Los Angeles daily herald., 1886-05-02


and all the legal and economic bear
ings Of the same are being examined
with the closest scrutiny.
The foundation OF the claims of the
>iparianists on the "Old English
Law, are ridiculed by the anti
riparians, who show that England
PAYS no attention to the old riparian
laws, but In nine-tenths OF her possess
sions, In India, Burmsb, Australia
and other Of her possessions, utterly
ignores the old riparian law and pro-
tects and promotes the anti-riparian
law to the fullest extent.
A mass OF decisions have been
collected bearing on this delnsion Of
the "Old Common Law OF England"
among which may be quoted the fol-
lowing. Judge Sedgwick, in his
treatise on the "Construetion OF Statu-
tory and Constitutional Law" says at
page 10: "But the common law IL
"perpetually fluctuating." ut
was therefore necessary to fix
" time after which any changes effect
g ed in the common law Of the mother
country would have no effect here"
At page 4 he says; ITO this source
Il. g., custom Is also chiefly to be
g traced the great body of the original
/" English law that ancient collection
"of unwritten maxims and customs
"called the Common Law which
9 still exercises such extensive sway
lin both England and America, and
on which we daily see engrafted
" regulations owing their origin to
" the same principle"
Since the system possesses this
plastic character in the land where 1t
originated, il must continue to possess
itwhere adopted here, whether adopt
ed by express statute or by voluntary
recognition OF the courts as part OF
our heritage as descendants OF the
English nation.
1t has been uniformly adiudged in
this country that the common law,
however adopted, is in force here
only 80 far as il is adapted to our stu
alton, wants and institutions.
Says that great New York iurist,
Judge Bronson: al think no doctrine
better settled than that such portions
OF the law Of England as are not
adapted to our own condition form no
part Of the law OF this State. Theex-
ception includes not only such laws AS
are inconsistent with tho spirit OF our
institutions, but such as were framed
with special reference to the physical
condition Of a country differing wide
ly from our own. II is contrary to
the spirit oi the common law to APP
ply rule founded on 4 particular
reason to case where that reason
utterly fails. Csssdnte ratione iegis,
cessat ipsd lea.
20 Wend., l59.
SO, also, one OF the most eminent
~ Ameri,an iurists and statesmen.
I,dga Th,rm.p of Oh;o. Laws down
the same r,,e in LANGUAGE too plain
20 no mistaken He saws. "The
E,u,;sh oo,,no, law so faras II ia
,a.sonahla /, itsalf suitable 70 the
,,;,;. "a h,o;rass Of o,r noonle
.,,a oo,.,.,.n, With tho Ist,ar and
..,;r;. ~ o,r psdoral and State ,onsti-
,,t;ons and s,a,u,es bos been and ia
so,lowad hv our courts and NAV he
.a,d 10 constitute mart Of the common
i.., q, oh,o I'm, ubanaver II hos
haa, found wanting I, either If tbasa
,ao,;.;,as o,r courts have moi hesi-
tatad NJ mod;fv II To suit our circum.
s,.ncas or n necessary 10 wholly
aan.r, IRON, ;tn
Ohio State Rem 400.
str;ctlv /, accord with this view ia
.he on;,;op of Chief Justice Wright.
os Iowa whare in delivering the
on;n,or al tba surname Court of that
stata and after declaring the common
law N he there in force he continues:
- To saw tha, everv nrinciple of that
law however inapplicable to our
u wants ar institutions. is to continue
% I'm force until changed by some leg
81 ;slative rulo we belieye has never
/" been claimed. neither indeed could
tit with any degree of reason. "
a And h.ther in the same oninion he
:. saws. .,wbap the common law has
ohoan ronaalod or cbangad NV the
i. ;,st;trtior ., ei,her tho states or
. National Government or NV their
a. lagisla,;vo enactmepts II ia of
g conrsa NOT binJ;n, So also IL 10
/. safe 10 saw when II has been varied
.thv cns,on, NOT foundaa in roason
g or no, oorsonant 10 tho gerips and
81 ,ornar Of tho noo,la :, coosas 70
:. have force -
. Iowa 4oo
saysMr I,.,ioo S,orv. ,Tbo oon,-
q 40, Ian 80 E,,nl,nd 10 No, 20 lao
/. -, ~ u, -. - 10 t,a, 90
q A,nor;oa On anoas,or. hror,ht
q LII e., Re 1911 nr;noinIos
".oJ ola;naad !, a. ,hoir bir,hr;,ht
g Int ,ho, hrougI, viii, thon, nd