The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1910-09-19
pCmcaao Daily NcvsD


This is the conviction of Roscoe
Pound. 1rofesso. III law at the Uniyer-
s..y of Chicago. voiced today in am al.
dress which he had prepared for de
livery at the seyeuUsiXth e1ny4
cation TO be held at the University of
Chicago late this afternoon Prof
Pounds address. the subject of which
was The Law of the People, bristled
with myeciye and statement Of fact.
The address was planned as the
elimination of a day of festiviF at
the Midway university marking the
closing of what was declared to be .
the most successful sumer quarter
the institution has experienced. Stu
dents in cap and gown, upon whom
degrees We're TO be conferred, and |
parents and friends of students thus .
honored. crowded the campus during .
the day previous to the delivery Of |
Prof Pounds address and the confer
ring of the degrees.
Lawyers and People Differ.
While the lawyers believe that
the principles Of law are absolute,
eternal and Of universal validity de-
clared the professor, "and that law
is found. not made, the people believe
no less firmly that it may be made
and that they have the power TO make
it, While, to the lawyer. the state
enforces law because it is law, TO the
people law is law because the state
respecting their desires. has so willed.
1T is becoming. a commonplace to
assert that we are lawless people,
and the complaceny with which the
charge is received goes some way to-
ward establishing it, It should be
remembered, however, that we are
also a law-ridden people, and the com
Dlacency with which we sustain our
burden suggests that it rests lightly
upon us and confirms the charge Of
Iawless. But such a suggestion would
be superficial
Law flinders, Is Charge.
Where else would a democracy, pc
culiarly sensitive upon such subjects
permit questions of economics and
social welfare TO be made into lega
questions and tried as incidents o
private liugation?" he asked. "Wher'
else would the public look patiently
upon the everyday. American spectacle
OF law paralyzing administration? A
most every important measure G
police or of administration encounter
an Injunction. Not long ago, one of GU
states saw the collection Of taxes fror
railroad companies, needed for til
everyday conduct Of public business
tied up by the order Of a court, rattle
than to the legislatures, to determin
the permissible limits Of concerto
action by laborers in industrial dis
putes. No people give so much powe
to its courts no people make S
many vital problems Of state an
society into legal questions and CON
nit them TO the judiciary"
Courts Procedure. Ridden.
In another respect also we are
law-ridden people" he went on. "Whs
in other lands is committed to az
minstration, inspection and eXecutig
supervision the glo-Amerlca
leave to his courts. Our courts ar
prOcedure-ridden. An inhnity of d.
tail-aud often Of arbitrary detail
regulates the admission Of evidenc
The charge of the court is hedge
about with minute rules. In more tina
one jurisdiction lit is hardly too muc
to say that codes and practice act
endeayor to regulate every act Of tn
judge from the time he enters tn
courtroom So rule-burdened are OF
courts in this respect that their eff
cheney is greatly hampered and on
may say fairly that the uncertaint
delay and expense, and, above al
the injustice Of deciding causes upC
points of procedure, which are Il
mere etiquette Of justice, have crea
ed a deep-seated desire to keep o
ot court, right or wrong on the pa
of every sensible business man in ii
community.
Initiative Is Discovered.
But the main reliance Of our leg
system continues Prof Pound,
individual initiative in bringing ma
tiers before the courts. The ma
security for the peace at common Ia
is private prosecution Of offender
The chief security for the e1lcien
and honesty Of public officers is ma
damus or injunction by taxpayer
prevent waste Of the proceeds
taxation. The reliance for keepl
public-service companies to their du
Of treating all alike at reasonat
price is an action to recover damage
But, apart from other causes, Z
procedure ridden condition of 0
courts would suffice 10 break doy
this system of individual initiati'
Private prosecution has become 0
solete. Mandamus and injunction
have failed to prevent plundering
unIIic Lmnls pIlNaIn smiIs nraiI