davidaulloa/AmericanStories huggingface dataset:
Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-08-28
Legislation as an Agency.


1--WE have now reached by far the most
important remedial agency for the amelio-
ration of the law namely, legislation. This
fundamentally rests upon the doctrine of
legislative omnipotence. In Great Britain.
parliament has absolute power. In the
United States, the same uncomfortable
power has been vested by the people in
the legislature, subject to the limitations
imposed by the federal and state constitu-
tons From the nature of this power, 1t
is obvious that in this field of reform tu-
dcal action is limited.
Before the division between the legisla-
tive and judicial powers of the government
had become so sharply defined the courts
as we have already pointed out vigorously
protested against the power Of the legis-
lature to enact valid law which was In
violation of natural justice and common
sense.
Although the doctrine of equitable con-
struction has been disowned as encroach-
ing upon the exercise of legislative power,
the courts still call to their aid. in their
efforts to make statute law conform to the
dictates of common sense, essentially the
same principle in another form. They now
declared that a statute should be construed
with reference to its spirit and reason.
Presumption Also.
THE courts have also employed presump-
tons extensively to make statute law rea-
sonable. There is the presumption against
injustice; the presumption against an alb
surdity. or absurd consequences; the pre-
sumption against inconvenience or hard
ship; the presumption against an impossi-
bility; the presumption to public policy.
which means that the legislature does not
Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-08-28
Belts and
Wrist Bags.

White Leather Belts. Special Rr
tomorrow at. w.
White Figured Madras Wash Belts.
high grade The usual 2oc. belt; II
tomorrow at. ~
Large size Wrist Bag, usual DE-
price soc. Special tomorrow at AO~s
Automobile Bags with purse hM1
inside. 75c kind; tomorrow at ~ty(e
japanese Nitsuh Bags; leather lined;
finely finished. Usually $780, ca OQ
Special tomorrow. ~
First Floor
Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-08-28

intend to violate public morality, or the
principles of sound public policy
THE invocation of the doctrine of reason
ableness by the courts in aid of progress
illustrated in the conflict between legisla-
tive omnipotence and the constitutional
guarantees of personal liberty and equality
secured by the Fourteenth Amendment to
the Constitution of the United States.
The Highest Statute.
"Our highest form Of statute law Is the
federal Constitution. With respect to this
paramount law, the Supreme Court has
pursued the method of Interpretation which
conforms to natural reason. Recognizing
that the supreme law Of this great cluster
of states must harmonize with national
growth, its canons of construction may be
said to rest upon the precepts OF the law
of nature, upon the doctrine of intrinsic
reasonableness. They are, In substance.
body of rules demonstrable by natural hui
man reason.
"a constitution, 1t is held. is a frame of
government intended to endure for ages.
It is not rigid code. but declaration of
general principles. 1t Is not governed by
the rules Of positive law. nor by those
which apply to ordinary statutes charters.
and private writings It is to be construed
fairly. literally, and on broad, general lines,
In order that it may accomplish the great
purposes of its founders. and carry into
effect the principles of government for
which it was organized
Graphing Great Realities.
at Is by graphing with the great living
realities that legal conclusions are reached
which meet social necessities. Laws should
be Interpreted and decisions rendered In
the spirit of the present. not of the past.
Logic and due regard for precedent should
Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-08-28

be combined with the statesmans breadth
of vision.
Consistency may be extended too far;
it is sometimes doubtful virtue. Had
Jefferson been consistent, we would have
lost the Louisiana purchase Had Lincoln
been Consistent. slavery would not have
been abolished. The obligation we owe is
not to the past, but to the present. Ancien,
civilization looked to the past; Christian
civilization looks to the future. the ancient
idea of a perfect primitive society Is a po-
etc fiction; the modern idea of a society
growing more humane. more just. more
reasonable is a reanty.
IN tIfis spirit, let us carry on the work
u d. society has largely committed to our
hands. Recognizing the usefulness of le-
gal forms and presidents. may we ever
hold fast to the great truth that reason Is
the life and soul of the law
Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-08-28

A Young oolored man named Harry Neal
was found unconscious at McLeAh AveQpp
and Sd street southwest last night about D
O'Clock. and the police saw that he No
taken to the Emergency Hospital for tresl&
ment He recovered In q short time AAv
was able to go to his home In Anaco0t1A.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-08-28
May Have Been Beaten to Death.

Charlotte. N. c., reports say the grand
jury and the board Of county commission
ers are to investigate the circumstances sur
rounding the death Of Oliver Clark, young
negro, at one of the county convict oanp1
that his death was the result or an IN.
merciful beating administered by Henry
G. Little superintendent OF the camp.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-08-28
LAWYERS AssAIL TRUSTS.
American Bar Association Has Warm
Discussion on Subject.

American Bar AssocIHttou AHs Waf"
Discussion on Subject.
Reports from the session OF the American
Bar Association at Hot Springs. Va, show
that there was a spirited discussion OF the
trust question yesterday.
Walter s. Logan Of New York made
verbal report from the committee on COM
mercial law. He commended the national
bankrupt law. and then discussed the
trust question. He said 1t would have to
be settled by the lawyers: If they did not.
the demagogues would. II combinations
continue, competition Will cease, and COM
mercial Jurisprudence will eventually be
entirely changed. The committee, he said,
had reached the unanimous conclusion that
modern Industrial combinations should be
stayed.
Henderson Attacks Report.
Mr.. Charles r. Henderson Of Nebraska
Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-08-28
Ever Attended the
"ViCtOr" Concerts?

You're in the minority If you have not
These concerts occur each Saturday and
are a source of much pleasure to the
crowds who attend.
We've arranged a program for tomor-
row from 1 to 5 pm. and to 8 pm.
that we think will please. you. Bring
the children, too.
The object of these concerts is to bring
to your notice how much enjoyment
would result from having a Victor"
machine at your home.
We send the "Victor" to your home on
the payment of dollar. Ask about the
Victor Club.
Fourth Floor.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-08-28

with civilization, they gradually adopted
this new and more perfect system to meet
social necessities and public sentiment
Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-08-28
Legislative Power Not Absolute.

'If the judges, in their appeals to the
Law of Nature. have not succeeded in over
throwing the principle of the omnipotence
of legislative power where 1t is exercised
IN violation of natural reason and COM
mon sense, we cannot but admire the lofty
sense OF justice by which they were ac-
tuated in their protest against Its full and
complete acceptance under all circum-
. stances.
but the courts have gone further. They
have said that the Law of Nature is part
of the law of England. They have strug-
gled more and more as society has ad-
yanced in civilization. to make the law
conform to its teachings; to bring it into
harmony with natural reason manifested
in the consent of reasonable men. They
have incorporated this doctrine of
reasonableness into all branches of the law.
1t lies imbedded in the rights of person.
property and procedure. 1t permeates the
law of contracts and negligence. The exer-
else of the police power turns upon II. 1t
limits and qualities the enjoyment of In
divdual rights.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-08-28
Equity Of Natural Law.

They have built up equity upon it, and re-
lied on It's precepts for decision in doubtful
cases. They have founded the rules of con-
stitutional Interpretation upon it. The
principles of the common law which are so
frequently invoked by the Judges may be
said to rest on this doctrine-those princi-
pies which Chief Justice Shaw calls the
broad. general principles of justice. fitness
and eXpediency'
Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-08-28
Fiction in Equity.

But lawyers have done much more than
Incorporate into the law the theories and
doctrines by which its rules have been made
more rational in response to social changes
and advancing civilization. They have de-
vised those great remedial agencies. fictions
and equity, by which the work has been
largely carried on. 1t is almost wholly
through these instrumentalities that for
centuries the rules of law were enabled to
meet the growing wants of society; for 1t
Is not until a comparatively recent period
In the history of Jurisprudence that legisla-
ton has been relied upon to any large ex-
tent a remedial agency.
From analogy to Roman fiction. the Su-
preme Court of the United States has
of a corporation are presumed to be citi-
Gems of the state which created it, and that
no one shall traverse such presumption.
although legal fictions have been called
rude absurdities, they were. especially in
The early stages of turisprudence, highly
useful and beneficial instruments for ex-
banding the stern rules of law as society
demanded
when legal fcuons. In the progress of
society, became unequal to the task of
overcoming the rigidity of the rules OF
positive law. there grew up alongside of
that system a body OF principles known as
equity. AS the old rules became harsh
and unreasonable. and out Of harmony
Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-08-28

In the Music Dept.
Pianists are In attendance in our
Music Department Cbasemen) who will
gladly play any Of the following for
you:
"E ReaeeiIl H ssry;;.. Saturday,
''Thats the Way to Spell Choice at
Chicken"
Academy Girl Two-Step," SC
"Black Smoke u W.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-08-28
this same theory may also be {
rinciple that all men are born I
re entitled to equal protection {
which is found in the Declarati
Evidence and the Constitution.
The Law Of Nature.

1.-The doctrine of the Law of Nature.
whose primordal elements are uniformity,
simplicity, harmony. and equality. and
whose broadening influence upon the Juris-
prudence of the world has been SO potent
and permanent, is the doctrine of intrin-
sic reasonableness 1t is prescribed by
absolute. evident. and universal reason as
manifested in the consent of reasonable
men. 1t consists of body of precepts
which satisfy, and are in accord with right
human reason, and which are binding on all
mankind by virtue of their inherent rea-
soBableness.
while English Jurisprudence has not
adopted the Law of Nature, in the sense
of the civil law as the fundamental doc
trine underlying the whole system, our
courts have appealed to It's principles, and
have been governed by its precepts.
They have said that positive laws are
invalid which contradict the Law of Ma
ture; that 1t is binding In all countries and
at all times; and that no human laws are
Of any validity If contrary to this.
They have invoked this doctrine in their
assertion that acts of parliament which
were contrary to universal reason and
natural justice were void; that the funda-
mental principles of right and justice in
herent in the nature and spirit of the social
compact restrain and set bounds to the
power of legislation; and that the legis-
lature cannot take away that security for
personal liberty and private property for
whose protection the government was es-
tablished.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-08-28
New Books
just Quit

the new books of the day you
must visit our Book Depart
ment, Third floor. All the new
books appear here first. These
are some Just received:
The Red Triangle, by Arthur
Morrison, price. 81 .o8
The Victims Triumph, by Jose
phine Zeman. .ooc.
The Gilded Lady, by Will Glenn
ents, a remarkable detective or
mystery romance. .$I.o8
The Call of the Wild, by Jack
London, beautifully illustrated in
The Middle Course, by Mrs.
Poultney Bigelow. .$I.o8
Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-08-28
ON LAW OF REASON
Notable Address by Judge
LIE Baron B. Colt
BEFORE BAR MEETING
NATURAL LAW AND HOW IT has
BEEN DEVELOPED.
Legislative Power Not Absolute
What Bar Has Done to Clear
ly Express Law.
BEFORE BAR MEETING

HOT SPRINGS. Va, August 2S-Le
Baron B. Colt, United States circuit judge,
addressed the American Bar Association
Judge Colt said
1T is also true that the great body of
the law is founded upon the dictates OF
right reason, natural justice, and common
sense.
But, notwithstanding all this 1t Is an
historical fact that the growth and ex-
pansion of the law from primitive custom
TO the present time has been continuous
struggle between the rigid rules of posi-
tive law and the standard of reasonable
ness and common sense of society In It's
upward march to a higher civilization; and
the struggle still continues.
sAn through the centuries OF the laws
development in those two great systems
of jurisprudence which have been adopted
by the civilized world, the English law
and the civil law there has been con-
slant effort to bring existing rules into
harmony with advancing civilization.
A Difficult Problem.
ITO keep the rules of positive law as
nearly as possible abreast of social wants
and public opinion, is the difficult problem
which always has and always will confront
progressive nations. That gulf can never
be entirely bridged. A stationary body and
a moving body cannot be kept together.
Sometimes the spirit and temper of
society are far in advance of legal rules;
at other other times they nearly meet
Upon the expedition with which the breach
between the law and social progress is
lessened, or upon keeping them close to-
gether depends, in large measure, the wei
fare of society and the happiness OF the
people.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-08-28

Manderson Attacks Report.
Mr.. Charles r. henderson Of Nebrask
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-06-23
INDUSTRIOUS JAP WOMEN
No Matter How Rich They Are They Are
Taught to Sew and

Even the highest class Japanese women,
and no matter how rich their family
may be. are brought up to be able to sew,
cook and attend to their homes.
In Japan the highest class of women
never go to market. The market. comes
to them1that is, the dealers call and
offer their wares for sale at their Gus
toners doors. The fish merchant brings
his stock and, if any is sold prepares it for
cooking. The green grocer, the cake
dealer, and, nowadays, the meat man, all
go to their patrons houses.
Nearly all Japanese women make their
own clothes; at all events even the very
richest embroider their garments them
selves. Dinner is served at or little be-
fore dusk the year round. A small table
about one foot square and eight inches
high is set before each person. On this Is
a lacquer tray, with space for four or Ave
dishes, each four or five inches In diam
eter.
There are definite places for each lttla
bowl and dish. The rice bowl is on the
left, the soup bowl in the middle. Ones
appetite is measured according to tbe
number of bowls of rice one eats. 4
maid is at hand with a large box of rice
to- replenish the bowls. If a, few grains
are left in, the bottom Of the bowl she &
aware that those eating have had suffi-
Gent; but should one empty his bowl sh.
would once more fill it,
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-06-23

the church at s:15. The contests will be held
The Dorcas club Will meet Saturday with Miss
Alice Wingate at Richfeld.
Miss Mildred Willard Kenwood left last
week for Philadelphia and the seashore.
Minneapolis people at New York hotels Grand
Union, Miss Hegman; sNormandie, W. II. Gard
Fl. Wehnann. * ~ Is
The Mothers League of Unity Settlement will
give social this evening at the settlement
house, 1915 Washington avenue s. It is hoped
the outing fund will be considerably augmented
by the proceeds of the evening.
Eastman. 9. =. Norwood and Miss Ethel Clubs
were the guests of Mr.. and Mrs. Sarah Lane
Mr.. and Mrs. Cayton Mr.. and Mrs. Jordon, Sum
day. at their camp at Lake Sarah.
- Senator and Mrs. ". |; Gufan OF pawpaw
Stevens avenue. They are returning after an
extended trip thru California, Oregon and the
Yellowstone park, and will leave tomorrow for
their home.
The Coreopsis Sunshine Society will give the
home of Mrs. Howarth, 1920 Portland avenue
The proceeds of these socials will go to the pur-
chase of an invalid chair for one Of the charges
OF the society.
:. A porch party will be given by the ladies OF
st. Johns Episcopal chapel, Linden Hills, on
Wednesday evening, at the residence of Mrs.
hopkins, Queen avenue and Forty second street,
where Ice cream and strawberries will be served.
evening for the benefit of the building fund.
Saturday afternoon Mrs. Thomas Taylor enter
tanned thrty-siX little friends In honor of the
fifth birthday of her daughter Lillian. Games
furnished entertainment for the afternoon.
Dainty refreshments were served in the dining
pink roses and pink shaded tapers. Each child
was presented with and souvenir horn.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-06-23
A GRACEFUL GAIT
Footwear Chiefly Responsible for the Free
quent Absence of a Rare FemI-
nina

Il
Grace Of movement in walking is one
of the rarest charms in woman, and no
doubt the chief reason for the lack Of
grace lies in the footwear. Certainly no
woman can walk gracefully or with a
free and confident bearing if her whole
body is thrown out of poise by high
French or Cuban heel The woman
is yet to be seen who can exhibit grace
fulness while wearing exaggerated heels.
A thing to be borne in mind by the
large woman, or she who has large, I'M
calmly feet, is that she must wear COM
fortably fitted, laced or buttoned boots
at all times if she wishes to appear easy
in motion. She should never wear low
shoes nor slippers.
The sole should be rather thick, but at
the same time flexible, and the heel
about an inch high (not more) and always
even. Whenever a heel is worn off I'M
evenly, have it Strengthened without de-
lay if you wish to keep your feet and
ankles strong, straight and shapely and
your carriage graceful.
Another matter that is vital, perhaps
not so much to grace as to health, is that
Of keeping the feet and ankles warmly
clad whenever. the weather is cold or
damp. The time of greatest danger is in
the fall, when the first cold days and
nights come. We have been wearing
thin hosiery and perhaps low shoes all
summer and for some reason we feel
10th to change with the weather. But we
must. and promptly, too, if we wish to
avoid taking cold or contracting some Sc
rious chronic trouble; SO the first day that
your ankles feel cold and you feel de-
sire to draw them up under your skirts
for warmth, put on your boots, and when
the weather gets colder still and perhaps
snowy, don WOODEN stockings. 1t pays
to keep the feet warm at all times; moth
ing pays better, physically.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-06-23

equally good,' he said. blandly. ''They
are particularly good at this time of year
between winter and spring-as they act
on the liver and take away that tired
feeling that numbs the brain as well as
body. The carrots are not alone good
for ones health, but they are fine for
hair, eyes and complexion. I've even
heard that they make the nails grow
well. A manicure told me so. AS for
skin and hair-well, you know, if you've
ever lived in the country, that they give
carrots in abundance to horses whose
coats are not soft and glossy enough to
suit their ,ostlers. Well they have the
same effect on human beings
And thus, by presence of mind, a glib
tongue and a benevolent manner, did this
doctor skifully veil blunder, but made
the blunder rebound to his credit and to
his reputation as physician of wonder
full discernment and sense.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-06-23
HAMLINE

Mrs. Drew is visiting In Winona. ~. -
Miss Nellie Merrill is in La Crosse.
Miss Hens has gone to Indianapolis
Mrs. w. H. Weimer is in northern Iowa.
Miss Frances Peterson has gone to Geneva.
Miss Emma Wenger entertained at dinner Sun
day.
Miss Flora Shove has gone to Chicago for
visit. .-.-.... -. .--.-...-.--...
Miss Viola Spencer has returned to Wa
basha. g..
Mrs. 0. H. Elmer entertained at luncheon
Friday.
Miss Field has gone to California for the
summer.
Mr. and Mrs. G. o. Parks have returned from
the west.
Miss Florence ostrander has returned from
Wisconsin.
Mrs. J. A. Lewis, OF Mankato, has been guest
Of Mrs Holly.
for the summer.
st. Cecilia guild was entertained Friday after
noon by the Misses Bryan.
Mr.. and Mrs. Benham entertaining their
daughter, from Brooklyn, N. Y.
Mr.. and Mrs. J. W. Martin have been enter
tanning relatives from Chicago.
Miss Sarah Noltimier, Of Newport, was a
guest of Hamline friends Sunday.
Mrs. c. Atkins is entertaining Mr.. and Mrs.
J. Carver and daughter, of st. Cloud.
Miss Eunices Atkins, of Elk River, has been
the guest Of Mr.. and Mrs. s. II. Atkins.
Mrs. Haley entertained the Ladies' Aid So
ciety Of Knox church, Thursday afternoon.
Mr.. and Mrs. Walter Ryan entertained st.
Paul friends at dinner Wednesday evening.
Mrs H A.. Flint entertained at cards Monday
evening, and at thimble bee Wednesday after
noon.
Mr.. and Mrs. Reed johnson, of Minnehaha
street, entertained informally at dinner last
Sunday.
The W. G. T. U. gave parlor meeting Friday
evening at the home of Mr.. and Mrs. Winston, of
Smelling avenue.
and Mrs NJ. L. Ho1fey, has returned to her
home at st. Peter.
Mrs. and Mrs j.. H. Hackney entertained at
dinner Thursday evening in honor of Mr.. and
Mrs. E. E. McCrea.
Miss Helen Munro, matron Of Ladies' Hall,
expects to leave this week for Regina, Canada,
to spend the summer.
Mr. and Mrs. Childs who have spent the win.
ter with MIR. and Mrs. Reed johnson, have re.
turned to their eastern home.
Professor and Mrs. Filing Hove are attend.
ing the golden jubilee of the founding Of the
Lutheran church, in DEBORAH, Iowa
Professor and Mrs. John Ylvisaker, with Miss
Ylyisaker are attending the national synod OF
Norwegian Lutherans at DEBORAH, Iowa.
Miss Berg and Miss Thorgrinsen accompanied
their uncle Professor II. G. Smith, to the Luther
an synod now meeting at DEBORAH, Iowa.
The graduating class of Luther seminary will
receive ordination at the meeting Of the nationa
synod at DEBORAH, Iowa, which meets in conjunc
ton with the jubilee services held there from
June 1s to June "a. About 1000 delegates are
expected to be present at that meeting. Rev
Mr.. Koren, who was member Of the first churcf
founded there fifty years ago, is president
of the Lutheran school at DEBORAH and will as
sst in the jubilee services.