The Humour of America: Selected, with an Introduction and Index of American Humorists
General
The Humour of America: Selected, with an Introduction and Index of American Humorists
American wit and humor
This was certainly a wretched state of things, and Mrs. Smith, to ease
her mind, began to abuse Mrs. Brown, whose stove had branded the
unfortunate little girl. She loudly insisted that the whole fault rested
with Mrs. Brown, and demanded to know if the latter could not be
punished. The young man, who was immensely learned in the law, thereupon
began a new argument. He told her that where there is a wrong there
must, in the nature of things, be a remedy. “Mrs. Brown, by means of her
stove, has done you a great wrong. In accordance with the maxim, _Qui
facit per alium facit per se_, Mrs. Brown, and not the stove, is the
party from whom you must demand redress. She has wickedly and
maliciously, and at the instigation of the devil, branded your child,
and thus rendered you liable for an infringement of the patent law. It
is my opinion, madam, that an action for assault and an action for libel
will both lie against Mrs. Brown, and ‘_semble_’ that there is also
ground for having her indicted for procurement of forgery.” Finally,
after much further argument, the young man advised her to apply to a
magistrate and procure the arrest and punishment of Mrs. Brown.
Accordingly, Mrs. Smith applied to the Mayor, who, after vainly trying
to comprehend the case, and to find out what was the precise crime
alleged against Mrs. Brown, compromised the matter by unofficially
asking the lady to appear before him. When both the ladies were in court
Mrs. Smith, prompted by the clerk, put her complaint in the shape of a
charge that Mrs. Brown had branded the youthful Smith girl. The latter
was then marked “Exhibit A,” and formally put in evidence, and both
complainant and defendant told their respective stories.
The result was that the court, in a very able and voluminous opinion,
decided that nobody was guilty of anything, but that, with a view of
avoiding the penalty of infringing the patent law, the mother must apply
to Congress for a special act declaring the child regularly and legally
patented.
If Congress finds time to attend to this important matter, little Miss
Smith will be the first girl ever patented in this country, and the
legal profession will watch with unflagging interest the law-suits to
which in future any infringement of the patent may lead.
_W. L. Alden._
------------------------------------------------------------------------
_A TALK ABOUT TEA._
[Illustration: “OUR LEARNED FRIEND, DR. BUSHWHACKER.”]
Public-domain text, read in full here on John Shaqi.
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