The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-06-30
BENCH AND BAR MEET AT BANQUET BOARD
AND LEGAL LIGHTS DISCUSS MANY TOPICS

autocrat or the emanation OF the brain
OF some doctrinaire. II IL growth, not
n creation. II Is practical. not specu-
iative-the reflection and embodiment
OF the life and experiences OF grow
ing, liberty-ioving. self-governing peo-
freedom II has grown out Of actual
cases, arising under all sorts or condi-
lions and circumstances In the words
OF SIR Matthew Hale. 1t Is most certain
that time and long experience Is much
more ingenious, subtitle and tudicious
than all the wisest and acutest wits.
co-existing in the world. can be- II dis
covers such varieties OF emergencies
and cases. and such ACKNOWLEDGEMENT
things. that no man would otherwise
have imagined. And on the other side.
in everything that Is new. at least in
most things especially relating TO laws.
there are thousands OF new occurrences
and entanglements. and co-incidences,
and complications. that would not pos
sibiy be II first foreseen. And the rea-
son Is apparent: because laws concern
such multitudes. and those OF various
dispositions. passions. wits. interests,
concerns. that IL Is not possible for any
human foresight TO discover at once.
OF to- provide expedients against. in the
first constitution OF a law. so
that In truth ancient laws. especially
the issues OF the prudence OF this OF
that council or senate. but they are
the productions OF the various expert
ences OF the wisest thing in the inferior
worid-to wit. tlme-which as IL discov-
ers: DAY after day new Inconvenience.
so IL doth successfully apply new rem
edies: and. indeed, is a kind OF aggre-
gatlon OF the discoveries. results. and
applications Of ages and events.
Where the subject OF any law Is single.
the prudence OF one age may go Tar at
one essay TO provide a fit law. and yet,
even in the wisest provisions OF tnat
kind. experience shows us that new and
unthought-of emergencies often happen
that necessarily require new supple
ments. attachments and explanations. "
Nor has the common law with its al
legged two millions OF rules YET become
a finished product. For. when the law
shall cease 10 grow IL viii be n sure
sign that the people have ceased TO live.
Life IS change. The adaptability and
law has been well exemplifed in It's
practical application to the swift and
striking but almost uninterrupted
transition from a state OF barbarism to
one OF civilization in these islands
This has often been remarked. Mr.
Washburn. for example. in his work on
easements. devotes two pages to the
application made OF the common law
rules 10 the peculiar system OF water
rights In these Islands In the case or
Peck vs. Bailey. decided In 1859. saying.
among other things. that the case and
the decision illustrate the facility with
which the principles OF the common
law may be adapted and ap-
piled TO n country whose physical con-
dition differs essentially from that IN
which the common law originated In
it's spirit OF freedom. It's capacity FOR
growth and its peculiar fitness for "A liv-
ing social organism. the common law
compares with other systems of juris-
prudence. over the best OF which IL tri-
umphed IN it's earlier history in actual
conflict through the zeal and courage
OF the English bar-compares. say.
with those systems much as does the
Christian religion with other religious
systems. II In a savorite theme for en-
comiums In these respects.
ENGLISH LOVE OF PRECEDENT.
But. deserving as IL is of such eulo-
giles. IL nevertheless teens with imper-
fections. Moreover. its defects and
merits are due TO the same cause.-the
very nature of the origin and growth
of the system. II was built upon the
Englishman's love of precedent The
Engiishman is conservative and resists
change. The system was idolized- It
vas almost traitorous to question IL.
Like a pinching shoe. to which the foot
has become accustomed. its defects
va t1nnnffned To faChnicalifieS -