UNCLE SACK

Common Ground

When I was a younger man, I guess it was back in the early1880's, I lived up in North Texas. Anyhow, there was a circuit judge I met there who I grew to respect. I guess he musta been a lawyer at one time but it hadn't spoiled him much. He was a real sharp fella, knew a lot about how to help people solve their problems.

The law in Texas was a mite loose back in those days. The frontier could be a tough place and the justice that was meted out could be just as tough. Them judges had a lot of power. Some judges was mean and took advantage of this fact, bendin' the law to suit their purposes.

Just like today, a person who had lots of money an’ position was liable to get a more palatable version of justice than a fella that was poor. And God help the accused if he was red or black or brown. Justice might be blind, but most o' them frontier Texas judges could see good enough to pick out the color of a man's skin.

But, this judge was different. He did his best to be fair to everbody. He took the idea of "justice" real personal. He also had the idea that his job was to help folks get along with each other. He was always lookin' for what he called "common ground." Most of the cases this judge saw were not the excitin' kind. Sure, there was killins and rustlin' and bank robberies and all, just like in the movies, but truth is, such major crimes weren't common. In fact, it was safer on the streets of them "wild west" towns than it is on the streets of the poor neighborhoods of our big cities today.

So, most of the cases that judge saw were squabbles over land. There was a big land rush goin' on all across the nation. Settlers had been movin' west in a steady stream for years. Some were land speculators out to make a fast buck, but most was hard scrabble farmers and ranchers, lookin' for a better life. Often as not, a settler would pull his wagon over a hill, see a likely spot, and start out clearin' his new farm without goin' to the trouble to get legal title to it. These folks was called "Squatters" by more established land owners, and for many years, their undocumented claims of ownership drove the courts crazy all over the land.

Now this old judge had a mighty effective way of dealin' with these problems before they ended up in gun play or fist fights. He would get the parties in his court and tell them he wasn't goin' to hear nothin’ about the particulars of the case...until both sides agreed on several things they had in common. He’d say he didn't care what they agreed on. It could be anything, their favorite liquor, their political opinions, or even whether it was likely to rain. But, before he was goin' to waste his time tryin' to solve their problem, he’d say, he had to make sure compromise was possible.

Usually the contenders would give that judge a blank look, and start into arguin' like cats in an alley. But, he would slam down that gavel and tell ‘em to shut up. Then, he'd repeat the same thing in a loud voice. They had to find some common ground.

A judge might have a hard time pullin' this off in this day an time, what with all these rules we got about judicial procedure and all, but folks knew better than to buck a frontier judge. Like most, this old boy would as soon throw you in jail as look at you. Many a time, the fellas who were arguin' drawed up their lists while coolin' their heels in the town pokey.

Funny thing was, a couple of days later, when the aggrieved parties showed back up in court to discuss their case, they had a different attitude. Somehow, when they were forced to discover that they both hated turnips, or that they both considered women a mystery, or that both preferred their whiskey straight up...it became a little more difficult to wish the other dead.

That made things a bit easier when it came to settlin' their claims. If one party claimed a certain thing was true and the other denied it, the evidence was thrown out. The judge kept on throwin' out disputed facts until there was nothin' left except the things they agreed on. This tended to rattle the contenders and make them a good deal more interested in settlin' the case. If a party was particularly stubborn, the judge would fine him a acre or two for "obstructin' justice" or send him back to his jail cell to seek more "common ground."

In the end, if things went well, the two men would be beggin' the court to accept a settlement they had hammered out themselves...anything to get out of that crazy judge's court with some dirt to stand on. Now I have often thought such a method could be put to good use in modern society. What if they forced the contenders in the Presidential debates to spend thirty minutes decidin’ what they agree about before they started tearin’ into each other. Might be useful for the voters to know what issues potential candidates agree on. I know I wouldn't mind havin' the subject of actual issues come up in an election now and then.

As important as character assassination, grand-standin’ and half-truths are to the political process, it would still be refreshin’ to know if there is any part of society a candidate thinks works just fine.

What if the leaders of the Ku Klux Klan and the NAACP had to spend a couple of days talkin' and the only subjects allowed were the things they agreed on. How about the Israelis and the Palestinians or the Serbians and Albanians.

Agreement not a possibility? Nothin’ in common? I s’pect you’re wrong. Don't you think all of those folks are proud of their own culture and heritage? Don't you think they cherish their homes? Don’t you think they want a future for their children, food on the table and a safe place for their families?

Why, if they were to sit down and visit a while, it might even turn out they all hate turnips...or consider women a mystery. It’s hard to hate a person when you discover they have the same concerns and problems that you do.

What about you and your neighbors - or if you really want a challenge - you and your husband or wife? What would happen if married couples spent more time findin’ out what they have in common instead of pickin’ each other apart. Folks might even stay married.

If you look, it's always possible to find somethin’ in common with another human being. We all breath the same air. We all share the same life-givin’ sun and bundle up to escape the same cold winds. We all thirst for justice, just like we thirst for the water we drink. We all need love.

We all live on the same planet, and no matter where we go, what roads we travel, we all walk on the same common ground.

Round Top Register - Texas Fun Travel Guide