Watson's Magazine, Vol. IV, No. 1, March, 1906Various
General
Watson's Magazine, Vol. IV, No. 1, March, 1906
Various
United States -- Politics and government -- Periodicals
When Henry had no money to pay the tax, some of the “patch” was sold.
With never failing regularity the assessment came, and with almost equal
regularity a piece of the “patch” was sold to a buyer of tax-titles.
Finally, one Sunday in the early spring, Henry drove down to his little
farm. It was the first visit since the fall. Here and there a swale
filled with the rain of early spring stood in his path. Now and then the
black mud of the rich prairie held his buggy fast, but finally, after
much time and trouble, he reached the farm, and there, plain before his
eyes, was a high, tight board fence which barred him out. His first
impulse was to go back and get a gang of men to tear down the fence; his
next was to hire a lawyer. After some search he found a lawyer that he
thought would do. The lawyer knew more about the case when it was done
than when he started bravely in. Of course, Henry had no money, else the
taxes would have been paid, so the lawyer took the case on shares and
agreed to pay the costs, and then they started in to get the “patch.”
No one familiar with the courts would expect me to tell the history of
this case. It is familiar to even the common lawyer who reads the State
reports. It was about the year 1880 that Henry’s lawyer filed the first
papers in the court. The lawyer was young and full of hope—full of the
hope that is the heritage of all the young; the hope that gives courage
to live and fight and endure in the vain belief that it all counts for
something; the hope that keeps alive while years and adversity, with
their deadening, staggering blows, teach that all strivings are equally
vain. But Henry’s lawyer was young. He had the money to commence the suit
and he thought that this would be enough. Both Henry and his lawyer could
see the fence fall down and the farm platted and sold and their money in
the bank, while Henry’s life was in the early autumn and the lawyer’s in
the first green of summer time. But the days and weeks and months and
years went by.
At first they lost the case, but they were not cast down. There were
other courts that were better because they were higher up, and besides
all this, the law provided that in a contest for real estate each side
had the right to try his case twice, and the right to go each time to the
highest court of the State. Had Henry’s life been at stake he could have
had but a single chance and no right to go to a higher court, unless the
judges graciously granted him permission, and then only on the showing
that he was innocent of the crime. But land is one thing and life is
another. And this is quite right, for the amount of land upon the earth
is fixed, while there is no limit to human life.
Public-domain text, read in full here on John Shaqi.
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