The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-06-13
Lieut.. Gov. Botkin's Address Before
the Pullmsn Society at the
Montana University.
Other Exercises that Helped Make
the Second Day a Decided
Success.
An Interesting Programme Arranged for
To.day-Hon. w, i. sanders to De.
liver the Grafton Tomorrow.

nivsruary exercises 1t the Montana Unt-
versiby. The programme included an ad'
dress before the Pullman Literary sosissy
by Lieut.. Gov. Botkin 1t eight o'clock In
the evening, md Other exercises. Quite .
numbes went out and = most ENJOYABLE
s;sning was srent. After some sxcsllsns
music the lieutenant governor was insso-
ducsd. MI. Rotkin said: Every rock -
bowsled In the earth has it, story 20 ssIl OF
the gradual growth Of . sharsiss'1 mass Of
matter into 1 world Of light and beauty.
Upon the difsrsns strata. % upon the
leaves OF 4 book, are written The mighty
changes since creations bitth; 90 the juris-
prudence OF 4 country ID it, best history.
Il 10 not 90 In the sense that regards history
~ a catalogue OF battles and a schedule OF
dynasties, but in that which looks upon u
40 . panorama OF the successive conditions
through which q people move from bar.
barism to a ripe civilization. and sometimes
thence backward to anotbor form Of saw
nRery.
Announcing O. his thsms 1.-THE Unwrittsn
Law" and for the purpose OF defining IL BY
showing what it does not meau, the speaker
gave q summary review Of the different
codes that are mentioned IN history. the
twelve Tables. the Institutes OF Justinian
and the Code Napoleon. These wore me
basis Of the OWL law which obtains ~
most Of the nations Of continental Europe
and in the state o. Louisiana. In contra
distinction 10 these tina unwrittsn Law en-
braces The entire body Of legal rules a
principles that do mot possess the form n
sanction Of statutes enacted BY legislative
authority. The speaker sketohod hastily
the history of the common law. which In
carly times dealt chiefly with. the ownership
Of tho soil. but later, with the growth Of
manufacturing and commerce. grated
upon its stock the main rfineiplcs OF tns
law merchant. ;.
Nj. Botkin. then proceeded 10 ilustrats
what he termed the characteristic excel
len CT OF tho unwritten law, namely. IT. I'M
failing capacity Of expansion and OF aa-
iustinR itself to new conditions. Thus, IN
the case Of the laws governing streams OF
water. The common law, a. ~ existed tn
England, applied certain principles to nAv.
jpsble streams, but limited them TO such ~
felt the flow and Seflow Of the tides. When
II was transported TO this country u found
here great inland waterways that were cap
able Of carrying .~vessels OF large oApacisy:
but were nsvertheless exempt frcm tidal
iufuence. To meet this new condition tho
common law expanded itself and developed
the wholly new principle that when any
stream 10 serviosabls for the purposes Of
commerce by Draft of any kind. II - . nav
ipable stream and, In law. . public water
course. Later: in response TO me neesssi.
Of waters suffered another change, By which
tho previous rights OF. riparian owners were
varied to give effect to rights acquired BY
appropriation and diversion. To this d.
parture was largely due the growth and
prosperity Of the mining and eRrtoultural
industries of this section OF The union. with
economic and sociological consequences
After giving additional examples Of the
fexibllity Of the unwritten law. and predict.
ing further changes ns occasion shall re-
auire them, the lecturer discussed the expo
diency of substituting for IL q fixed code.
He said that undsr the fo!mar system
eral principles Of practice BY the guiding
lights of preosdent and analogy, while I'M
der the latter they = to consider only
the meaning of words aud may DO misled
In their conclusion by the omission Of q
comma. A statutory jurisprudence can
scarcely deal with ell the new questions
arising from the changing conditions OF
society and it, members, but the unwritten
law responds from sources ~ unfailing a.
God and truth. "The letter killsth, but
the spirit maketh alive" II 10 not the cold
letter Of statutes or the rigid formulas of
codes, but the free spirit OF the law whose
''ssat 10 the bosom Of God; whose Voice is
the harmony Of the world"
To-day She annual meeting OF the trustees
will be held At 10 q. M; a. 2:3O p. m. there
will be a vocal and instrumental concert By
pupils and instructors, and 1t eight p. M. q
defamation prize contest. On Wednesday
Hon. w. F. Sanders will deliver tho uni
versity Grafton at II a. m. Thsn the prizes
will DO awarded and the annual exercises
will conclude with . banquet. The public
generally 10 cordially invited to all the u.
~ercises. A car will leave jackson street TO-
day at Las p. m. in time for the afternoon
exercises. and at 1880 p. n. for tho evening
entertainment. Wednesday evening 4 car
will leave jackson street at 1O:l5 .. q.