In a new town which is brevetted a "city" as soon as there is more than
one house, the rumseller follows hard on the footsteps of the settler;
then comes the lawyer, who immediately runs as candidate for county
offices, foments grievances, and shows each man how he can get the
better of his neighbor. If there be a military post near by, the
officers are good game for him, they being pecuniarily responsible, and
obliged to obey the laws, which seem to be so construed as to enable a
sheriff to arrest a whole column of troops even if setting out on a
campaign. The lawyer's process of getting money out of the military
officers is easy and very simple. A practitioner secures a witness who
will depose to anything, perjury being looked on more as a joke than as
a crime, and so never punished. The action or suit may be for pretty
much anything; it was, in one case, for the alleged illegal detention of
an animal which the learned judge described as a "Rhone ox," further
stating that such detention was a "poenel" offence. But the unfortunate
officer who obeys the summons, however ridiculous may be the cause of
action, must employ one of the horde of lawyers to defend him, so that,
whichever way the suit may be decided, he at least is compelled to
contribute something to the support of the frontier _bar_. In the
Territories justice is enforced when the United States judge of the
district comes on his circuit, but there is no redress or compensation
for the worry and expense of litigation. If damages could be given
against the concocter of the conspiracy, it would be difficult to find
any property to satisfy the claim, and a hint of punishment would only
cause him to remove to some other place. The army officer on the
frontier has a soldier's dread of legal complications, and may be made
thoroughly unhappy by suits which in the East would only be laughed at.
A general idea of law is taught at West Point, but not more than one
third of the commissions are held by graduates of the Military Academy,
and these graduates find their general knowledge of law speedily growing
rusty, while it never included the minute details of the kind of suits
to which they are subjected by frontier pettifoggers. With fewer
opportunities than the business man at the East of knowing the nature of
court practice, they fall victims to any attorney who brazenly begins a
prosecution founded on his own familiarity with legal tricks and the
assumed wrongs of his client. Nothing, for example, is more common than
for ranches to be damaged and hay or grain burned through the
carelessness of emigrants, hunters, or other people who have camped near
by, and on breaking camp have left the camp-fire to take care of itself:
a wind springing up fans the embers into sparks, and these set fire to
the dry grass. Now, although troops on the march are by strict orders
compelled, on breaking camp, to extinguish their fires with water or by
Public-domain text, read in full here on John Shaqi.
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