Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1911-12-19
CHAPTER ".


sanely conceited as to imagine himself
able to surpass King Solomon and in
vent better laws or better system
of administering them than we
have at present, but 1t would
be very simple matter for
any good student to discover those
which are far better. The ancient
Egyptian civilization is believed to
have lasted about five thousand years,
the Chinese civilization has lasted
over three thousand, and the Romans
were very highly civilized for more
than one thousand. They must have
Learned much from experience in this
great length of time. 1t is easy to
compare our crude system Of English
common law with these three admira-
BILE and independently developed sys-
TENS, and it would be as easy to Sc
lect the best features from each one
and substitute them for the worst fea-
lures of our own.
It is not unusual for witnesses in
our courts to lie under oath, but per-
Jury was a capital offiense with the
ancient Egyptians; therefore, all tes-
timony must have been perfectly re-
liable. No cause in any of their courts
could cost either side anything: for
they had a maxim that, IF justice
must be paid for only the rich can
get it." Consequently there was no
inducement for scuff1ing hordes of
touters, runners. ambulance-chasers
and legal sharks to infest their tenn
pies of justice with their trumped-up
actions and suborning of testimony
and prey upon the ignorant and the
unfortunate, as is so common in our
courts today.
Cases in our courts are being con-
tinually appealed and decisions re-
yersed at heavy expense because
there are many incompetent judges
who know very little law but imagine
themselves to be oracles Of legal truth;
and therefore decide incorrectly. The
Chinese have avoided this by having
their laws administered by magis-
trates and judges who pass highest
in competitive examinations which
test the candidates natural ability,
his knowledge of law and his general
information on all subjects of i'm
portance. Consequently every Chinese
Judge is known to be a man OF su-
perior ability and learning, and is SC
highly honored that he will stay on
the bench regardless Of the pecuniary
possibilities there or elsewhere. BY
their system 1t is not possible for
railroads to have their lawyers or for
politicians to have their relatives put
upon the bench. 1t is very difficult
for anyone to find out what our laws
are upon any question, and almost i'm
possible to be at all certain what they
mean when one does find out; but
the Chinese have complete code OF
laws which are written so that they
can be understood, and those who un-
derstand them best are encouraged to
explain them to others. AS result
of this. Canton, China, in which there
is an estimated population Of over
1900, 900, has but two courts, and
they are not kept very busy.
The Romans discovered laws which
were common to all the nations they
conquered. They believed these laws
were natural and just and, assuming
that they were correct, based their ad-
mirable system of equity" upon them
Our equity is descended from and is
based upon the Roman idea of reason
and natural justice, while our law is
based upon the arbitrary old English
idea of formality and chance. One
idea is so far in advance of the other
that it causes us to have two kinds
of courts or two systems of jurispru-
dence at the present time in the United
States, and it is a most astounding
fact that there is now in full force an
inflexible maxim that mo court OF
equity can assume jurisdiction of any
case except where the courts Of law
are inadequate" If this could be re-
versed everywhere by statute and be
made to read mo court of law can
assume jurisdiction unless the courts
of equity are inadequate" the ir-
rational and antiquated common law
ideas of chance and luck would be
very nearly abolished and superseded
by ideas which are more beftting tc
an enlightened people.
Equity is as fair and reasonable and
just as it has been possible to make
it; yet those judges and lawyers who
know only common law have always
shown great hostility to equity, and
no common law judge who is unfair
unreasonable or unjust can administer
it correctly. The tyrannical way in
which such judges have issued injunc-
tions shows that it is dangerous tC
empower them to do so.
1t is the universal custom in busi-
ness to employ only those men tc
do certain work who are found able
to do it best; while those who are
known neither to understand it mol
to be able to do it are seldom or never
permitted to attempt it. 1t is a self
evident fact that the people have nc
way to know whether a man would
make a good judge or not before he
has been tried; but it is always clear
ly seen that the people are very keer
to detect any incompetent or dishon'
est man in office; just as those in the
top gallery of a theater are first tc
detect bad acting. Yet in many states
the people are required to elect theil
Judges. but are denied the right tc
put a judge out of office when they
detect that he is corrupt and that hi
decisions are wrong. The people, ap.
parently, are required to do the very
thing they are not able to do, while
they are denied the right TO do the
thing which they are competent ano
lanXiOus to do.
1t would be most fortunate if we
could exactly reverse our present
method of choosing judges and select
Iond nromote them solely through COM