The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1904-01-18

ltu ion tn America iu 1888. and the pas
Isase OF the reform bill Ia England IN
1882. mo idad by legislation to NEST
ths deveopmeEt of bustaess and
changes in social life the common law
lof England has grown with the growth
and strengthened with the g rength Of
the Anglo-Saxon race in its course Of
conquest and colonization In every
part of the habitable globe 1t pre-
sents a wholly independent system of
Jurisprudence. second only TO the civil
law in it's influence upon civilization,
and far surprising the latter In its con
ltributions TO human freedom It has
taught the iessoL Of representative
government TO every European nation
except Russia. ana even despouc Rus
sia itself has learned with the rest
the Anglo-Saxon principle of trial by
Jury
II has two great defects The Anglo
Saxon race In its zeal for liberty mas
never provided adequa means for the
repression Of crime. This defect was
at no time more manifest than in our
own country today where individuals
assume the rigat of personal vindica-
tion. and mob law seems sometimes
almost necessary for the protection of
3ocie " Here especially we can take
with advantage some leaves from the
chapters OF the civil law on criminal
procedure
Another defect is IN the way in
which II is embodied This renders it
uncertain and makes it impossible gor
sry enc 20 master it; uncer ain. since
no one can ten when ecision may
not De produced as an authority
against what seems a plain proposi-
ton and impossible of ascertainment
Isinoe no living man can master the
volumes ia which it is con aimed
Thousands Of years ago King Solo
mon declared. "Of making many
books there Is no end and muca study
Is a WEAKNESS to the flesh" yet, even
Solomon never set down in a law li-
brary of twenty thousand volumes of
statutes. text books. diges and re-
ports. to prepare an opinion on a con
troverted question. or to brief a case
for an appellate court
After the lapse OF a thousand years
we find the learning of the common
law as confused and as confusing as
did the Roman lawyers the Roman
law twelve hundred years after Romu-
lus. but as yet there has been found
no commission wise enough to codify
it, and no authority exists to give such
: code the force OF law Even the at
tempt to embody as simple a matter
as the law of negotiable paper in a un-
e form statue must pass the ordeal of
], nearly fifty legislatures. many of which
- are too much occupied with political
g squabbles and personal schemes TO
~ give the matter any attention.
y The common law requires Tribon-
y ian. but where he is 10 come from, and
IS where he can be found the Justinian
who shall make bis work authoritative
ie lies in the undiscovered future.
u The Mohammedan Law
= The third great system of jurisprud.
ls ence Is Mohammedanism a combina-
'n tion of religion and civil law founded
OF by the famous Arabian prophet; the
d. range genius whose earlier medita-
tions and physical disorders made a
fanatic. but whose conduct in later
years and after he had become sue
cessful shows that fanaticism often
y tncured with conscious imposture.
He began his career at the begin
ming of the seventh century with the
d, proclamation of the grand idea Of the
= Unity of God and the futility of IDOL
- worship which he gradually expanded
! into a complete religious system, and
a after his removal to Medina among a
- population of friends and disciples.
:, coupled this with a civil government
>, of which he was the absolute SOW
!, ereign
"a From time to time he gave forth ut.
4, serances which he claimed to be and
which were accepted by his followers
as divine revelations. These were re-
corded. am upon his death collected
'e into the Koran, the sacred book Of the
Mohammedans. II Is a curious mix
"a ture of exhortations and admonitions.
% ethical principles and civil laws, tales
y and traditions, mostly derived from
is Jewish sources. II has ever since been
u held as the unquestionable word of
he God by his followers, who now mum
e. Der over a hundred and twenty mil
Y lions Of human beings, ami who hold
20 their faith with a zeal so intense and
"a fervent as to put to shame the mere
IS Indifference of other religiodsis
ID, After the establishment of mis- sover-
rteiguty he became necessarily a law
r. giyer and a supreme Judge, and many
~ of the laws enacted and decisions
" rendered by him were preserved by
" tradition and collected eighty or nine
lt ty years after his death into separate
n treatise, the Sunna or customary law,
IN which. though not like the Koran be.
m lieved to be the word of God. is still
he followed having for its support the
n authority OF the prophet
ID The Caliphs who succeeded him
n soon established an immense empire
le including Arabia and Western Asia,
" Egypt. North Africa and the greater
1T part OF Spain. and gave laws and ad.
b. ministered justice TO nearly one-fourth
h. of the human race Some of the de-
be cisions of the earlier Caliphs rendered
IT. where the Koran and the Sunna failed
ir 10 furnish an applicable rule, were
M ala. cnIIanLnA aud l.aal-a n .mnrln an anI