The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-01-06

~ INW UNNM NfANN NflM NNlMAAN IiWNtN
lploccd in the same haNds there can mo-
/ lnrcr Doc amy reason fur refusing Co
peuut one to elect whether COZ mot hc
uu prevent the iunictiuu or Vrong
or submit to 10 relying upon the adcqu-
lacy of extended litigation tor restora-
| tion of what he has lost In other
/ words the objection tAht court has
no jurisdiction for the reason that the
relief asked is such as SIS denominated
! Equitable and that there is an adequate
! legal remedy should be absuleto
| The innovations made by new codes
! of procedure provided such q radical
/ lchuuge from existing methods that they
were necessarily first construed 10y
minds skilled under old rules. aud $50
/ welded to old precedcnts that much
| benefit intended TO bee bestowed by the
codes has been lost New rights and
| no. emedies given have been habitually
construed by the very standard sought
Co be abolished This however. is not
| the only cause of the artificial distiuc-
tions that have been maintained under
! the code system between jurisdiction at
| law and equity The force of the new
cadc provisions seeking Go abolish those
| distinctions was modified and retarded
| boz many uf the states 10y constitutional
! provisions Kent tells us that 100 PEN
nsylNania the constitution oi l'b' ana
| ih' acts under IT, gave tu the courts "l
law ol rev spt'lnc cuQlty powers ana
'nt constitution OF i''o continued lhe
! same EIant ana unuer the iatler ln-
S'Iuln'hl various equity powers nave
| oeen gradually Eranted ana assumed
'ld aIholEaIn"'tl win the common Jaw
powers OF lhe w ana ihat lheie rs
| NOT a. general tP-''y Jurlsu'o''on cor.
! itrfeo ON 'u' i'ehlsS sSlNuhla courts ana
! 'ntl' equity JURISDICTION ls "n'N
''il'''" '"" S'l''''u p"'''"" "' 'q"l'N
! i'Ne'
~ s'',,D w ,i',s'','a as ,' "''s'.,
"s,,.S' N'" I'''''lS'i' ~ iN'''u, iS'""u'
',.
! ~, .. .,,''..,.,,,' ~ -,
,,,..,t 'li
t...',i.,t. -. ..,.,.
| ,,,,,. .',,,,,,nn l,,, ,.,,,,,i, 10 ,o.
,dno,it rynnt tet
rtoso b,idin.e ot l,ct oe ,o,,o,. ,r
,,,,,.t., g., ,,i,., ,,h,t 10 s,ii r,,.,o,t,. IL.
In,,,ir,t.d eouitabIo rolicr MANI, of
Ithom antiouated and MANY others
Ib,sed an these and similar .,pstitu-
u,pal prnvisions form q class of pro-
| ,edepts which have done "A great deal
to confuse tho courts i'm th, exercise of
eouitv movers. Judges without exam
| ming the constitutional provisions
which have been construed with statu-
tory provisions aA a matter of course.
and without comment have been guild
ed by the decisions of the courts giving
such construction. and have applied the
same rules. whore the absence of such
| constitutional provisions made their
duplication improper.
Comparatively speaking II is but "a
| few years since Judge Waiver puh-
ushed his treaties ON American law. In
| which he strongly advocated the CON
dihcation of laws SO much Of what he
| then said I'm favor OF codincatlon of
laws seems relevant to this subject
that ] quote the following
Let us advert to some Of the posi-
tive advantages of sush a code our
laws win be better adapted to our con-
dition than they now We're since that
part Of the unwritten law which rs
suitable only for barbarians would of
course be rejected, and would no long
or cucumber our legal repositories, and
an needless technicalities which now
cumber our hooks would be avoided.
suppose that phllanthropic stranger
from some far distant land having read
and admied the theory of our social
system visited us for the purpose of bee
coming citizen lie wouldnaturally
| apply 90 some jurist for reference to
the books in which ne might hnd the
Jaw ielaunE TO nus PERSONA llsh's' ana
"h"t W"u.u 'le Iur'Sl p' """E'" !" ~"
""n luS'r"u o' P'','''nb T." ''''' w
result "l amer ,'"'' ''E'S'" l'"u' ''lu ~
n"''""ny WIN '',' '"e"'y "' ""' 7y7t'
"' '""S' ''l'' ''' "''b'' W. az 'l''
n'hH' I'uI"IE o"lhl'"Se "'"'' 'Hn,' 'N'
'"'i"a w sue" '"'
N"'"u i'p"''' S'"i' w. ''"" "''1 ~
t'" MN T." 7'"''l '", ,"ut" ,"1' ]"
''any l"' '''e Nu"" 'uh' i' "ol''''
In' great l'l"' ~ l" "''' "o '"n
iuNe 'nao''''"'S 'n p'"'' "' Ju"''''
"e''"''"S
few years saw his cherished hope
realized and humanity has been great
ly benefited thereby yet while th'
principles of equity have been codihe'
I'D many "i ,he states nowhere ~ 'lel'
b eN'S''"@ ''e"' NIoM 'usc "' W " "i,o'
one 49, OF ~ no, 'n'l'''u =" p"' u''
i"iihS "l "n"' Us "'""''l''"''u 'pu''"
"'t 'rleI'
IT ~ no" my C'"'''' 'n", '""b '""P
telA "i equity Iu'es Shoulu pe ,hJ'e'''
INTO CONSTITUTION put lhal WIN rev
Wen CHOSEN WoI"s the ""IN "esuh W
th"HshinB dlsllnctloh "i "lIln pe'Weei
lesal an" epul'anit a't'ohS may n' con
unued To happy complexion.
Z Then no court would be required Il
say to "a litigant, You must suffer thi