Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1905-11-24
ThQnR5ONBELDENd(,Q
Howard and Sixteenth Streets.

The thanks of the association was ex-
ended to the committee.
Address by Pound.
Judge Pound then gave the address OF
lhe morning. After tracing the history of
the common law through its successive
stages of being. showing the process
through which II passed in order to attain
its majesty, he continued. i'm part. only
excerpts of his address being given;
superfcially. then, the triumph Of the
common law seems assured. Nevertheless
jurists are by no means certain that this
Is so. The most obvious danger, and the
one most frequently adverted to, is lesis-
cannot think. however there is any
real cause for apprehension from this quar-
reasons, In the first place. there is little
IN legislation that is original. Secondly
everything indicates that Qualifications. as
SUCH is still far remote.
TO my mind, the real danger to the com
mon law is In another quarter. Hitherto
the people have been with it. Today. for
the hrst time, the common law finds itself
arrayed against the people; for the first
time. instead OF securing for them what
something that continually stands between
them and what they desire. 1t cannot be
dHned ne with our esa sSste
There is a feeling that IL prevents every;
boaras Win Summary adninistTstive and
inquisitorial powers are called for, and
courts are dlstrusted. Partly, Of course,
for the truth. exact ascertainment of the
facts and strict justice. When everybody
may, learn all the facts In ten minutes =
court six months to reach a fragment Of
-them2 But in large part this dissat isilaes-
No amount of admiration for our trad
tional system should blind us to the OBJ
y ps tact rae ina ID and fSH or the in
trenched position in which our legal ana
political history has put him and too little
come in conflict with the Individual, TO be
in touch with the present age: a gI .bace
Il. one 81 the d sga today
Notice the Decisions.
Take the one subheading under
constitutional law, interference with
decisions. Three Of them hold eight-hour
laws unconstitutional; two more hold stat
oaF desy eeef Of to SeGa s
the periods at which certain classes or Ia
borers shall receive their wages; another
passes adversely on a statute prohibiting
the practice of fines In cotton mills an
other deals In the same way with statute
prohibiting corporations from deducting
from the wages of employees to establish
hospital and relief funds; three overturr
acts regulating the measuring of coal fol
the purpose Of fixing the compensa ton OF
miners; two hold void statutes designed
to prevent the payment OF employees II
store orders; another passes adversely OF
an act requiring laborers on public con
tracts to be paid the prevailing rate OF
wages another denies effect TO an act re.
quirng railway corporations to furnish dis
charged employees statement of the causes
OF their removal while another decides Il
unconstitutional to prevent employers from
prohibiting their employees from joinih5
unions or from retaining membership II
unions 70 which they belong. / do MOI
criticise these decisions As the Law
stands, do not doubt they were rightly
determined. But they serve to show tina
the right OF the Individual to contract as n,
pleases is upheld by our legal system Al