Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1913-08-31

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',y n,..,..r A.rll,,... I'm .r. .l t.,
rural districts hc c1mr upon "a cabin
built bon a valley through which umN
led sluggish stream IN" pHuspU
and us u.s. customary loo those pIu.
passed Jh. tim. of uuy with OBJ. W.
habUnt ul Ihn riN.m l.. al"" 1'-
upon tnr Had WnaNlfagt HH#. uIya
TINT hu bad ".h0uN W..u D"|IIs and ly
yc" for n.ah uu tu l" U.N years.
Now near Iy was l.I which Na.
also q part ot tho inhabitants dum"u
and d.. traveller tnHruuuuu Inquired
why h. the ".d ,uiomnui dId n.'
muyD l!s hHOjtat.ou there uu..
Wuorpupou the said uhuhluut rg.
,u sob Janually as follows to-"lt
"No. para, no. ] know what ! got
ana Know "h'l I" 40 i9r ill., ''"'
p,.t 't', liI 49,
NJ. tIis sfu,Il. fall. illustrates nd
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u,.,.,. .,I ,,.rg. lisrfrfp,s and ry-
,l.,''. .,,.I t'..,.,. ,l,. ,n.r.,l swain v.ni
t''''', ,.. r,. XII
e.. la ,',iio,. i,, ~. SIN .r,ab stream
- r..,.,,,.,.,,,o sbilIs and
| ,ti ,,'r,,b A., h.d "sbI,I." fnI
"E"t, W.. WIZ ''..,, ,'..,,.g
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N"u 30 WIN 'iic Law
SO with the law. For So many years
we have "-huck' with its ch.ls ana
aguc that we have become al least
used 10 them. But change icFrr
No one knows what would GIT uS
then
o. Hoade. fifty years ago ]
should have hailed thee uS Etnuo
reader for thou vert ever TAME ana
gentle. hut now, reused 10 Iefntlll 10
initiative, to referendum ana lo rccaIl
by the ague Of the law, ] know NOT
what 10 call thee. So ! simply say. O.
Reader. thcn-the law l5 our great M
neritauco. 1t was brought over with
th, fathers i'm the Mayiuwer and il
has npurishcd ever since IKE lhe
ir1ugrn weed ON tho tUWn common
What tbc LAW l..
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NV Wv. '.,..,,,,, If ru,.s inn.
ll'' ''t' "a" - " 80, ,...,,.'.,. ,f rb,
pose" pS u't 49,. r,. ,,,,,,.rpad
siaIe, hy "ulo1 '5.''9 SO, - .7nt,nll,l
"'I any I'.., Wa.o ,9lrs are uromuleated
,.,t,.r I,rnuob tho legielaures or
l,. ,...,.l., In thoiI. constituent law
,,,.l,ir.. r,y-,r But not so. These
I'..,>''.3 l,y.s ana constitutions.
NJ i,.. .o,,o.binp ahnyo and be-
,l an tbis whose cfrulgent light
..i,,as tnrnnob tbo courts. When
SI''''ea ,,'i dacid. l,vs and con
,.t,,,,ti,.,. l,c,orno a mart of the law
M, IL h,. which courts decide
,.botbar or not laws and constitutions
shall become "a part Of the law are OF
courts, made by the courts ana lh'IV
are many and diverse utcIS,uhS con
ccrning these rules, ana alSo many
books On the subject OF constitutions
and statutory Interpretation. W H"u
always believed that a law III con-" I"
vcntiOn ot the constitution "oulu HUS
become part of the laW' pul ""u,"
pass into the lllnDo OF liN"iu '"",
monls. lNt on ftpludIH j. - - ."
Justice Holmes, speaking Tor the -
supreme court remarked. Many nay
which it would be VAIN TO ask lhe
court 90 overthrow, could be SHOWN
easily enough, to transresS one OF an
other If the great guarantees OF inc
bill Of rights. we nave now mere
fore, the doctrine established lial the
courts may suspend constitutional
proyiSlong. The right had often been
assumed hy the courts, but never SO
clearly declared.
The doctrine is to the ordinary lay
man strange and hard to understand.
Rut if arises from the confusion of
tho law with the common variety of
laws and constitutions. Many per
sons also confuse the law with justice
INF if is not our purpose to discuss
mat now.
Co,,os with thc Oath.
-, ,., ,,,,,.
III ~. t''% dafined Lv the common
Law, This law is supposed to have
existed i'm England before the Nor
man conquest. and Blackstone fondly
avs that IL survived the shock Of
that incident and so lived on. Theore-
ticallv it consists OF the unwritten
customs of the ancient Ertons and is
suuposcd to permeatc, as an inspira-
zion. all of our courts 1t Is not con-
sidered to be written, but to be the
uuwrittcn law, which, by miracu-
Ions visitation is implanted i'm toto in
the mind Of the most mediocre lawyer
the moment he takes the judicial oath.
This law is adopted in every state
in the Union except Louisiana,
which has a modification of the civil
law and statutes are passed to correct
those eases wherein the common law
IS deficient. or to change the common
law.
This is the reason Of our reported