London (England) -- Description and travel; London (England) -- History -- 1800-1950
He used a quill pen to take notes of what was said by the parties
contending before him, because that, being a natural production, could
not possibly tell lies, whereas a steel pen, as an artificial
contrivance, could not be depended on for veracity; wherefore, in all
law proceedings, even at the lowest police court, quill pens only could
be used, for the law on morality and public policy grounds strongly
objects to lies; it is itself so truthful! Of course, I believed all my
mother told me; children are so easy of belief if you only look serious
when you tell them crammers. But I know better now, and crowns no
longer represent to me sovereignty, nor wigs wisdom. Of another
delusion, too, I have been cured. When I was a young man I was told
that English law was the perfection of human wisdom. I believed this
then, for I was only a bigger child without experience. But when I
arrived at years of discretion—that is, when I began to observe and
reflect—I could come to no other conclusion than that the axiom of the
law’s wisdom was a delusion. There are many ways of proving this, but
one argument presents itself, which renders all further proofs
unnecessary. Can a code which comprises a number of laws, the
interpretation of whose import is liable to be declared by one judge to
mean ’Yes,’ whilst another as positively maintains it means ’No,’ be
called the perfection of human wisdom? The ever-growing frequency of
appeals alone is sufficient to show that the existing laws are ambiguous
in expression, and lend themselves to the idiosyncrasies of every
individual judge, which is very far from perfection. Laws should be as
precise in their definitions as mathematical formulæ. To substantiate
my reasoning, let me quote an actual case: Some twelve or thirteen years
ago, the captain of a cargo steamer belonging to a London firm, while
loading maize at Odessa, signed bills of lading which were ante-dated.
Between the false date and the real one, a few days after, of loading,
there was a considerable fall in the price of maize, and the consignees,
who were the sufferers by it, brought an action against the owners of
the steamer, they—the consignees—having discovered the ante-dating, and
recovered £437 damages, which the shipowners paid. On the captain’s
return to England, he made a claim of £190 for wages, which claim was
admitted by the firm, but they set up a counter-claim for the damages
they had had to pay to the consignees, through the captain’s negligence
and breach of duty in signing the ante-dated bills. The case went to
trial before Mr. Justice Field and a jury, and was decided in the
captain’s favour, both as to his wages and the counter-claim. The
owners appealed, and the Divisional Court, consisting of Grove, Denman,
and Wills, ordered the judgment to be set aside, and a new trial
granted. The Appeal Court ordered the original judgment in favour of
the captain to be restored. The owners then took the cause into the
Public-domain text, read in full here on John Shaqi.
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