London (England) -- Description and travel; London (England) -- History -- 1800-1950
House of Lords, where Lords Watson, Blackburn, and Fitzgerald restored
the order of the Divisional Court in favour of the owners, with all the
costs they had incurred. Now, here was a case of breach of duty as
plain as it could be, yet it took four trials, the costs amounting to
about £4,000, to decide the question. This is but one of a hundred
similar cases which might be cited. With what wisdom can laws be framed
which can give rise to so many judicial contradictory decisions? And the
fault of this lies not with the judges, but with the legislators, whose
only wisdom seems to consist in surrounding plain matter-of-fact with a
network of sophistry, chicanery, and hair-splitting subtleties—a system
which is constantly regretted by the judges themselves, who are ever
ready to warn the public against indulgence in litigation, for English
judges, as a rule, are straightforward, honourable men, who are inclined
to take common-sense and impartial views, except when a political or
theological bias gives a twist to their judgment. Nor can it be left
out of our consideration that men educated in the legal schools of the
Inns of Court, and by teachers strongly impressed with the dignity and
importance of their pursuit, should adhere to it with cast-iron
rigidity, thus opposing, as much as possible, the introduction of new,
and in their estimation, revolutionary and destructive opinions. It is
due to this adherence to, and maintenance of, the principles of a
barbarous and an arbitrary regime that the judges still possess the
tremendous power of committing for contempt of court any person who may
make a remark displeasing to them, however innocently that remark may
have been made. Years ago I defended an action brought against me by a
tradesman for certain goods he alleged he had supplied me with. The
action was tried in a County Court. The plaintiff made his statement,
which introduced several particulars which were as new to me as they
were false. But my solicitor whom I had brought with me could not know
they were so. I turned towards the judge, and stated that I could prove
in two minutes that there was not a word of truth in the plaintiff’s
statements. But the judge turned quite savagely towards me, saying:
’You must not speak to me. You have your solicitor here.’
’But,’ I replied, ’my solicitor cannot know that these assertions are
false!’
’Be silent!’ thundered the judge. ’If you say another word I shall
commit you for contempt.’
Public-domain text, read in full here on John Shaqi.
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