The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-10-30

ccived and born in tho spirit OF a come
mon Law, and that this recognition OF
the common law by Federal courts in
civil cases Irrespective OF the common
law OF the Stated seems to have arisen.
out tf necessity. as the very breath OF
the Constitution itself. In the case Of
United States VS.. Wong Kim, Ark, the
court adopted the common law rules.
which made the place OF birth OF tne
person the criterion OF nationality. 4-.e 4
court had to adopt some rule and re.
sorted necessarily to the common Law.
The decision was recognized that that
rule was In force III I'LL the English
colonies upon This continent down 10 &
Tho time OF the Declaration OF Indepen-5
dercc, and In the United States after
wards. aud continued to prevail under
til, Constitution as originally establish
cd Under this and numerous other
decisions" he adds. ut is now well set-
tied that the common law rules OF In
5terrretation must be looked to, In inter-
rreting the Constitution
He then addresses himself to those
cases which recognize the common law
civil Jurisdiction OF Federal courts, and
hrst OF ell he cites the case recently
noted In these columns and subsequently,
by Judge ParkeY--that OF western Union
Telegraph Company VS.. Call Publishing
CONF any. decided by tho Supreme Court
III 1900 Our RAIDERS are already familiar
with this case, and II Is sufiic!ent 70 say
tina the Court expressed itself as being +
/ clearly OF opinion that the rules o. me
common law are operative upon AL In
tcrltate commercial transactions. except
20 far as they are modified by Acts OF
ConEre. So
Mr.. Cary asks. 1T the rules Q: tho
common law are operative upon all In
tcrstate commercial transactions. arc
they capa bic Of enforcement only by the
,,S 4 ba var
be enforced by tho Federal courts? we
find no diflcnlty,9 he replies. IN answer
ing that the Federal courts have this
common law Jurisdiction. for the au-5
tnorlt!es cited by tire court to ssss2h
Its ruling were cases IN which tea-
era1 courts thus exercised a control oyer
corporations gagged in interstate com-
mcrce, nor was the common law 81 any
state sought to be enforced or IN any
way brought In question. !,
Mr. Ca; y then quotes from section .,
Article III, OF the Constitution, already
referred to. and shows that N m inns sec .,s
ton we have a clear recognition OF the
existence OF three separate systems OF
law, equity and admiralty, and he asks
IL the Constitution recognizes the eS-s.
|rtcncc at the time OF Its adoption OF az
three systems of Jurisprudence, ana the
Supreme Court, without congressiona en- K
actment, has construed the Constitution
as comforting upon the Federal courts
both admiralty and equity jurisprudcnce'
is It not true that the same Is true IN
regard to the common law 10 ms 't'it ti
| this reasoning Is unansWeraDle
Having thus disposed OF the question
from constitutional point OF view, le
Lsla. the reader to look to the course
81 judicial action IN this particular and
cites number of cases IN polnt. ~, ~
have not the space to make these clta-
tons In detail, but the decisions are sun.
Client to show. as MI. Cary CLAIMS, il1a1
the courts have in numberless cases us-
sumed a common law jurlsdlc. - WIZ ", -
eve, tho exigcncics demanded it, ana ~
further shows that Congress Itself I'M
n,Iedly recognizes the existence o.
Federal common law.
| In conclusion he says that nc ch!lnps
better sum UP his own opinion tnan ~
adopting as his own the ianguasc =,
Judge. Shiras: .'The true doctrine IN my
Judgment, Is that the Constitution OF inc
United States. when 1T was adopted gays
full recognition to the existing systems
OF the law OF nations, OF udmlra1ty u''u
maritime, Of tho common law, and equity.
It apportioned tYitile Nauonal Nioy-
eminent, then created, control over cor
tain subjects. exclusive as to some, con-
| current rs to others This apportloh'
ment OF control over certain subjects ne
cesstated tho exercise OF both les!s!h.
tive and judicial powers, and p Foyls,o.'
was made forth former ~ tilc et ,l>!,,s
OF Congress, and for the latter ~ INC
creation Of the Supreme Court, mo ~ ~
comforting authority on Congress 70
create other courts. The courts thus
created wore vested with jurisdiction n
admiralty and at common law and N
This is a very imperfect synopsis o. 9.
Mr. Carys admirable article, nu. ! spn ,,e,
| does not, permit n more extended no
ti Gss and , those who would read the arr
D ti cLl in full are cited 70 the October
number OF tho Virginia Law R isea'I =,
Which, pays Mr., Cary tho compliment O
| giving his paper first place i