New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-02-05
quence Of the war. We through with the war TIL
Is o time Of peace" (Applausel
THE COMMON LAW EXPOUNDED.


Is o time Of peace" (AppIausel
THE COMMON LAW EXPOUNDED.
1.-The Common Law" the weighty subicce
assigned to Walter b. Hill, OF Georgia. In speaks
ing of it, he said
The Illuminating hypothesis Of modern science that bids
fair to explain the universe affords US point Of vsv
from which justify an admiration for the eomInoa
law more intelligent though less eAtrayagant than the
rosecolored purs Of Blackstone 1t was an evolution
,rom the thoughts habits customs, experiences In sho
the whole social people 30 far as IL touched me
conduct public affairs, the management OF pf'a pus''
ness the ownership and disposal property, the fegua-
ton OF domestic relaonsh and the rights ana o@res
OF the subject grew into being by gradual aeefe'ons
like an uprising coral island But tho robust realism o.
the law would satisfy the literary eshonS '' ''
Howells.
I never shows US the English yeomsnry as we see the
French peasant on the OF Met glornsd oy me
touch OF the Infinite through uplifting aspiration oa
the contrary, is composite photograph n'ers eiAss
representing precise OF the manitoba features
that entered elements into the general results W"
not like the Jewish law; It was not IKE me roman ""'
10 was developed from within, and hence inaoy eofi
responds at any given time with he eociai ss~h1au "
justice that then prevailed -
Tho law Of the book Is not the law OF he sns
unless reinforced by the public opinion Of Me 'eh'ss
through the yerdlcts OF its iuries'
What is the century's harvest from this soni Wha'
our law or rather what administration OF the avt
What are we TO think well accredited fact that os
several years past number OF prisoners brought 70 nes
ceeds the number OF those iudiealy condemnedi On
recent trip 10 Europe IL said that the Chief Justice
the Supreme Court Of Texas was introduced 70 an Eng
member OF Parliament The Introduction was MADE hN
BY NAME but by the judicial title OF the American Wis.
itor 80, yes" said the Englishman, Il have heard 1t
you. Your name is Judge Lynch" (Laushefl
Within few past two publications have appeas
In which certain absurd technealities OF the common hu
procedure in criminal pointed out as serious OBJ
strucions In administration OF law Because Of hso
criminals continually unwhippcd OF justice Inc uuu
ia that under our system which perpetuaes rules whhs
origin 10 the danger Of royal encroachmen' uo
:he liberties OF the citizen, but which no longer nave
reason for their existence the rights OF society ana Of ~
accused at ridiculous disproporton, bat Nhenos
come the structures which have referred ZION JACK
Cade rediviyusi or Herr Mosti No, indeed They @
to be found Official reports OF benjamin n beSsa
and Augustus II. Garland Attorncy-Geneais Of 'As
United States. 81,
But the attention OF Congress, like that OF MI sua
wegg has been much FUSED up" TO oestow seu %
necessary reforms OF the law and most ly has the chaps
lain succeeding session with the genera cone
ssion I'VE done those things We ought not 70 nave
DONE have left undone those things we ought 70 hss
lone Spare u.s. good Lord miserable sinners Appladse
WAYNE MacVeagh, of Pennsylvania, was "a
have responded TO the toast Of =" The Bar, bns
he was not present. In his stead Joseph IL
Choate spoke for the practising lawyers.
DIR. HUNTINGTON FOR THE CLERGY
In replying for THE Clergy the Rev. DR..
William r. Huntington, of Grace Church. saif
in part:
Mr. Chairman The clergy Of the land and the judges %
the land have this much in common they are SCI
In their places 10 tell the people the tivth. The task We
thus divide between is arduous one since the an Of
statement thing only less difficult than the enort
discovery And yet has It's delights The poets sesu
10 have forgotten OF the OF Intellectual JOY
Campbel has given 'The Pleasures OF Hope" Rogers
THE Pleasures OF Memory" Akenside 1.-THE Pleasures Of
tho IMAGINATION" but have sometimes wished that
poet might arise inspired sing of the pleasures OF SEEING
they
of memory the deuslons OF hope and the illusions OF ne
imagination.
In claiming for the clergy the ronk Of assessors with
the judges IL my mind that nations live not BY
law only by love- Disraeli fond Of saying that
sentiment had much do with the ruling Of great
peoples force. You hurt the feelings Of natcn
a. easily you hurt the feelings OF a child. All
Portugal the the other day because the nag
suffered sfront. Aud II nations feelings esa
hurt, by the token they be softened
soothed and cheered You judges live and move In sa
atmosphere OF command ministers Of religion In an o.
mosphere Of persuasion You compel men, and rishtr
with equal right, l think, entreat them
The great need OF this country is and always will b
peryasive feeling Of kndness and good Will. Nothing
this keep class ieaiousies and party haeds
from poisoning the Nations blood. IL Is not improves
political economical machinery So far s 'as
structure OF social system is concerned we ~
better of than the rest OF mankind already. We have
capital engine OF government The thing lacking
liberal supply OF the oil Of gladness TO keep s
wheels in running order When hard surface wesn
against another surface there must be heat OF friction
unless precautions have been taken. hard wea1o
grinding against equally hard poverty is sure to na
trouble for hrst last. unless somehow We can eo
trve modify the hardness. single hot box viii bfns
even the Washington Limited TO stsndstll. shall "
permit hot box to stop social progress short ana ~
for want Of few drops OF brohey kindness applied
reasonl
Then again. in Utopia. there Ia tho liability
panic. We write statutes paper, constitutions o.
parchment and natter ourselves that because se@
ment Is harder TO tear than paper we are SAFE 'r0"
panic But parchment only little tougher than paper.
man in rage parchment The gree
thing is 10 see 10 10 that neither the community
any considerable portion Of the community Is per-
mtted 70 fall into rage In this perhaps, the eisrU
help. They certainly want TO do so. We are nos
so vain as 10 suppose by mOhery and brothery ~n
we can accomplish everything. We are not without
proper respect for the value Of law such 10 fae'
take a certain pride In reminding you, Mr.. Chairman
that IL one OF EiIabeths theologlans, not one "
great lawyers who built that stately sentence
familiar for quotation, which men recognize - Wv
best thing that was ever said Of or concerning law
Mr.. Chairman, l have spoken seriously because, "
responding to this particular toast. could not orsns
myself to speak otherwise. The temptation the eeFa
mind 10 strong on these festive occasions lay aside
ones customary headgca whether be the square cap
OF oxford or the skull cap Of Geneva and put nsss
the more generally acceptable cap and bells. But W
night somehow. have found 10 impossible TO forges ~
whom was spsaking and TO whom. =,
President Seth Low, Of Columbia College, spoks
OF The University"
His subject was Our Clients and he did them
Justice. His remarks were loudly eheered.
------------ -
Ras Truiu Nah