USA > Minnesota > Faribault County > The history of Faribault County, Minnesota : from its first settlement to the close of the year 1879 : the story of the pioneers > Part 35
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The lawyers' work is quite different in many respects from that of other professions or occupations, in the fact that any opinion he
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gives, or every move he makes, is the subject of inspection and perhaps opposition. He therefore must always be well grounded and always ready. The doctor may doctor and the preacher may preach, for years, making perhaps many mistakes, and no fault may be found with them, but the lawyer must face inquiry and oppo- sition at once and constantly in his business, and his errors or weaknesses are taken advantage of by his opponent.
A great deal more is expected of lawyers in America, than per- haps in any other country. In most countries lawyers devote their time to only one title, or branch of the law, or practice only in cer- tain kinds of courts, as the Law Courts, the Chancery Courts, the Criminal Courts, the Admiralty Courts.
In England, for example, the profession is divided into attor- neys, solicitors, common law lawyers, proctors, counsellors, and perhaps some other designations, but in America a lawyer is ex- pected to be proficient in all the titles and departments of the law, and to practice in any or all of the courts.
When Judah P. Benjamin, after the fall of the confederacy, went to England to engage in the practice of the law, he was asked by an English lawyer, in what division, or department of the law and courts he intended to practice, and greatly surprised the in- quirer, when he answered, in any of the courts where his services should be desired, and he did, and that with great success. In the larger cities of this country there are, however, lawyers who devote their time to practice in some particular courts, or branch of the law. Daniel Webster once said of eminent American lawyers, that "they work hard, live well, and die poor."
And now another phase of the subject. It must be admitted that the profession has in some localities, perhaps in many to some extent, fallen into considerable disrepute, as above intimated.
This is not because of the real character of the legal profession itself, but because of the incompetent and dishonest persons who have gotten into it, and their evil practices, as has already been sug- gested. But a further word needs to be said. It is charged against the profession, that what was once known as legal ethics and honor, are largely unknown at this day.
It is said that legal ethics taught that it was dishonorable for a lawyer to take contingent fees-that a lawyer who had heard a case in the capacity of a court, and rendered a decision therein, should not, on appeal to a higher court, act as the attorney of either party --- that a lawyer should not hear a case, as a Judge, in which he had at any time been an attorney, even if no objection is made, or even if consent of parties is given-that an attorney engaged in a case, should not counsel or conspire with the attorney of the other side-that a Judge should not give counsel to either party, or instruct
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or hear one party, or his attorney, as to the merits of a case in the absence of the party and his attorney on the other side -- that an attorney who has given an opinion or is employed on one side of a case, should not hear, or be employed on the other side at any time -- that no attorney should be guilty of barratry, maintenance, or champerty, whether the law permits either of them, or not.
Yet it is claimed that these things are done, quite commonly. It is also alleged, that it is a violation of legal ethics and honor for a lawyer. in the employment of a corporation, company, or individ- ual, to permit himself to be elected to a state legislature, or con- gress, for the purpose of promoting, or protecting the interests of his employer, thus ignoring his oath and dishonoring his office of a legislator, and instead of representing the people- his constituents, represents a client for pay, so far, at least, as his client's interests are involved, and whatever the interests of his constituents may be. And this, it is alleged in many places, is getting to be quite common in both our state and national legislatures. And it is doubtless true, that in congress and in many state legislatures, attorneys of great corporations and moneyed interests appear as members.
It is said also, that there is a class of lawyers who dishonor the profession by living on, what may be termed, legal garbage, carrion -those who take doubtful personal injury suits, on speculation, or contingent fees-those who rummage the records of courts and titles, for the purpose of taking advantage of people's errors or oversights, to rob them of their property, or to extort money from them-those who institute suits without merit, for the purpose of getting fees, or making something by compromise-those who insti- tute, or threaten to institute suits for the purpose of levying black- mail-those who hang about saloons and police courts and police officers, for the purpose of getting business, and finally, those who can be hired to do any kind of dirty work which no honorable man would do for himself.
Undoubtedly there are such lawyers, and they are generally known in the profession, and at large, as pettifoggers, shysters. scalpers, razorbacks and sharks, and often end their career in the perpetration of crimes. These fellows are usually practitioners of very large pretentions, and they constitute the class of lawyers who bring odium upon the profession. A community where many of them, or any of them, in fact, are to be found, is to be pitied. What produces them? Want of capacity sufficient to warrant success in honorable practice or want of moral principle, profligate or evil lives, by which they forfeit the contideuce of the public, are usually the causes. The lawyer who has reached the sage conclusion that it is better for his business, as a lawyer, to have the reputation of being a shrewd knave, rather than that of being an honorable man,
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has traveled a long ways on the road to failure and the devil. Many young men are placed in the professions who are not, by their nat- ural talents or tastes fitted for them, or for the one they enter.
The question of a young man's adaptability, his natural capacity and taste for an occupation, is a serious one and should be well con- sidered before he enters upon it. It is a bad thing to spoil a good farmer, mechanic or merchant, to make a poor lawyer, doctor or preacher. There are thousands of men in the legal profession who have no natural adaptation for it, and sooner or later fail as lawyers and drift into clerkships and small agency business, all very well in themselves, and useful, but they are not-the practice of the law, technically speaking.
The great remedy for the evils above referred to, is the exer- cise of more care in entering young men on the study of the law, the requirement of a much higher standard of qualifica- tions, that is, more thorough and extended learning, better instruc- tion as to the morals and dignity and honor of the profession, and the requirement of passing, satisfactorily, a more rigid examina- tion before admission to the bar.
Our great law schools, the American Bar Association, and the various State Bar Associations, are doing much toward elevating the standards of the legal profession.
The relevancy of the preceding remarks on the subject of the legal profession, to our history. will become more apparent when we reach the closing year of this history, in which will be found some observations relating to the Bar of this county.
LEGISLATION.
The fourteenth State Legislature assembled January 2d, and adjourned March 1st.
The legislation of this year, relating to this county, was:
1st. An act to incorporate the village of Blue Earth City.
2d. An act to authorize townships, cities and incorporated vil- lages, in Faribault county to vote a five per cent tax to aid in the construction of railroads.
3d. An act amending an act entitled an act to authorize the Minnesota Valley Railroad Company to construct a branch line from Mankato, or some point near thereto, to the south line of Faribault county.
4th. An act to authorize the Southern Minnesota Railroad Com- pany to construct and operate a branch from some suitable point, on its main line, in Faribault county, by way of Blue Earth City, to the Iowa State line.
5th. An act to authorize the Winona and St. Peter Railroad Company, its successors or assigns, to construct a branch road from
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Waseca, in Waseca county, via Blue Earth City, in Faribault county. to the Iowa State line, and for other purposes.
6th. An act, approved March 1st, to change the name of the town of Guthrie, in Faribault county, to Delavan.
7th. A memorial to congress for a mail route from Blue Earth City to Banks, in Faribault county.
8th. An act dividing the State into three congressional districts, by which this county was placed in the first district.
The following acts were somewhat remotely related to this county :
9th. An act to authorize the Minneapolis and St. Louis Rail- way Company to build branch lines from Minneapolis, and other points, to the south line of the State.
10th. An act to enable the cities, towns and villages in the counties of Sibley, Nicollet and Blue Earth to aid in the construc- tion of a railroad from Carver, in Carver county, by way of Hender- son. St. Peter and Mankato, to the State line of Iowa.
1Ith. An act to change the names of certain persons residing in Faribault county.
12th. An act appropriating sixteen hundred dollars, to re-im- burse Floyd Smith, of Faribault county, for expenses and damages arising from an arrest, upon the requisition of the governor of Wis- consin. A joint resolution was also adopted, asking the State of Wisconsin to indemnify the State of Minnesota for moneys appro- priated for the above purpose.
The facts of this case, briefly stated, are as follows: On the fifth day of January, 1871, a requisition was issued by the governor of Wisconsin, upon the governor of Minnesota, for the arrest and extradition of Floyd Smith, of this county, upon the charge of steal- ing a horse from one Clemens, of Oconomowoc, Wisconsin, in De- cember. 1869. Smith was arrested and conveyed to Wisconsin for trial, and was indicted, tried and convicted of the alleged offense, by reason of false or mistaken evidence produced against him by the prosecution, and was sentenced to the Wisconsin State Prison for two years, and was taken there and confined as a common felon for several weeks, when an application was made to the governor of Wisconsin, for the pardon of said Smith, who ordered au investiga- tion into the merits of the case. The investigation resulted in prov- ing conclusively, and beyond all doubt, that Smith was innocent of the offense charged, or of any offense, or color of criminality in the premises, and was immediately and unconditionally pardoned.
The arrest, trial and other proceedings in the matter. resulted in a loss to Smith, of about three thousand dollars, and left him with no property, and involved in debt to the extent of several hundred dollars, and with the support of a large family to provide for.
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A great state or nation, can do no nobler act, or attest its dig- nity and nobility, in no better manner, than in the defense of its humblest citizen from injustice, or the abuse of his rights and liber- ties, by the authority, mistakenly exercised, or otherwise, of any other state or nation. And this act was not only creditable to the State, but was alike honorable to the many private citizens who assisted in the work of righting the wrongs of their neighbor.
The members of the legislature for this county for this year were E. H. Hutchins in the Senate, and S. P. Child and Henry M. Huntington in the House. Thomas George, of this county, was ser- geant-at-arms of the House.
The State of Wisconsin, did, subsequently re-imburse the State of Minnesota, for all its expenditures in this case.
THE ADVERTISER.
The Winnebago City Advertiser appeared February 29th, taking the place of the Press.
The editor, E. A. Hotchkiss, Esq., says: "We own the Advertiser
office-do not owe one cent on it. % *
* If you wish to subscribe, please enclose one dollar to the editor. If you have no dollar, send us the names of four subscribers with four dollars and you will receive a free copy. If you do not like the paper and do not want it, at any rate. return a single copy to this office." * * *
"It is one thing to be born great, another thing to have great- ness thrust upon you, and three times as much, to be obliged to shoulder a printing office against your will."
Several months afterwards, Mr. A. A. Huntington purchased the Advertiser office, and the paper came out, under the former name of the Winnebago City Press, Mr. Huntington being editor and pro- prietor.
WIND AND WEATHER.
A great snow storm occurred on Monday night, February 12th, and continued through Tuesday and Tuesday night. The wind blew a hurricane, the air was filled with snow, and the cold was intense. Quite a number of people and some stock were frozen to death in counties west and northwest of this.
The spring was very late. Some little wheat was sown the last days of March and the first days of April. A great storm of wind and snow prevailed over the country on the 14th and 15th days of April. Then came frequent heavy rains, owing to all of which the greater part of the wheat was not sown until the last week in April and first week of May, and much of the oats was sown after the fifteenth of May, and but little corn was planted until after the seventeenth of May. Low grounds were very mirey. About the middle of May, the
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roads were almost impassable and the streams were very high. As a consequence, farmers were much discouraged and fears were enter- tained of a wet summer.
PRICES-MONEY.
Prices in the spring averaged as follows: Wheat, $1.00; oats, 25 cents; potatoes, 25 cents per bushel, and flour $3.50 per hundred. In May wheat went up to $1.33 at Delavan. Money, during the spring and summer, was very scarce, and although wheat brought a fair price, there was but little surplus for sale, until after harvest. Notwithstanding the hard times, however, the people did not bor- row so much money, at high rates of interest, as in former years, which was certainly a good symptom. Indeed, there were already premonitions of financial troubles near at hand.
DRIFTWOOD.
( From Post, Blue Earth City.)
-February 24th. A. Holliday of this place, hascommenced the orection of a (water power) grist mill on the Blue Earth river.
-The instruments have been ordered for a brass band (costing $212.00.) (This was the urst band at Blue Earth City.)
-An extensive revival of religion is in progress at Rice Lake (Foster town- ship) in this county, almost the whole community taking part.
-March 3d. The first geese passed north on Monday and the weather-wise are, therefore, predicting an early spring.
-There is more merit in the proposition to build a railroad from Waseca to Blue Earth City, than many would suppose, without some examination.
-March 9th. Col. Thompson's cheese factory at Wells, will commence oper- ations on April 10th. (This was the first cheese factory in the county, and one of the best in the United States.)
-March 16th. The Republicans at Wells have formed a thorough organi- zation for the promulgation of correct political principles.
-A local clergyman, in presenting a subscription paper to an "outsider" the other day, remarked that it was a matter of economy to belong to some church, for, said he. "You outsiders are like apple trees along the road, every- body takes a 'bang' at you."
GOOD-FRIDAY.
"Well may the cavern depths of earth Be shaken, and her mountains nod; Well may the shected dead come forth To gaze upon a suffering God."- Whittier.
Good-Friday is a legal holiday in many of the states. It has always been observed by a portion of our citizens, but not so gen- erally as it should be.
The day is a fast-day in the church calendar, and is kept in com- memoration of that awful event, the crucifiction of Jesus, the Christ.
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The day has been observed from the very earliest ages of the Chris- tian Church.
Because of the great good, even our salvation which we derive from the death of Jesus, our Saviour, the day is called Good Friday.
Salvation! Oh most glorious hope! A hope, a faith indeed, which, if blotted out to-day, would fill the world with despair!
The crucifiction took place on the day before the Jewish Pass- over, and the Passover comes, annually, on the Jewish Sabbath (Saturday), after the full moon, which falls on, or next after, the twenty-first day of March.
It is said by historians, that the death, by crucifiction, was one of the great punishments inflicted by Roman law in that age, and was lingering and exceedingly painful, and was only inflicted upon slaves aud the greatest criminals. It was ever deemed a death of great shame and dishonor.
After a trial, which was a most gross travesty upon all sense of justice and right, Mark says (Chap. XV), "Christ was mocked, scourged, smitten, spit upon and crowned with thorns." He was numbered with the transgressors. He was sentenced at six o'clock in the morning.
"I saw Him
In the Judgment Hall, before the haughty Pilate; He-the God-Man-arraigned before The changing justice of a human bar!"-Z. C.
Here is a copy of what is alleged to be the sentence of death, against our Saviour. Something which but few people of this age have ever seen, and this is the most remarkable judicial sentence which has ever been pronounced in the world. It is word for word as follows:
"Sentence pronounced by Pontius Pilate, Intendent of the Lower Province "of Galilee, that Jesus of Nazareth, shall suffer death by the Cross.
"In the Seventh year of the reign of the Emperor Tiberius, and on the 24th "day of the month of March, in the most holy city of Jerusalem, during the "Pontificate of Annas and Caiaphas.
"Pontius Pilate, Intendent of the Province of Lower Galilee, sitting in "judgment on the presidential seat of the Prætors, sentences Jesus of Nazareth "to death on the Cross, between two robbers.
"As the numerous and notorious testimonials of the people prove :--
"1. Jesus is a misleader.
"2. He has excited the people to sedition.
"3. He is an enemy of the law.
"4. He called himself the Son of God.
"5. He calls himself, falsely, the King of Israel.
"6. He went into the temple, followed by a multitude carrying palms in "their hands.
"Jesus to be taken out of Jerusalem, through the gates of Tournes."
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"The witnesses who have signed to the execution of Jesus are:
"1. Daniel Robani, Pharisee.
42. John Zorababel.
"3. Raphael Robani.
"4. Capet. (See note below.)
He was led to Mount Calvary, where He was crucified at the third hour, (nine o'clock a. m.), and Matthew says, He died about the ninth hour, (three o'clock p. m. ). He was taken down from the cross and entombed at six o'clock in the evening.
"At Calvary, I saw Him crucified; The bleeding side-the wounded head- The pierced hands and feet-that did atone, For human sin-the Holy Lamb of God, That took away the sins of the whole world!
Ah! then I saw in Ilim, the Promised Ilope
Of Israel, of whom the prophets wrote-
He who should save His people from their sins!
Then the shut doors of my stout heart gave way, And I believed and trusted as a child!"-Z. C.
Such was the cruel death of Him who "died for the ungodly" and in "His own self bear our sins in His own body on the tree;" He. who. in that hour of inconceivable agony and death, could pray in behalf of His murderers, -"Father, forgive them, they know not what they do."
It is written that from the sixth hour (noon), to the ninth (three o'clock, p. m. ), the hour of Christ's death-there was darkness over the whole land, and that at the moment of His death the earth quaked, the rocks were rent, and the vail of the Jewish temple was rent in twain from top to bottom.
"It is finished," He exclaimed. "The work He came to do in the flesh, His humiliation and suffering; the life He came to live, mani- festing the power and love of the Father; the fulfillment of all the types and prophecies concerning Ilim; the death He came to die, and the redemption He came to accomplish, so far as His Messianic office as the Son of Man was concerned, were finished."
No other death has ever been recorded in the annals of time of such awful incidents and profound import as this, and now even after the lapse of nearly nineteen hundred years, wherever the story of the cross is read or told, it strikes and thrills the deepest chords of the human heart and understanding.
That the anniversary of this great and solemn day should be remembered and be observed by all Christian people, everywhere. by the most solemn religious services and by refraining from busi- ness, is evidently proper, and as a matter of fact it may happily be stated that the observance of the day is becoming more and more general, with the passing years, especially in the cities.
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NOTE-The sentence above quoted is engraved on a plate of brass in the Hebrew language, and on its sides are the following words: "A similar plate has been sent to each tribe." It was discovered in the year 1280, in the city of Aquilla, in the Kingdom of Naples, by a search made for Roman antiquities, and it remained there until it was found by the Commission of Arts in the French army in Italy. Up to the time of the campaign in Southern Italy it was preserved in the sacristy of the Carthusians, near Naples, where it was kept in a box of ebony. Since then the relic has been kept in the chapel of Caert. The Carthusians obtained the privilege, by their petitions, that the plate might be kept by them, which was an acknowledgment of the sacrifice they made for the French army. The French translation was made literally by the members of the Commission of Arts. Denon had a facsimile of the plate engraved, which was bought by Lord Howard, on the sale of his cabinet, for 2,890 francs. There seems to be no historical doubt as to the authenticity of this plate. The reasons of the sentence correspond exactly with those of the Gospel.
EASTER.
Easter being a day of particular and general observance, an- nually, by a large portion of the people of this county, as it is throughout Christendom, and occurring so soon after Good Friday, a legal holiday, may be referred to briefly here.
The English word Easter is probably derived from the Saxon word "Osten," which means "rising." The word Easter occurs once in the authorized version of the New Testament, Acts, 12th chapter and 4th verse, where it is used for the word Passover, but in the new version, the word Passover is used at this place.
As to the time of celebrating Easter, much dispute existed in the early church, but the matter was finally settled by the great council of Nice, held in the year 325. As then determined, it comes on the first Sunday after the full moon, which happens upon or next after March 21st, and if the full moon happened on a Sunday, Easter day is the Sunday after. It cannot fall earlier than March 22'd, nor later than April 25th.
Easter is a feast day in the church calendar, and is usually accounted one of the leading events of the Christian year, the great- est in fact-and it has from the earliest ages of the church been designated as "the Queen of Festivals."
"O day of days! Shall hearts set free No 'minstrel rapture' find for thee? Thou art the Sun of other days, They shine by giving back thy rays."-Keble.
This great feast is kept in remembrance of our Lord's resurrec- tion from the dead, and has been observed in the church from the days of the Apostles down through all the Christian centuries, to our own time.
Easter is the Christian Passover, and may be considered the continuance under the new dispensation, of the ancient Jewish
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feast And its observance seems to be of universal obligation, as it is written. "Christ, our Passover, is sacrificed for us; therefore let us keep the feast." 1 Cor. v: 7 8.
"In the light of the Lord's resurrection, His people should conquerors be; In the battle with evil triumphant From the terror of death ever free. We shall sleep in the dust and the darkness, We shall waken and sing to His name Who will bring us to Ife everlasting, By the path, that a victor, He came." -Sangster. Easter may now be called a universal festival, and in its con- tinuous celebration from the days of the Apostles, bears unimpeach- able testimony to the great fact of the resurrection, which is the great fact of the gospel on which all depends for, saith Paul, "If Christ be not risen, then is our preaching vain. and your faith is also vain." 1 Cor. xv: 14. And accordingly, we find that no fact of sacred or profane history, is better attested, few so well, as that of the resurrection from the dead, of Jesus, the Christ.
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