The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1893-08-17


IN the country unless secured by sclf-exccuted
aeea OF trust. The courts should be more fire..
on the line suggested, or some other line: rhe
county courts should have additional Jurisdiction
on land as well ms personal property
ruinos uG ,nr OF credit in the first place is
OF circuit Is the difference between urosperity
and poverty. "'" prosperity
on Tne Debtor is sued on debt. Judgment is
ontalhcu' MS personal property "a sold MAKING
il impossible Tor him to proneriv cmI,,ynt nH liz
land land, Another suit is then brought with add
fees, etc make the time he gets of no vaInc as
these, added to the interest, make a very iar%e
owed when the Judgment was obtainct-cousi to
such an enormous interest that no property on
hope that these collection laws Which are
really Il great Incubus on the prosperity or the
State will be amended: that or profession who
understand the facts will make themselves mis-.
sionarics TO explain 1t TO the people. The great
| benefit. 1t is the business men who know the
facts to explain that it is not, but to their posi-
There arc many other suggestions that cou,a
make If had the time: bu, have made cnonrh
already to show you what mean when speak
of the duty OF the bar in regard to lcuisln,ion
My object. as stated in advance, Is not to criti.
f b" Gmt SIMPLY I'm to TO bring to
they are as familiar with AZ am and in brlpriup
them TO their attention remind them OF theft
duty TO the state and themselves.
These examples OF needed change arc pot I'm
tended TO be exhaustive, nor am cgotist cnou,,h
10 assume tnat the remedies suggested sra ,ho
best. My object will he accomplished If AWAKE snn
your minds to the fact that there is duty and
the duty is yours. ~
The study and practice OF orr profess ion tends
to beSet revt renee for the law as wrtten-thc
reverence OF Mohamcdan for Koran-thcrc is
nothing written outside OF 1t that is good and
| nothing written In 1t that is not good. Our con-
servausm Is the result OF this mental tendency,
Mr.. Burke, in speaking OF Mr. Granville saws:
"llc was bred to the law which is. in nv opin.
ion, one of the first and modest In human
sciences, II science which docs more to quicken
tnylEOrAtc unncrstJudiuv thaf
kinds OF learning put together; but 1t Is not apt.
lbcraiiZc the nina precisely In the same pro-
| portion"
In this country, where the lawyer is not only
| the cXpounder OF the law. but the maker of the
| law, this tendency Is particularly unfortunate.
This Is not the age for quaint pcdnn,ry and
| very interesting, but the people want laws that
| fulfill modern needs and conditions orr fault
| Is not 50 much In the making of had laws ~ i'm
acQuicscncc and Indifference: want of action:
dsinclination to disturb what il from tho fear of
what might he.
70 use the language OF distinguished LAWYER
our training has hcen like tina. of the Fathcad
Indians, II has compressed our brain with com
mon law bandagc. even to the extent that tho
| eyes of the mind have become Inverted and look
| only ba'kward,'
! There are said to be now at lcis, 900 Volumes
| otlaw reports, averaging 700 pages each making
| i,2O0.loJ pages OF decisions. Reading hfty
pages day, 2a0 years would be CONSUMED in
| reading The decisions to date. 5000 cases are
| being decided each year; that when the irst
a3I year, OF reading has been completed there
| An industrious Legal Mcihurelah reading and
| knowing the contents OF this immense mass OF
reports need still not know The law:' COR lie would
lind almost every question dc Cdci in more ways
| than ono. Often the court decides the
| same question in several different ways. surely
confusion now hath made it, mas crpcce"
The certainty OF the .w is the yare of tho
law. In many OF the department. this certainty
can only he had by egislation am aware that
many share the opinion OF Anachnrsis. who,
| when he heard OF Solon- WORK in writing the
law, said that written laws. in ali respects, re.
| Er ham
only cntanglc aud hold the poor and weak, while
the rich and powerful easily broke through
! them" But surely a written law. approaching
certainty, is better than n law which does not
even pretend 10 certainty fine rule adopted by
likely tina, while absolu;e perfection
would not he reached that II would he APP
preached. Plutarch says that under tho consti
tuition OF Athens alters law was voted and passed
the law might lie cited in mn ordinary civil court
| tried and brought 10 punishment II the court
| the public
:, There has never been period in the worlds
history when legislation IN behalf OF certainty
was more needed. The business OF great
| mercantile people Is dependent In large measure
Tor its prosperity upon the protection of law,
upon the law being plain and uniform, upon
| laws understood by both parties. The emperor.
Caiigular, has received, and Justly received, tho
people TO obey laws written IN such small
characters and placed so high upon pillars that
e.,
nineteenth century, arc rs uncertain and ignorant
| OF the law in many of it, departments Il, were
the Roman people under Caligular. This coadi-
| ton or affairs will continuc until a second Omar
shall rise M in the order of Providence, TO burn
| our hooks, or tho courts sh III agree little moro
generally or order he brought out of chaos by
legislation.
The improbabili,y of either Of the first TWO
| means or relief Is - great that ia my opinion,
VIC will have TO depend upon the third. A.
matter OF fac; he confusion OF the law canno, he
rcmedicd by the court=, They are hound hand
| ana foot by precedent. Different courts may aud
do easily lind and follow Inherent sets OF prcce-
dents reason has very little weight against de-
cidcd crses " decision or line of decisions Is fol-
lowed whether there he reason for IL or not.
A quotation from dec sion OF the New York
co'tt OF apl,cas VIII nc lnstructl'c mere. la The
case of Berries W. Nnnan, W New York 100, that
| court says:
1t is said that the reason upon which tho
commo II law rule under consideration was based
| has ceased to exist and hence that the rule
should be held to disappear. 1t is impossible now
10 determine how the rule IL the remote past
| obtained Il footing or upon what reason il was
based and hence IL IL impossible now 10 sIy
ceased To exist There arc many rules apperta:M
Jug to the Ownership or real prOpt rty originating
in the fendal ages for the existence of which the
reason does not now exist, or is not disccrnihle.
ana yet on that account courts are not authorized
J 10 disregard them.
In other words, says this nineteenth century
court laws that were created to meet the wants
ana necessities OF pas: age ana different
| civilization have to be maintained as the laws of
conduct for the people OF New York, although
the reason OF the law, il there ever was reason.
GaI oeem !ost IN the mist pa5 surely lord
that the reason OF the law is not natural rca-
| SON.
| ] am not one of tho who believe that the
lawyer has no need OF n knowledge oi the history
OF the law, OF its conditions and progress in its
different periods, but do believe that there is
too IN .ch Incdicvasm in the law; that IL is
| weighted down by antiqui y; that we accus-
toned 10 live 700 much in u different age from
| our own; O mould DOR actions in accordance
| with the views OF II different century; to look
| backward instead Of forward.