The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-05-30

huulued by the conditions, wants and as
plrauons of mankind that to under
stand one you must be familiar with the
history of the other. This is especially
true In regard to the common law which
forms the basis of our Jurisprudence
Ill so far as it is suitable to the condi-
tlonS of this country and has not been
abrogated by constitutional and statu-
tory enactment. 1t is peculiarly
growth and development based upon Gus
toms. Blackstone tells us that the first
ground and true corner stone is Gen
efal unmem0rial custom of common law
from time to time declared i'll the de
ciSlonS Of the courts by justice" The
essence of the common law consists of
lnaXlmS and customs which have been
III use from time whereof the memory
OF man runneth not to the contrary"
thus we see that to understand and
master our jurisprudence. we must read,
study and digest the history of the Eng
llSh people. There was for many years
| 4 struggle between the common law
Judges and lawyers, and the ecclesiastics
ana civilians for supremacy. This strug
gle constitutes ONE of the most inter
esting chapters of English history. The
common law courts frequently found
thelr judgments attacked and their en-
forcemcnt enjOined by the injunction of
the chancellor. The contest beginning
with Coke and Elsmere continues in
one form or another to the present day.
/ W neither the chancellor shall interfere
with the ordinary course and procedure
OF the law, whether the ancient mode
| of triad by jury shall continue to be the
right of every free man, whether the
chancellor may withdraw from the
jury the trial of the rights of person
and property by means of injunctive
interference has become an intensely in
teresting and practical question in this
country and constitutes the basis of
vigorous protest by one of the great
political parties of the present day. With
a rapidly growing tendency ON the part
of the courts to set aside the law en-
acted by the representatives of the peO-
pie by means of the manifold forms OF
Iprohibitory and other injunctions, we are
impressed with the necessity of care
full examination Of the origin of his
power. the history of its growth and
development and Jealous watchfulness
of its exercise. TO the student of the
| law the history of the development of
the law of procedure as we'll as the
Bishop Stubs i'll his Constitutional His
tory of England truly says, The roots
of the present be deep in the past and
nothing in the past is dead to the man
who would learn how the present came
to be what it is"
Study the lives of great men, cspe
Gladly great lawyers CampbelfS Lives
of the Lord Chancelors and Chief JUS
| 4; l., Il. I. l.
! fund of interesting legal biography. You
win find the life of Lord Chief Justice
/ Dewmaer, by Arnold, especially inter
esting and instructive. With Brougham
and Romelly he rendered most valuable
service to his country and English jlrris-
prudence in the domain of law reform.
The biographies of Marshall, Kent,
Strong, Curtis of Choate, Pinney, Web
ster and other great Judges and lawyers
of America furnish pleasant and profit
able study.
! 1t is TO be regretted that so little has
been written of the lives and works of
the great judges and lawyers of North
Carolina. Many well prepared and in
| tefesting sketches are in existence and
| these you should read. 1t is unfortunate
ly true that the lives of lawyers are
seldom written. Nothing of them goes
down to the next generation save tradi-
ton, and their names are seldom recalled
save as one turns the pages of the re-
ports. He who will break this silence
will be Il benefactor to his profession.
! take the liberty of quoting from an in
tcreSting letter from one of the most
venerable and scholarly editors of this
State, "A man who would write care
full, well-considered and thoughtful Fife
of CASTOR would do more for North
Carolina, its young men and its grown
men, it's good name and the writer's
good name than any work that has
been done for the State by any of its
sons in the whole tide of its history"
The address delivered by Mr. Junius
Davis on presenting to the Supreme
Court the portraits of Judges Moore and
Iredell. is Il valuable and interesting
contribution to the legal biography of
the State. The profession is also in
debted to Mr. Pulaski Cowper for
some valuable work along this line. The
address of DR.. Kemp 2. Battle on the
history Of the Supreme Court. to be
found in the appendix of volume 1903 of
the Reports is interesting and instruc-
tive
Every student of the law aspires to
and hopes to become an advocate. 1t
may be that you oyereStimate this
branch of your work, NV observation