The Farmington times. (Farmington, St. Francois County, Mo.) 1905-1926, 1914-12-04
ADDRESS IN PART OF ". A.
GARDNER BEFORE THE ST.
FRANCOIS co. BAR ASSN.

land was from the Feudal system, or
2 system of selfish tyranny. In brief
says Judge Morris, late of the Court
of Appeals of the District OF Colum-
bia; A profound scholar and prcfes
sor of law in the Georgetown Univer-
sity:- "Probably there is no better IL
lustration of the extent to which
Equity, and therefore the Civil Law
of Rome, has gained in our jurispru-
dence upon the Common Law, than
the statistics of our courts in respect
of the number of suits therein filed.
Where one hundred years ago the
number of suits in equity filed as com
pared to those at common law, was
scarcely more than one to fifty in n
year. and forty years ago, was one to
ten, it is now in proportion of one to
two. and this too in face of the rule
which yet remains the law, as it
was two hundred years ago, that re-
course can only be had to court of
equity, when there is no remedy or
adequate remedy at Common Law
In brief says this learned jurist, we
have been solicitously and constantly
engaged in undoing the work Of the
Common Law, which Coke and Black
stone declared to be the sum of wisdom
hut which the humanitarian now is
almost ready to declare to have been
the sum and consummation OF human
infamy. We have only to note that
in the time Of these almost obsolete
iuists the Common Law Of England
provided for about 80 capital crimes
The criminal Law of England Of to-
day. is practically from the Civil Law,
as It is in America. We all know that
the greatest laws have been made
when the people have had the simpI-
est forms Of government. Though
the Jurisprudence of Rome had some
of its chief additions in the time OF
the Emperora, the foundations were
laid when Rome was u Republic, 1t
is now generally conceded that of all
peoples the Romans had the greatest
genius for Jurisprudence. In sthc
times of the Republic they sought the
wisdom of the ages. 1t was condens'
ed in the Twelve Tables, which con.
tanned the maxims. Sir James Mcln'
tosh says: "the maXims are the con
densed good sense Of the nations
The laws of Rome were made up of al
the best that had gone before anc
crystalized, when her citizens were
the most virtuous; consequently the
most virtuous laws of other ration'
were made the basis of her govern
ment. The Roman Praetor exercised
his authority then with that justice
which sprang from a virtuous min'
learned in the condensed good sens
of the nations. The Romans grew
so to respect the justice Of the Prae
tor. that he himself became the en-
bodiment of the law-for, their max
i'm was: Tex non exacte definlt SCI
arbitrio bono viri pemitit." Liberal
lv translated: The law does not ex
actly define but trusts something t
the Judgment of a good man learne
in the law. And so Rome prospere
under splendid administration o
the Justice of the condensed goo
sense of the nations, crystaliZed int
form by people having a peculia
genius for Jurisprudence. No sue
prosperity ever was known, 1t wa
her Justice that cemented the cor
ouered nations to her ard It is nc
surprising that the time came whe
Rome ruled the world The accumy
lation of wealth found expression
the splendor of her architecture an
entertainments, everything she di
had its inspiration in the grandeur
her achievements in war, aud peat
came to have it's victories no less n
nowned. Great poets, sculptor
painters, jurists, artists, orators, phi
osophers and musicians were developt
as we'll as great riches. A republics
form of government became too simp
to meet the tastes of her wealth d
vcloped, so Rome planted the seeds
her decay and ruin when she becan
AN Empire. But the influence of Il
virtues of her citizens in the days
the republic, held her together for &C
turtles. Justiniaa vainly attempted
save the last tottering remains by r
vising her laws. His chief assista
was the superb jurist Tribonian, WI
did most of the work. There is n
time here to go into details, but Il
result of the work of Justinian's col
mission, is the greatest monument
the genius of the Romans, wheth
viewed from the standpoint of
intrinsic merits, or the tremendous
fIucnce it has exerted on the natio
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