The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1918-09-24
arising out of the war between the States.

arising out Of the between the States. ,-s
There is however, in every discretionary power o
ton which it incumbent every Judge exercise to
rejecting the spirit the CUSTOMS traditions and condition.
to the doctrine of decisis. tHN
The Roman law recognized plea known as "desuetudo
the effect that the law become
senseless It not adopted part of the
that the law progressive science and presumed
courts would construe the law reflect that which
and not that which obsolete and had ceased to be living
1t is much the duty the courts reflect the spirit
their DECISIONS it to rely precedents established
conditions.
The failure of certain English Judges recognize this
amusing trial in 1918, which thus described by
then Envoy Extraordinary and Minister Penepotentay
United States: . .a
"Apr 49, 1918. Went to the Court of Kings Bench, I'd
arguments in of Wager of Battle The parties were pr
through the courtesy of the judges had seat the Bench
Mr. Justice Bayley To the left of him Marlborough
the seat of the Cok the Haes and the Manseds To the
Eenborougr Mr. Justice Abbott and Mr. Justice Horo
ancient law of England when person murdered the
tive of the deceased might bring Appeal of Death against
accused of the MURDER Under this proceeding the accused
fought The weapons clubs The battle began at
the of the judges in whom also all formaiies
ranged Part of the oath of the combaants that neither
to witchcraft
f the accused slain, it taken proof of his q
accuse of his If the former also held
also attested his If either yielded while able
ed his condemnation and disgrace. sE
"Ashford the appeor had accused Thornton the appel
murder of of his relations and the latter desired fight
tribunal of the most enlightened country in Europe
discussion whether mode of trial ages,
the nineteenth century 1t difficult persuade myself
y of the Mr. Chity lawyer Of eminence argued
right of battle Mr. Tndal argued the other side Fleta
the YeaBoo and other recepacles of ancient law
Abundant ability displayed both Sides and the creates
al
front of them all in gowns and wigs listening with
tenton Finally the judges decided, that Trial by Battle
For the law of Appeal of DEATH had been repealed
The of reforming the rules of procedure which
ng and practice has been often discussed throughout the
try, that shall express views in regard to br
Several years Congress passed Act giving
Court of the United States to formulate rules Of
equity The rules which they formulated have expedited
sration of justice to very great extent
The majority report the Judiciary Committee
Bar Association b permit the United States Suprem
formulate rules of procedure for suits law contains this
argument: ..'.-h .....
1T is an anomaly to ntrust tribunal with grave and
dutes and deny power determine the manner wh
shall be discharged The Senate would not for moment
dea of having outside body determine the in whc
business Each house of Congress- and every legislative
country makes it's rules of procedure The is true
TALLY every administrative body and federal Congress
passing laws be executed by of the executive department
vding that the department. shall make such rules
tons may be necessary the law into operation
almost alone in this respect These great m
trusted with the delicate and responsible duty of interpreting
terng the law certainly qualified to determine the mode
which will be best calculated to enable them to discharge the
biltes surely and promptly"
The have decided time and again. that the
procedure inherent the courts and Incidental to the
And therefore, that is judicial function
ways been so regarded in England
Section 489 of the Code, authorizes and empowers the
the Supreme Court and amend the Rules of the
such additional rules may be deemed
practice the Circuit Courts Provided such ater
don be inconsistent with of the Statutes of the ST
And Section 400 follows "The Justices of the Su
SHALL make such rules for the orderly cond
in said Court they deem not mconsisten
Code of Procedure"
Continued Page Six)