Daily capital journal. (Salem, Oregon) 1903-1919, 1904-09-12

at the time of its colonization, while
another colonized at later period
would take for its law in addition to
the laws of the earlier colony such ad.
ditiOnal acts Of parliament as were
passed prior to the colonization Of the
later colony. Then it would seem to
follow that our common law rules would
not be uniform throughout our coun
try, but would depend much upon the
time of the settlement of the partieu-
lar district. But with relation TO our
Western states and territories which
were hardly even colonized in fiction
when the original states declared their
independence it would seem that the
authorities would agree that our com.
mon law would be the common law of
England, together with all acts of
parliament, applicable to our situation
and system of government, enacted
prior to the Declaration of Indepen
dence. All authorities agree that acts
of parliament passed after the Decla.
ration of independence have no bind
ing force in this country.
A modern work on the laws of Eng
land would be poor work for us TO
study in order to learn what our com
mon law is, because, there have been
many changes made in the English
laws since 1776, which would not be
of any force in this country. In or.
der to properly study our common law
it would be most desirable to find a
work treating upon the laws of Eng
land up to the time of our ceasing to
be under English rule. The work that
comes the nearest of filing our re.
quiremeuts was published by Sir viii
liam Blackstone between the years
1865 and 1869. He wrote commenta.
ry upon the common law of England
and laws enacted by parliament which
was almost universally accepted by the
bench and bar of England, as well as
in this country as unquestionable au-
luuIllNs llt udu oullt tiAlANS1 bub tbh7
isidering the magnitude of the subject
upon which he wrote it seems phenom-
email that it should have met such
universal approval and that the learn
ed men of his time found so few mat
ters to criticise,
In our country the critics of Black
stone are naturally divided into two
classes. The first class consists of
few learned men who have studied well
the principles of law as set forth in
Blackstone and also the criticisms of
his contemporary critics and who have
in some few respects disagreed with
Blackstone. The other class, which is
the more numerous, consists Of such
persons as employ their time trying to
devise means whereby they can obtain
knowledge of law without applica
tion and faithful study, and who have
abandoned the study of Blackstone be-
cause it was too difficult for their lit
tie minds to grasp. This class of per-
sons becomes the most ardent advo-
Gates of systems whereby a student at
best obtains but bare smattering of
law. These persons are lawyers only
in name; their egotims often induces
them to write books under titles of
comprehensive legal topics, but the
matter of their text is so erroneous
and shows such a general ignorance of
the subject they undertake to treat,
that we are forced to the conclusion
if they had properly read and under
stood Blackstone their books would
have been more accurate, and they
would blush with shame not only at
their writings, but also at the gross
ignorance of their criticisms. Giving
us another illustration of the poet
"That fools rush in where angels fear
to tread"
The common law of England is the
grandest system of laws known to man.
"It is not the product Of the wisdom
of some one man, or society of men,
in any one age; but the wisdom, coun-
sci, experience and observation Of
many ages of wise and observing men. +"
And while we ceased TO be subjects Of
Great Britain, we did not see proper
20 abolish her wholesome laws. We
did not become "bold projectors, who
can think of striking of a perfect code
of law at single essay. Where the
subject of any law is single, the pru-
dence Of one age may so far at one
essay to provide a fit law and yet,
even in the wisest provisions Of that
kind, experience SHOWS us, that new
and unthought Of emergencies often
happen, that necessarily require new
supplements, attachments, or explana-
tion. Bat the body Of laws that con
Germs the common justice applicable
l.. =. III