The Quarterly of the Texas State Historical Association, Volume 3, July 1899 - April, 1900

Book Reviews and Notices.

ters, so far as I have examined, provided for a land grant. The
constitution had been changed to -authorize such grants. The
policy suspended for a while and thus entered into again was con-
tinued until, within less than a decade, the public domain was ab-
sorbed. But a great school fund had been provided and some thou-
sands of miles of railroad had been added to the wealth-producing
agencies of the State. R. L. BATTs.
Batts' Annotated Revised Civil Statutes of Texas. IBy R. L.
Batts, Professor of Law, University of Texas. Vol. II. Austin,
Texas: Eugene Von Boeckmann Publishing Company.
The younger generation of lawyers have heard from Nestors of the
bar of the times when a district judge would convene his court in
the shade of an oak tree, the sheriff tie his prisoner to a sapling, and
the best equipped practitioner pull copies of Blackstone, the con-
stitution and the acts of the legislature from one side of a pair of
saddle bags balanced on the other with a black bottle and plug of
tobacco; those were days when there was little written law and few
reported cases in Texas, when a man's hat covered his library, and
men like Heinphill, Moore and Roberts decided cases on broad gen-
eral principles, establishing instead of following precedents. Those
times encouraged, and in fact demanded, original thought and pro-
duced great lawyers and judges, and it could well be said of many
a one that. he carried the law of the land in his head.
Whatever -may be said of the advantages or disadvantages of the
new order as compared with the old, there can be no question as to
the temerity of the modern Texas lawyer who ventures into an in-
tricate damage suit relying solely on the general proposition that a
man "must so use his own as not to injure the rights of others,"
or embarks on the shoreless sea of equity with "a man must come
into court with clean hands" as his only chart.
On the presentation of a given state of facts for his consideration
a lawyer's mind naturally turns to some general proposition of law
which seems decisive of the controversy, but before he can advise or
,act in the premises he must see if the general rule has been varied
by statute law and to what extent it has been limited or explained
by the decisions of our numerous appellate courts; the man who
enables the lawyer to do this with the greatest ease and accuracy is
a benefactor to the profession.

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Texas State Historical Association. The Quarterly of the Texas State Historical Association, Volume 3, July 1899 - April, 1900. Austin, Texas. The Portal to Texas History. http://texashistory.unt.edu/ark:/67531/metapth101015/. Accessed July 13, 2014.