Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-06-01

ton to the realistic fiction OF the day. IL
the theme n commonplace, II was no
doubt Intentionally selected by the author
as necessary TO his purpose 10 portray
the certain aspect Of life he meant to IL
lustrate. and that purpose, he has well
accomplished. BESIDES II would be a diff
cult thing 60 do to draw real people and
yet not be commonplace. Mr.. Crawford
evidently appreciates that fact.
THE LAWS AND JURISPRUDENCE
OF ENGLAND AND AMERICA. BY
John F. Dillon. Boston: Little. Brown &
Co. 1894.
II man wants to realize how great
is law and its professors, let him read
Judge Dillon's latest work. II Is a series
OF thirteen lectures delivered before Yale
University during the session Of lS91-'92
No one can peruse that work and lay
II down without a profound feeling OF
respect for its brilliant and amiable au-
thor Coleridge tells US that in men OF
genius the matured judgment of the man
Is combined with the delicacy of feeling
and the susceptibility OF impressions Of
the child, and II needs but little acquaint-
ance with literary biographies to perceive
that these last elements almost invariably
enter into the composition Of really great
men. 1t is quite as true OF the temple
OF genius as II is OF the temple OF
Christianity, that he who would enter
II must become as a little child. Judge
Dillon Is OF this order of genius. He
began life as a poor western boy. He has
had his license to practice for more than
forty years. twenty Of which he has
spent on the bench and twenty at the
bar. He eloquently alludes to how he
won his way to fortune and fame, and
his allusion Is an exceedingly timely one,
with Coxey and his brainless followers
making a silly clamoring for hearing
at the nations capital. Says he: "Our
institutions failed Of success! l deny t.;
thousand times / deny il! In the name
OF every man, who, like myself, has
come through the terrible ordeal OF
poverty. and knows what IL is; in the
name Of the unnumbered thousands OF
generous youth who must yet walk bare
foot upon the heated plowshares of this
ordeal, / deny It; for the genius of our
institutions will attend them unseen
throughout the fiery trial, and give them
safe dellyerance." page 1907
OLD AND NEW HOMES.
The law in its old home, as expounded
by Blackstone and others, and in it's new
home in this country, with Marshall and
Kent, and Story to interpret ii takes up
many delightful pages. But it is the
practical side OF his lectures which
concerns most the public and the
profession. The following advertisement
may be found on the desk of any active
lawyer on the back of a current legal
periodical-"The whole case law Of the
United States, up to September !, 1898,
$4,000 cases. Fully digested, in n inches
of shelf room. for 1886 net" Dillon tells
us that there are in all about 5000 volumes
Of reports.
In twenty years the English and Ameri-
can reports will number 10000 volumes.
The jurisprudence of the Continent Of
Europe presents no such problem. The
decisions are part of the jurisprudence
there, but generally speaking they lack
the element OF authority, and in that
respect are unlike our presidents. 1t Is
clear TO the lecturer that a remedy will
be found for the evil" for the interests
OF Justice are primal and eternal, and are
not doomed TO be crushed by the very
machinery which has been devised only
TO the end that justice may be promoted
and secured. Whether that remedy will
consist in the breaking down or modifica-
ton Of the doctrine OF judicial precedent
I'm the extent and rigOr in which 1t at
present exists. OF which even now we
see many signs, or in codifcation in some
expedient and practicable shape. or in
both. or in something else, we may not
be able 10 foresee; but that some cure
will be discovered or wrought Is as GER
tain as that law and justice are the
permanent and paramount interests OF
men on earth"
LAW AND EQUITY.
However important may be the above
matter a subject which has engaged the
attention OF the Virginia Bar Association
for a number OF years is very carefully
treated. Judge Dillon goes 10 the merits
OF the question of the union OF law and
equity procedure, and his statement OF
the case carries conviction along with
II. He SAYS "in no other system of juris-
prudence do we witness the competing
and conflicting rules which mark our
division Of rights and remedies into legal
and equitable. The separation or what we
call equity from law was originally accl-
dental, or. at any rate. was unnecessary;
and the development OF an independent
system of equitable rights and remedies
is anomalous and rests upon no principle.
The continued existence OF these two sets
of rights and remedies is not only UNI
necessary, but it's inevitable effect Is TO
make confusion and conflict The existing
diversity OF rights and remedies must
disappear and be replaced by uniform
system Of rights as well as remedies
what we call legal right ceasing to eX-
list IL II is in conflict with what we now
distinguished as the equitable right"
Ii is a pity that the members of the
last General Assembly could not nave
seen this expression of fearless opinion
Perhaps. had they done so they might
have acted upon the suggestions OF the
State Bar Association without resorting
a. Of killing their
further consideration by refusing to re-
port on them i'm committee.
WOULD NOT REPEAL.
II these politicians care TO be sustained
by precedent In that same legislative
assembly, they can look at the letter
written by General George Washington TO
Governor Patrick Henry on April IL, l1V,
from Morristown, Pa, calling the Gov
errors attention to the bad effect or the
Virginia law against incubation for the
spread of smallpox. At that time the
whole civilized world dealt with that
frightful disease by incubation, Instead
of vaccination, which had not then been
discovered. But IL Is a curious bit OF
history that the General Assembly of Nlr-
ginia would not repeal the law against
incubation, although enlistments OF 3ir-
ginia troops had almost ceased for this
reason alone.
Conservatism. however baneful in its
effects when pitted against Intelligence
and real needs, finally gives away.
Judge Dillon's ridicule of its senseless-
ness is charming and the old story about
Lord Chancellor Thurlow's reception or
deputation OF distinguished men who
waited on him to secure his support OF
their attempt to obtain the repeal OF, the
corporation and test act Is delightfully."-
told The Chancellor received them very
civilly and then said: Gentlemen, | am
against you. by c.. I am for the estab-
Ished Church, d me! Not that | have
any more regard for the established
Church than for any other church, but
because 1t is established. And II you
can get your id religion established,
I'll be for that too
The bar OF Virginia Is naturally con-
servative, but II has recognized the ne
cessity for law reform before the State
General Assembly. which latter body
either occupies Thurlow's position or II
has not yet discovered that the rest OF
the Ensllsh-speakng world has made the
change. S. 5. p. PATTERSON.
Richmond. Va. May II, 1884,
ON THE OFFENSIVE.-An Army Story.
BY George 1. Putnam, author OF In
Blue Uniform" New York: Charles
Scribner's Sons. 297 pages. Price, a.5.