The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-06-30

.f.s unfortunately
"A innocuous. stx centuries ago and
= never been heard OF here. remains
fslb~ seem. The law u less certain tn
~ tnfs statute than u would be II the
s1aIiGcatlou of local applicability wcre
-sfs-d. because the statute INTRODUCES
IA ali cases n mich there - any &C.
ttsion for invoking 10. the very doubt
- questions q what the cCfnmon law
IA and whether the court viii follow =
IA spite of the generally accepted I'M
.rsscf modern doctrine 90 contrary.
u.~s not the common Law maxim.
sstrssante rntiorc lsfsiS cczsat Ifsst lex.
entaiu good sgu&cf
n Henry Maine hal pointed out that
trsrw IL always a gap between law and
soety. that iaw IL conservative ana
q rety progressive. that we may come
Dr. closing the gap bet that u aiss ass
ffsds 90 Opens that thss happiness OF a
psple depends IN larae measure Upon
~ degree OF prompigude With which
80 sap is ciosc.is Gnd tnaf the icStru-
nsntaiities BY which this IL Effected
a, legal Actions. equity and lcEtsla-
ffs- The LEGAL fiction came nrst In or
fr historically. ~ met the Fequirsr-
y snts % people IN its earlier stages.
re a. mad progress possible Without
fhs sacrifice % tradition. but Ne no
hasxer haven't legal Gcti0us- ON Tbs
esntrary. go are rapidly discardinE
tfUNr our arCrStora tnNrutrQ anu nun
10y calling tEirE4 by their right
fsnn~S. Fsr sxarlple. 80 do not IN tro-
tr faisify thai We lost the article and
rat We defendant casually fo1ud u.
EFu " Enztsud entails may b. barred
wtaout resort 10 the fictitious SUITS %
fsrss AID common rscovcriss- We now
q the doctrine % adverse possession
on the ground % good policy rather
ntn upon the dcnOustrabty false pre-
suaption % . host grant. Equity came
I'D In 1rdcr-mafc necessary BY the
address OF the nation and the ultra
coas. rVatiarn % the common las law
fsrl ~ might have been avoided. and
eoutabts rights and remedies might
havf been enforced by the contriou law
e.uafs alone. by the exercise % a lit
AZ bod sense OF wise legislation. but
~osly has ErOVu almost ns inelaatic as
he law. Hereafter both must b. de-
ve<ped chiefly through legislation.
Thrproeress OF society n now too rapid
fsr 90 law To- keep pace with "a through
judibai decisions. 90 shy nothing % the
ferridabi~ array % presidents 10 b.
eveeorne.
cI3wTu THROUGH DECISIONS
"a the development OF the law
thrvneh Judicial decisions has been as
teaghinE during the little more than
a .Gatury that has elapsed since the
ffns< OF Blackstone. The law had 10
Erof. Ecutham's bombshcli. the indie |
D~a4cnce OF the American people and
The science. natural and humanitarian. |
pf ne ninsteeuth century. made u i'm |
A1sabic for 10 remaining stationary. i
1hsfe has. iudecd. developed an Amer
ear iuriSprud~ncc which. though hav-
Z Toe its basis the common law. next
. blood and language the ErsatesA
rrurntfrr force 81 the British and
inericnn peoples. haa nevertheless
setved so rapidly tn its necessity TO
capt Itself 20 It's new environment
<at u has already become In large de-
fte distinctive. blackstone vsouid not
scoxnfze a. This has been brought
bout By the Vastress and varied char
.krr % the Americas territory and
! eufntion. by the wonderful system
I, FEDERAL state and local government.
zIthe Inventions and discoveries. the
} 4 % the pioneer ana the conquest %
.atre Much VI this bench made law
~ evolved gradually A. ordinary
~, fndinE utterancc FIRST IN arEu-
rcst OF counsel. then in expressions OF
|o-tt .frVr1 the bench. NEXT n dicta
"a fuaA. Wh-n The bar and the con- :
siity htvs demanded 10 or have be-