The daily morning journal and courier., 1901-06-25

at it's close such was the favorable i'm
 pression it produced that many though | it would surely win.
 At the anniversary exercises of tn
 Yale law school, held yesterday after noon, an address was delivered by tht | Hon. Marcus P. Knowlton, LL. D., jus
 tice of the supreme court of Massa chusetts, on legislation and judicial de cisions in their relation to each other
 and to the law. An abstract of the
 address follows:
 The speaker began by quoting the
 words of John Adams in the declara.
 tion of rights in the constitution of
 Massachusetts, establishing distrt-
 button of governmental powers among
 the legislative executive, and judicial
 departments, and said: Tn the infancy
 of law no such separa ton of the legis-
 lative from the judicial powers was
 possible. At the dawn of civilization
 the king was both judge and legislator.
 Long before he assumed the task of di-
 rect legislation he was making decis-
 ions which were themselves source
 of law New mandates were added and
 individual laws became a system.
 Such practices and methods show
 the origin and growth of English law.
 In the early years of the existence of
 parliament legislation was it's least inn
 portant function. The king was for a
 long time the chief law giver
 English law in it's origin and growth
 lacks many of the features of legisla- tion and judicial decision in the twenti- eth century. I have presented this dim outline of 1t as a background for the more important delineation of legisla
 tion and judicial decisions under the American system
 "Our ancestors who framed our con stitutions first made the division of civil government into three depart ments, a foundation on which to build an enduring system. This method se- cured to each department independence of the others in it's separate work in its own field. Legislators should be astute to discover defects in govern mental machinery and to supply the requisites for perfect work. They con stitute the constructive force in gov ernment, as distinguished from the managing and regulating forces. They need to exercise wise conservatism. The danger of too much legislation is ever present. A sparsely settled state inhabited mostly by agriculturists needs but few laws A densely popu- lated manufacturing and commercial country needs many more.
 "The great advancement of the American people in statutory regulation is universally recognized. To say noth- l ing of multitudinous laws on new sub I jects, the outgrowth of new conditions, there have been great reforms in many | classes of existing laws.
 Nor have the courts been obstructive in interpreting and applying reforma- tory statutes. Of their own motion | they often have disregarded precedents In non essentials, and have encouraged | the statement of facts without formal ity, in clear and simple terms
 ''The field of the common law is for the court alone. The common law is a growth which has always adapted it. self to new discoveries and novel con- 1itions to meet the requirements of changing world. This has been broad aned and elaborated by decisions of the which for the most part are wise and just.
 'In the construction of statutes questions of great delicacy arise which involve the relation of the legislative md judicial departments to each other. This is particularly true in dealing with constitutional questions. It is the province of courts to discover and without bias to declare the legislative will in all it's relations. It is the prov nee of legislatures to enact laws in reference to constitutional limtia tions tnd the principles of Jurisprudence which have been established by the ,ourts.
 '"The most important features of leg slative and judicial decision grew out if the adoption of our written consti ution. This work was q new depar- ure. Monarchical systems furnished 10 precedents for it. A new country hat knew no sovereign but the people nust needs elaborate a scheme with of powers clearly defined, n an instrument whose terms could ev- rywhere be invoked for supreme and authority. Out of the ne- essties of this situatio out of diff arence of opinion, through anxious ( bought, profound study, and long de- beration, through conference and com f came the wonderful and con ] ummate bond of union and chart of UT liberties, the constitution of the I 'nited States. State constitutions had previously cen adopted infused with the snirit | ( liberty and adapted to the needs of l 1e people who framed them. l According to it's terms the federal { onstitution is the supreme law of the 1 nd. It creates judicial department li hich is to decide all questions arising ! ------- C