The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1903-03-31

r4rjor courts Of Common Law and the
court of Equity were all held IN the
great han OF William Rufus. within a
rev feet Of each other. On the same pave
mtnt. without partitions. ! have visited
me historic room. AMI voade~e. ~ the
mental attitude OF great lawyers p
neId tenac!ously TO the idea that the
distinction between Law aud equity was
something foreordaine1 IN the very ma
.jure Of things. indispensable. and N some
'I.dennable way connected with the
maintenance of our liberties. Yet that
sytem would permit a man 10 obtain a
Judgment. IS a sacred right. IN one spot
in that great hail. when a few feet away
another court was sitting. within hear
ing. and without any Wall t. bostruct
he view that would hold him an IN
considerable rogue # h should offer To
enforce his Judgment. and would lay him
.by The heels if he attempted to 10 80.
and even on the law side Of the docket
Ia ROYAL commission reported, so late as
1881. there is at present no authentic
enumeration Of al the forms Of action.
SO doubtful were even the most expert
|pncnd lawyers as to the limits OF the diff
ferent forms OF actions that i IS SAID
that old Judge Cowen. OF the Eew York
Supreme Court. died in the belief that
we had mot yet sounded the depths OF
trespass on the case and the great
Judge Story was possessed Of the belief
that equity could reform a policy Of
insurance.
1t IS little more than fifty years since
the movement began that in England and
in most Of her colonies. and in the great
-+ Il. 49, Jrr;+,3 G49tac hoe CRyant
away the distinction $50 far as procedure
goes) between law and equity, and be-
tween the forms Of action. and has sub
stituted one form of action in which the
plaintiff shall plainly and intelligently,
without undue repetition. state his
ground of action and the defendant shall
reply in the same way. SO that the case
shall be tried on its merits and in a
buSincss-like way. 1t was unavoidable
that the new system should be intrusted
for its workings at first to judges and
lawyers who had grown up under the old
system Of technica1ities under which form
was more important than the substance
of legal proceedings. 1t was another In
stance Of putting new wine in old bot
ties" But the reform has mad its way,
and now by the evolution of time the ad-
ministration of the Code system, where
ever it has been adopted. is In the hands
of it's friends. In some States it has not
yet been adopted, and in others only in
a modified form.
Each State that has adopted the Re
formed Procedure naturally thinks it
has the best. In fact. however, England,
ul-tra-conserative as it is, has the
simplest and most advanced system.
There Parliament simply abolished the
old courts and distinctions in forms Of
actions and between law and equity, and
authorized the single new court that was
established to prepare rules to regulate
procedure. This has been done in a most
admirable manner. It is oubtfu i d
simpler and more logical procedure could
he framed than that which now obtains
in the mother country.
LABOR LEGISLATION.
The Statute of Laborers, 233 Ed III,
passed by a Parliament Of landowners
soon after the scourge called the Black
Death had reduced the number Of la
borers, provided: Every man and wo-
man in England, free or bond, able in
body and within three-score years, not
exercising craft nor having his own
whereon to live, nor land to till, nor
serving any other, shall be bound to
serve such person as shall require him.
at the wages heretofore accustomed to
be given" If he refused he was to be
committed to prison, and there was a
penalty for paying or receiving more
than the wages previously given. This
was to prevent workmen from raising
their wages on account of the scarcity
of, and greater demand for, labor. This
benevolent statute was not repealed in
England till 1868. So, it seems, pa
tern3liSm' is not q new thing and is
only Objectionable when it favors the
class it formerly repressed. Repeated
statutes subsequently empowered jus
tees of the peace to fix rates for wages
and inflicted penalties on any laborer
asking or receiving more. These statutes
were ollowed by a strong enactment in
1900 prohibiting any combination among
Workingmen to raise wages and denOunc-
ing labor unions as conspiracies, punish
able by Imprisonment. AS a ll-know
English lawyer writes, ITO speak OF
contracts between master and wOrkmen
at this time (180o) is a misnomer, for
there was no assent Of will on the part
of the workman or any real power 20
negotiate as to the terms of his so-called
contract"
For the last century there has been a
struggle carried on by the labor ele-
ment, both in this country and in Eng
land, until they have reached their pres
ent status. | need not describe what it is
now nor how far it is from satisfying
the demands OF labor; but it is enough
merely to refer to the state of the law
on this important subjeCt Gnc hundred
years ago ID indicate to the nncst oalc
less observation that on this ubieC there
has been marked progress in the law.
Down to 1871 labor unions were illegal
in England, and II cir members were often
prosecuted for and convicted of con-
spiracy. The Trades-Union Act of 1871
legalized such unions. but the Act was
amended and broadened as late as 1896.
Nor till 1875 did it cease to be a criminal
offense for a k to break his con-
tract of employment.
The statutes in England and this
country restricting the hours of labor and
fixing an age under which children cannot
be allowed to labor in mines or factories
are all the product of the last thirty
wears. Most of them iDdaa5 bava ~