The mirror. (Stillwater, Minn.) 1894-1925, 1917-01-25

precedent can be found to govern
a specific case, as might occur in
the brokerage business for exam
pie, then the custom of that busi-
ness, as adhered to by the brokers,
would be accepted as binding and
legal. Thus, although there is
nothing on the statute books of
England to the effect that clients
shall settle their accounts with
brokers every fortnight, yet it has
been customary for ages amongst
brokers to insist on the observance
of such settlements. Consequently
the Bench would be compelled to
follow that custom and as result
insist on a refractory client adher-
ing to it, in case be were prone to
act otherwise.
Tracing further the evolution of
the supreme law-giving power, we
find that kindred tribes would
eventually amalgamate into a lar
ger unit, most probably for self
protection against other tribes, and
the strongest and most representa-
tive parsonage in this new unit
would become the supreme law
giver. When this process had
continued until an entire nation
had been combined from a number
of divided up tribes or clans, we
come to the stage where the leaders
of these integral parts would
choose one person to represent the
entire nation and so we would have
kingship evolved, the king being
the supreme law-giver, a person
who theoretically could do no
wrong, was not himself subject to
those laws which he from time to
time promulgated for the benefit
of his subjects and whose preroga-
tives and privileges were un-
limited.
Theoretically and legally this is
the exact position of the English
king to-day, but practically. BY
reason OF the existence of what are
called conventions of the consti-
tution," the actual concrete power
of the King has been reduced 10 al
most a nullity, and although all
new laws are passed by the House
of Commons. in the name of the
King, as if they had actually been
created by him, yet the words, by
and with the advice and consent of
the Commons hereunto assembled" :"
have, by a strange convention of
the constitution, given the said
Commons the supreme law-giving
power and has created in England
the greatest triumph of democratic
government, the anomaly of a
democratic or constitutional mon
archy.
In Germany, on the other hand,
the theory of the constitution is
that the Emperor holds his position
by Divine Right of God. That is to
say, his will is absolutely supreme
over the combined will of his en-
pire or the individuals composing
it, and although an attempt has
been made at a form of constitu-
tional government, by the forma-
ton of the Reichstag, yet the En-
peror's will in actual practice
dominates that body and limits it's
activities. This theory of kingship
was forever eliminated in England
by the trial, impeachment and be-
heading of one of the Stuarts,
Charles the First, in 1919.
In Russia, the Gar, another
phase of the kingship idea, is in
reality a despot; he is omnipotent.
so far as the confines of his empire
are concerned, and he is the most
autocratic and powerful monarch
in the whole world.
In contra a-distinction to the form
of government known as mon
archical, we have what is known
as the modern democratic form of
government, in which the mass of
the people themselves, as in the
United States, since they gained
their independence in 1776, arro-
gate to themselves the supreme