A BILL IN EQUITY

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A BILL IN EQUITY BY DONALD RICHBERG properly grateful for the toastmaster's kindly introduction, I must confess myself also slightly disappointed. I had hoped that he, perceiving the melan choly aroused by the prospect of " youth's sweet scented manuscript," devoted to a most ponderous text, would attempt to lighten the anticipatory gloom by men tioning my prospective authorship of several valuable legal works, including a monograph on " Direct Appeal to the Supreme Court in Cases Involving a Contingent Fee," a subject of keen interest to all young lawyers, a treatise on " How to Come into Equity with Clean Hands — in Chicago," and a comprehensive study of courtcalendars, entitled " The Need for Restraints on Passed Cases under the Rule against Perpe tuities." He might have referred also to my recent reappointment by the Governor for a second term in that non-lucrative but highly honorable office of notary public. Such tactful references by the Chair, fore arming me with an established reputation, would have relieved me of the necessity of discussing my subject at all, whereat your gratitude would have been exceeded only by mine. Of course it -is a serious subject, but I have noted a recent tendency towards postprandial discussion of most weighty affairs — as for example that ban quet which was gladdened with the intoxi cating treat of hearing Indiana's favorite Beveridge recite " Crossing the Bar." The occasion, by the way, was commemorated musically in that popular ditty entitled "The Tale of a Cocktail on the Fairbanks of the Wabash far away." Emboldened therefore by precedents, which gradually take the place of vertebra? in the spine of a lawyer, I shall endeavor to speak to you tonight with all the nervous solemnity of the valedictorian. For the benefit of the ladies present,

perhaps I had best venture at the outset to define my subject, which may also serve to save their respective escorts the embar rassment of similar attempts. A bill in equity is a petition presented to a court, wherein it is urged that the petitioner is a good and noble man who would not harm a vagrant kitten but dearly loves his fellowmen and has always tried to live within the law of the land; that" unfortunately he is in a situation where the defendants, who are persons very little above the level of pickpockets and porch-climbers, have an advantage of him, which, sad to relate, the strict letter of the law upholds; that, however, right and justice, as distinguished from law, which is merely a rule of conduct, are on his side; wherefore he asks the aid of a Court of Equity, where the chancellor has the reputation of being short on law but long on justice. One of the most pleasing and accommodat ing features of a bill in equity is service by publication, whereby it is possible to settle the rights of any number of persons in one suit without their knowledge, whereby they are saved the expense of employing lawyers, who, as a matter of professional etiquette, would disagree with each other as to every step taken in {he cause, although perhaps in entire harmony as to the result desired. To avoid all this fuss it is only necessary to make affidavit that the parties on due inquiry cannot be found. A notice to them is then set up in the smallest known type and inserted in a newspaper of general circulation. A newspaper of general circu lation is one which publishes a judicial opinion now and then, a few advertisements and four to ten pages of legal notices and is read exclusively by office boys. It being well recognized that Sunday newspapers are read quite thoroughly, publication on Sun day has been held improper, as is also