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The Green Bag
impulse came to the surface in many characteristic ways — in his courtly manner, in his rigid adherence to the rules of etiquette, in the exquisite lan guage of his oral arguments, and in the peculiar printing and arrangement of his paper-books in appellate courts. The late Justice Dean of the Supreme Court of Pennsylvania stated shortly before his death that Mr. Leaming's paper-books, in these particulars, out classed those of any other lawyer then practising in the state. Another learned member of that court recently awarded the highest praise to the arrangement, brevity and conciseness of his oral argu ments. I doubt whether any practising lawyer at the American bar surpassed Mr. Learning in the ability to state a proposition of law correctly in the small est possible number of words. His com mand of the English language and his power of clear and forcible expression were equaled by the logic of his reason ing and the soundness of the legal con clusions which he advanced in his argu ments. "In his professional progress he had reached a point where the future held great and certain things in store for him. He was continually adding to the list of important corporations which he represented. Had his life been prolonged no man stood a better chance of becom ing in time the leader of the Philadel phia bar." A QUESTION OF FEES THE decree printed below is vouched for as absolutely authentic by a member of the faculty of one of our bestknown law schools, who received it from the -county attorney of an adjoining county who transcribed it from the rec ord of the court. It comes to us with the suggestion that "it is worthy of a
place in the Green Bag's museum of legal curiosities." With this suggestion we heartily agree, and we present it with entire impartiality, expressing no opin ion as to whether the Attorney-General or the County Judge has the better moral right to the fees, the question of what the law ought to be obviously falling more naturally within the pur view of the profound legal theorists whowrite for the Harvard Law Re view: — In the County Court of Gosper County, Neb. Comes W. L. Reynolds, — and asks the Court to approve the bonds of the precinct assessors and turn them over to himself for safekeeping, and refers the Court to the opinion of the Attor ney-General of the State of Nebraska, and says this is the law of the State until reversed accord ing to law. And now this 3d day of January, 1912, after reading said opinion, and upon consideration whereof, I find that the said Attorney-General did not know what he was talking about — I find said opinion in conflict with common sense— and not the proper way to do business — if a bond is presented to this court — the bond will be filed and fully considered and if approved will be recorded and a certified copy furnished if required. Why should the legislature give every thing in the way of fees to one officer — Is one vault better than the other — Why should the County Assessors Bond be in the custody of the County Judge and not his assistants — We know the intention of the Legislature in regard to the County Assessors Bond because it is recorded in the same Statutes — the same reason may be applied to Precinct Assessors if not why not — After all the Bond of the Assessor is nothing but Tom foolery — who ever heard of the bondsman of an Assessor being held to account for the acts of the Assessor. It is therefore considered — adjudged and De creed that the opinion of the Attorney General of the State of Nebraska stating that the County Clerk should have the care and custody of the Bonds of the Precinct Assessors is unjust — un lawful and of no force and ought to be annulled and is hereby annulled and of no value in this court. Done under my hand and the Seal of the County Court, this 3rd day of January, 1912. C. G. LEWIS, County Judge. Recorded in Entry Record, Vol. 1 page 17.
