New-York tribune., 1901-01-06
REFORMS IN THE LAW,
uOST PROGRESS MADE BY ENGLISH
SPEAKING NATIONS.

rs,hout at least a glance at the effects of the
sdoption Of the Napoleonic Code in France and
~ the advances made in international law IN
stber Continental countries.
NAPOLEON availed himself of the great onnor-
.rrity presented 70 him when he became consur
20 reduce the French civil law to homogeneous
: <vstern. Before the beginning Of the nineteenth
century there was such thing, strictly sneak
,-e as French law. In fact, there were nearl,
as many different kinds OF French law as there
were cities and provinces. There was the sbarn
sdse Of truth to yOltaire's satire when he sasa
,bst the citizen travelling in France must changa
tfs law with his horses. In these cireuustancos
.he work of Napoleon's commissioners was NOT
ratification, in the modern sense Of stating the
law as they found 1T, but the creation of a new
snd complete system of law, without regard to
urecedent or custom or statute. except as any or
Al Of these aided in determining what was the
hest law for the whole OF France
such work brought into being in that manner
snd in so short a time must contain MANY de-
tects. and the French Civil Code has not escaped
severe criticism. But it has successfully with
stood all attacks, and to-day rests upon a frrner
foundation than ever. not alone in France but
among the other Latin races of Europe. Its
greatest triumph outside the boundaries of
France was when the most essential provisions
ard features of the Code Napoleon were adopted
o4 italian unity in 1866
The writings of Grotius OF Bynkershoek. of
Wolff and Of Vattel have produced greater and
uore benefcent results in the realm Of inter-
national law. in the Netherlands and Germany
especially, during the last century than during
The times when they lived and wrote. This has
appeared in time of peace in the additional
privileges and protection extended TO aliens ana
foreigners and in the opening by treaty of such
Srf7r TS- md n To,-
to the use OF those who live on their upper
waters. IN time of war the advance in human
s.y and Justice has been still greater especially
n protecting non-combarants in the prosecution
of their peaceful interests and in the enjoyment
of their homes, and much progress has been
made toward exempting innocent traffic on the
seas from interruption during war Earnest
Efforts have been made by European Powers
70 restrict or abolish priyateering. 10 sustain
inpartially the rights and duties OF neutral
nations and the liabilities and rights of neutral
trade.
UNIQUE POSITION OF SUPREME COURT
The position Of the United States Supreme
Court az the beginning OF the nineteenth
tury was unique. II was the only national tri-
bunal in the world that could sit in judgment on
g national law, and it could declare act Of all
the three powers Of the Union be null and void.
40 SUCH pOACA ever u6s rAlslcN Ot plODdDlg CcH
exist in England. In nothing was the young
Republic more fortunate than in the men who
were called 10 exercise the great powers and
functions OF this court In the first year Of the
century John Marshall, who will always be
known as the great Chief Justice was placed
al its head Upon him and his associates de-
yolved the duty Of interpreting the new Con-
s-itution and OF harmonizing with il the acts Of
the executive and legislative departments. The
services which they. and especially Marshall,
performed as judges in this court entitle them
10 a foremost place among the founders of the
government II the United States Supreme
Court stands before the world as the most dis
tinguished and influential tribunal of the nine
teenth century, IL must be admitted that this is
due more 70 John Marshall than 20 any other
He was" said one of his admirers, con
science made flesh, reason incarnate'' His judg-
lelts.% said Justice Story, for power of
thought beauty Of illustration. variety Of learn
ING and elegant demonstration are justly num-
nered among the highest reaches OF the human
mind"
But even in the early years Of the century this
great tribunal had other important problems to
solve besides those affecting governmental func-
tons. None Of these causes were more impor-
N 1873. IN which Daniel Webster appeared on
bshalf Of that institution. The principle in our
Constitutional jurisprudence which regards a
CHARTER OF private corporation a contract
and places IL under the protection OF the Con-
stitution OF the United States dates from this
decision, and 20 Mr. Webster belongs the honor
Of securing its judicial establishment. It is in
teresting TO note that, this court was called
upon at the beginning Of the nineteenth century
70 decide questions Of the most stupendous and
Tar reaching consequence to the young Republic
growing out OF the adoption of the Fe leral Con-
satution. SO now, at the beginning of the twen-
ueth century. it is 70 pass upon constitutional
questions OF almost incalculat,e importance
Swinging from the acquisition Of our new ISL
and possessions at the close OF the Spanish war.
PROGRESS SLOWER IN ENGLAND.
Great progress was made In Jurisprudence also
in England in the early part of last century.
but Of course it was not SO rapid there as in
this country. It was not until 1913 that insol-
vents were placed under the Jurisdiction OF a
court and eniitled 70 seek their discharge on
rendering q true account OF all their debts and
tnturOnal History" was at length recognized
berR zen poverty and crime This great rerne-
@ tors. In the next thirteen years upward Of
~ thousand were set free" But il was nearly
tairty years later before the beneficent princi-
pes OF this law were sufficiently extended so
thai debtors were not only released from con-
tnenent, but able 20 claim protection 10 their
liberty on giving up all II cir goods.
Ihe second quarter OF century was char
ecter1zed by many other legal reforms on both
soes or the Atlantic. The Legislatures OF the
various American States began early TO
pass laws exempting from execution necessary
noosehold goOds and personal apparel. the
beasts Of burden and the implements of the
isrIner and the tools OF other workers. In
1886 %he Republic OF Texas passed the first
Homestead act Judge Dillon calls il the great
sitt Of the infant Republic of Texas to the
world In 1873 Vermont followed, and the
same policy has since been adopted by nearly
al the other States, so that throughout the
greater part OF the Union a homestead Of mod
erate value for the shelter and protection OF the
saEally is now exempt from execution or judicial
tale for debt unless both the husband and wife
snal expressly join in subjecting IL TO the claim
ot creditors.
Scarcely any other legal principle is more
trnly fixed in the common law OF to-day than
NE me rule that an employer, IL himself without
tsult. is cot liable to an euiploye injured
through the negligence Of fellow employe en-