The Birmingham age-herald., 1911-11-17


 nression to the calm and deliberate iudg- nent of the people, there IS and VIII al uavs he in the flexibility of the common law. in it's adaptation of old principles 10
 meet changing conditions, source or mower with which the courts are inipiy armed to curb the aggressions or spe- cal interests. The common law l may define to be those fundamental prlnclpies essential to civil liberty and political free dom growing out of common custom anu natural equity which were brought by our English ancestors to these shores and out of which the civil rights and the political liberty of the English people were wrouRlt onI in which they are securely rootsd' and whose harshness has been ameliorat- e5 in the progress of an advancing civili- zation. s.e.5s
 'It has been truly said:
 zone of the great merits of this great system is that it does not consist in a series of detailed practical rules, estab- lished by positive provisions. and adapted to the precise circumstances of .particu- lar cases, which would become obsolete and fail when the practice and course of business to which they apply should cease or change; but, instead Of fe" broad and comprehensive principles. founded on reason. natural Justice ana enlightened public policy, modified and adapted to the circumstances of all the particular cases which fall within it. The common law grew with society, not ahead of it. As society became moro complex and new demands were made upon the law by reason of new clrcura- stances. the courts, originally Tn Eng land. out of the storehouses or req son and good sense declared the common law
 AS was said by great judge: The common law is beautiful sys- tenn containing the wisdom and experience of ages Like the people it ruled ana protected, 1t was simple and grew m it's infancy. and became enlarged, isn- proved and polished as the nation au- vanced in civilization, virtue ana lnteiii-
 gence. Adapting itself to the conditions and circumstances of the people and rely inc mon them for it's administration 1t pacoesarilv improved as the condition of the people was elevated. "As the principles of natural justice and
 . sound public policy do not change tho common law, which springs rom them. is not subject to decay. nor does u
 become obsolete with changing circuni- stances and differing conHtions U IS
 vnnth as potent living principle as # was when administered by Mansfield or bv Hale. and in It's ample powers the courts will always find abundant au- thority to meet every need of govern ment or society. ,.o
 "Howeyer reluctant legislators may be to act it will be strange case lnaeeu in which in the common law. princlp'es | to fit and to protect may not be rouhd. Referendum as Corollary
 "As q corollary to the initiative. the the referendum is proposed to complete the
 wreck of representative government, ana
 as a fitting device to securely accom-
 plish the atrophy of the legislauve 1unc- tons and reduce these bodies rom CO ordinate departments of government to
 bodv of mere clerks engaged in per
 forming ministerial duties. When leg islatures are compelled to submit the'r
 work to the approval of the electorate there would be longer rest on tne eiec.o'
 the duty of selecting men or character and capacity to form them; nor VIII the members of such bodies feel the weight l of that responsibility which ought to fol. low public office. That the character ol legislation produced by such body would lack both wisdom. strength ana Vis''
 seems too evident to discuss.
 "It is no argument in favor or the re,- erendum to say that it is the course foi-
 lowed with reference to constitutions.