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Volume 5, Number 3 (1980) reprinted by permission Legal Studies Forum TUTT AND MR. TUTT: THE ARTHUR TRAIN STORIES REVISITED* KARL T. PICULIN University of Massachusetts, Amherst great actions, they are not so often the result of great design as of chance." --La Rochefoucauld, as quoted
My copy of Tutt and Mr. Tutt is
a crisp 1946 paperback. In an age when
in "The Human Element" new books drop their pages on the first opening, a well crafted tome is a marvelous thing. The contents of Arthur Train's work also endure. In one sense, Tutt and Mr. Tutt, the first in the series of Arthur Train books, reflects the attitude of La Rochefoucauld. Those people swollen with their "great actions" regarding fame, money, or power are deflated by the gray, sage lawyer, Ephraim Tutt. Tutt stands as both caricature and realistic character. He is a blend of knowing and naive, noble and corrupt. He is devoted to the law, and he simultaneously scorns it. He is a genuinely cantankerous champion of the people whose legal victories are just as much the product of serendipity as they are re- flections of his judicial skill. Train's book takes the form of a series of short stories, each dealing with an extremely unusual legal case. Mr. Tutt, in each situation, is called upon to save a lost soul or to snatch a legal victory from the jaws of injustice. Often, Tutt succeeds in his legal ventures, but he also blunders and fails from time to time. He is only human, and we like him all the more for it. A legal principle lies at the core of each story. Tutt finds himself facing bizarre, tangled situations, the type usually reserved for hypothetical law school cases. He seems to get the clients no one else wants. Tutt is seen by his col- leagues as eccentric and impractical, since he will not shun those cases which will possibly hurt his social or economic standing in the community. Yet, they fear his enthusiasm and unpredictable approaches. They don't want to face him in a court of law. Tutt is driven, at times too much so, by his desire to do what's "right." The reader admires him for his humanitarian concerns, even at the expense of pro- fessional expediency. The stories are skillfully constructed and written in a flowing, lucid style. They hold a place as solid literary achievement. But the most pertinent use for these works may be as readings for a legal studies course. In more and more law courses literature is playing an increasingly important role. Usually, teachers turn to the literary "masters," and it is here that many students lose interest. With this in mind, Tutt and Mr. Tutt serves as an excellent starting place for a literature-based introductory law course. First off, Train's writing style will prove accurate and lively, helping those students who feel that intelligent writing is directly related to the use of a baffling vocabulary and tangled sentence: patterns. Train's phrases are crisp, his words well chosen. The narrative Moves through a series of events in an efficient, economical way. The subject matter itself holds great potential for classroom discussion and written analysis, for each short story is built around an issue. In "The Human Element," for example, Tutt is faced with the dilemma of defending the obviously guilty. He tries to save a man who admits murder and is totally unrepentant. The old lawyer's ethical considerations raise questions related to the viability of the law as a punative force. "Mock Hen and Mock Turtle" brings to life the uses and abuses of the "legal loophole," subtly commenting on the nature of legal precision and definition. "The Dog Andrew," one of the more humorous tales in the book, considers "intent." It weaves an interestingly complex story around the issue of "spirit" versus "letter" of the law. One of Train's favorite subjects is the corruption inherent in Big Business and politics. Mr. Tutt encounters these two foes in "Wile Versus Guile," "The Hepplewhite Tramp," and "Lallapaloosa Unlimited." Here, the plight of the common man, the relatively powerless citizen, is portrayed. The inequities between the moneyed and the poor are clearly and cleverly shown. In the end, there is an af- firmation of the law's humanitarianism and equity, though this point is often made in an ironic way. But in these episodes, Train does not settle for a rosy, cliched ending, nor does he insist on a constant reaffirmation of the idea that justice will triumph. Aside from all this, the stories are often very humorous, making use of a variety of satirical approaches: fortunate accidents, clever reversals, and dialogue which either understates or overstates. All these techniques work to make this an extremely entertaining book. "I protest against this piece of cruelty!" cried Tutt in aBut by no means is Train reducing the law to a flimsy satirical sketch, nor is he using the legal profession as a random setting for his short stories. Mr. Tutt is a firmly established, consistent figure. His flaws and virtues are shown clearly, as are the flaws and virtues of the legal system. Train's underlying theme is a search for equilibrium. The law, as pure theory, is unsound; the law as the product of human judgment alone is also a frail thing. As Mr. Tutt says in "The Hepplewhite Tramp," We provide a dual service to society ... we prevent the lawAnd his associate, Tutt (who is no relation) replies: ... And incidentally, we keep many a future statesman andAgain, aside from entertainment, the great value of this book lies in its use as a legal studies reading. Each tale provides one or more philosophical questions which can make for meaningful class exercises. The fact that these concepts are framed in interesting stories makes them all the more accessible. The lessons are, for the most part, woven into Tutt and Mr. Tutt, but they also emerge in the form, of dialogues. Mr. Tutt may go into an explanation of his views on the relationship of crime and progress. His associate, Tutt, serving as Watson did to Holmes, may challenge the concept. Thus inspired Mr. Tutt will launch into a small oration: Crime is unsuccessful defiance of the existing order of things.Though written in 1915, these tales will prove less dated than many of the sociological or legal readings of the '60s and early '70s (have you noticed that your Freshmen students think "The Chicago Seven" is an NBA expansion team?). For the legal practicioner, the stories will be very entertaining. For those who have read the stories years ago, revisiting them will be a pleasure. Tutt and Mr. Tutt deals with law and human nature. The interplay between con artists, legal hucksters, unscrupulous businessmen and officials, the common man, and of course the uncommon Ephraim Tutt, provides the cast of characters and in- spires the parade of events. In the final analysis, the message of the book is one of humanity. In the workings of society, law must be supple, sensitive enough to change shape and react to the shifting spirit of the American people. For Mr. Tutt, the law is not a dusty set of codes that sit upon a shelf. * Bantam, 1946, 214 pages, (Curtis Publishing Co., 1919; Charles Scribner's Sons, 1920) |
