Frontier and pioneer life -- Oregon; Frontier and pioneer life -- Washington (State)
"It was a frequent saying of his that the principal difficulty
that he met with in the practice of the law was to get the
Court to see the law as it was; a difficulty that many of us,
no doubt, have thought at times obstructed our success; but
which, with that modesty and discretion so characteristic of
the profession, we have failed to voice.
"Mr. Hall was the acknowledged wit of the Bar of Western
Washington. I might give many instances of his ability as a
wit, but one must suffice.
"It was the last day of a term of Court at Port Townsend. My
practice was to read over the docket on the last day of Court
in the presence of the attorneys, so that I could correct on my
docket any omissions or mistakes. I was about to adjourn Court
when Mr. Hall said he desired to have a demurrer heard. I told
him to proceed. He made a brief yet clear and plausable
argument in favor of the demurrer. It involved a point of
statutory construction. When he had concluded, the opposing
counsel rose to reply. I told him that I did not desire to hear
him; that the point presented so ably by Mr. Hall was not new
to me; that my mind was against the construction contended for,
and that I would have to overrule the demurrer. Mr. Hall, who
had arisen to his feet, and who was manifestly a little
disappointed at the ruling of the Court, said that he would
like to have an exception. I said: 'The Court will grant you an
exception with pleasure; but,' I said, 'this very question has
been up before my Brother Greene and my Brother Lewis, and we
all agree in our views; now, you know that we three constitute
the Supreme Court, and, while I give you the exception with the
greatest pleasure, I fear you will not make much by it.' He
stood in a reflective attitude for a moment, then said: 'May it
please your Honor, I believe I will take the benefit of the
exception, anyhow, for the tenure of office is very uncertain
in this Territory.'
"I have heard the incident related with this sequel, that he
took the case to the Supreme Court, that the Judges mentioned
were all off the Bench, and the demurrer was sustained. I
cannot vouch for the correctness of this sequel, however.
"Now, Mr. President and brothers, I owe you an apology for
detaining you so long with this unsubstantial matter, this
unwritten poetry of the profession. I am inclined to believe,
however that the actual intellectual and moral tone of a given
period, as well as the social status, has no truer index than
its current anecdotes. Every new and formative community is
marked with distinctive individualities. In the onward sweep of
development and civilization, and in the largeness of
population, individuality becomes fused in the general mass,
and loses its salient characteristics."
Public-domain text, read in full here on John Shaqi.
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