all the law¬ 
suits carried on in the coun¬ 
try. So long as the cow gives 
milk, it will be required for 
“expenses,” and when this 
fails, the worthless carcass 
of the animal may perhaps 
be obtained by the litigant 
who has the most physical 
endurance, each of them 
having in the meantime 
to say nothing of the trouble entailed upon 
others who have been drawn into the Conflict 
as witinesses, interested spectators, jurymen, 
etc. We have a vivid recollection of being 
called from pressing business to go fifteen 
miles to attend “county court,” and of wait¬ 
ing four whole days to give evidence as a 
witness, in a case of which we personally 
knew nothing; and to cap the climax, the 
which could bring the most persons on the 
stand as witnesses, and so with more than 
twenty other persons we danced attendance. 
The whole amount at issue was less than our 
individual loss of time in one of the days 
spent at court. We received in return one 
shilling (12 Yz cents!) in advance. (All the 
further satisfaction we shall ever get, will 
be the pleasure of sending a copy of the 
above picture to the party by 
-- - whom we were summoned “to 
be, and appear, etc.” We wish he 
could have had it long ago—-be¬ 
fore the occurrence alluded to.) 
We suggest that this picture 
be cut out and framed, and hung 
up in every household, and that 
whenever a disposition is felt to 
go into law with a neighbor the 
lesson it teaches, be first care¬ 
fully pondered. 
There is no doubt that most 
persons who would first sit down 
and count the cost of a suit at 
law, would be deterred from en¬ 
tering into litigation, but for a 
feeling of false dignity. “I would 
expend the last cent before I 
would allow him to trample on 
is the common expression. A 
if any of our readers are now, or hereafter, tempted to indulge in ‘law 
first give this picture a careful study. . . ” 
sacrificed the entire use of the cow, and, be¬ 
sides, time and strength enough to have ac¬ 
quired half a dozen better animals. 
With most men, the first impulse, on hay¬ 
ing a slight difference with a neighbor, is, 
to “go to, law about it.” To submit the case 
quietly to the arbitration of disinterested 
case was “adjourned over” three months, 
when two days more were consumed in 
waiting. Our protestations that we knew 
nothing of importance, and that all we did 
know was hearsay, amounted to nothing 
with those in eager fray. The idea seemed 
to be that that side would be the strongest 
my rights,’ 
story current in our boyhood will illustrate 
this. Two Dutchmen came into court about 
a dog that had been killed, and the following 
scene occurred: 
Judge (to the defendant)—“Did you kill 
the plaintiff’s dog?” 
Defendant —“To pe shure I kilt his tok, 
but he must prove it.” 
Judge (to plaintiff) — 
“How much was your dog 
worth?” 
Plaintiff —“To pe shure te 
tok was wort notting, but 
since he’esh been so mean 
ash to kilt him I shall com¬ 
pel him to pay te full value.” 
We recently heard of a 
case at the South, worth re¬ 
lating in illustration. A whip 
was borrowed, and on being 
returned, the lender de¬ 
clared that seven inches had 
been worn off from the end 
of the lash. High words en¬ 
sued, leading to a quarrel, 
which was carried into court, 
and from one court to 
another, with the usual de¬ 
lays, until the aggregate 
costs to the parties actually 
amounted to seven thousand 
dollars—a thousand dollars 
an inch for the worn lash, 
without reckoning time, 
the bad feelings engendered, 
instance a long legal contest 
let them 
trouble, and 
In another 
ensued, the original cause of which was a 
slight trespass by a calf. The case ended by 
a compromise, each party paying his own 
costs; the total amount of these had run 
(<Continued on page 25) 
