The labor world. [volume] (Duluth, Minn.) 1896-current, 1913-08-09

difficulties are brought upon US by
| that attempt. Law and order" Is
a nne phrase, beloved by the p}1ar,-
see; law and order indeed are low
Ing sisters who present beautiful
spectacle OF harmony. but statute
and order are not always syno11o-
! nous. nor indeed compatible. : The:
law in any community is the will Of
that community ana according to my
reason and my conscience and my
principles, deem it my duty to be
guided by the will Of the people
whom represent.
But let US examine q little further
into this matter Of law. Inasmuch
az authority. frequently appeals more
strongly than mere reasoning, let me
refer to book with the title Of
Law: It's Origin. Growth and Func-
tom recently published by 6. r.
Putnam's Sons. This book contains
a course Of lectures prepared for
delivery to the law school Of Har-.
ward University and it was precisely
the idea that am trying to present
that the distinguished author
sought to teach the youth Of that
respectable, conservative and con.
ventional institution Of learning. He
| was not radical, or even a dreamer.
He was distinctly and prs-eIninently
a conservative citizen, a distin-
guished gentleman, resident in New
York, an ornament OF the bar Of his
! own state and Of the nation, perhaps
| the leading corporation lawyer OF our
tiraes. the late James Coolidge Car
ter. :: 80. .s,'2 5.ss E
And from him let me quote just Z
few. paragraphs that I may give you
the line OF his argument and SO sup
port. the one am trying to make.
He says (p., 14) the thing; and the
only thing, sought to be affected by
law IL human conduct. OF course,
in connection with human cons
| duct everything j. which directly
bears upon it, including especial-
ly the nature and constitution Of
man, and the environment In
which he is placed, becomes part
of the field Of fact to be studied, for.
these are causes constantly operating
upon conduct and affecting it. -" :
It may possibly be found that human
| conduct IL in a very large degree
| self-regulating, and that the extent
| to which it can be affected by the
conscious Interference of man Is
much narrower, than is commonly
| supposed" 49,
He argues then (p. 119), that .'the
| Ia ri hot Il 4,
| custom IN each Of these different con.
ditions furnish the rules which gov
| ern human conduct" and the prin-
cipal function Of legislation lis to
supplement and aid the operation OF
custom ana that it can never supplant
| it; =. it's own efficiency is depend
ent upon its conformity to habit and
custom. What has governed the con.
duct from the beginning Of time will
continue to govern 1t to the end Of
time. Human nature IL not likely to
undergo radical change, and, there
fore, that to which we give the name
Of Law always has been, still IS, and
will forever continue to be GUS
tom. st / i@5%,$~es. / ss@.
Legal writers have at all times al
lowed much weight to custom. view
ing 1t as one, but only one Of the
sources Of law. as II there we're some
governmental power standing above
| custom, the function OF which was to
pronounce judgment on the wisdom
| Of custom, and select from It the
rules tt would enforce and reject the
! rest. $50 What then II wrapped
up and concealed II the. word GUS
| tom. which we 20 often employ
- That thing which has held
inperious sway over tho conduct Of
men Aof Ill races; whether savage or
civilized, and in all times, can not
be low. trivial, or evil. Where 10 the
secret Of its power? s 4s.5:s
THE simplest definition, of custom
il that It il the uniformity, Of COM
| duct OF all persons under like cir-
cumstances, but this suggests the
uuestf6n-Wha hat Is conduct and what
Is its cause? To answer this with
out INDUCING in speculation. but Ok.
tending our attention to all known
truths ascertaIned w observation,
whether OF the world of mind or OF
the external world. We must avall
ourselves Of tho teachings Of tho sci-
ence Of PsycholoSy. IL .s lss
Conduct - some physical move
ment OF I the body and Is Invariably
preceded BY some thought or feeling
which u its cause; ana this thought
Or feeling Is prod BY some opera
ton Of surround ding thins tho en-
lvironment- 80 the nervous constitu-
ltion. Inasnuch - the constitutions
4 Of men "a the came society are sirni-.
lar ana the environment similar. the
II Though must be sirni lar and the con.
duct 10 similar. Hsncs