Newspaper Page Text
Public Opinion Prevails
i Over
The Common Law
By Poscoe Pound, of Nevada, President of the
American Ear Association
AW is no longer anything sacred or mysterious. Judicial
^ decisions are investigated and discussed freely by historians,
L ♦ economists and sociologists. The doctrines announced by
<> ♦ the and have even been
t courts are debated by the press
dealtb with in political platforms. Laymen know full well
J that they may make laws and that knowledge legislation. of the law The Is
****++*+■» no necessary prerequisite of far-reaching
legislative steam-roller levels the just rule with the unjust in
the public anxiety to law out a new road, The introduction
of the doctrine of comparative negligence in employer’s lability statutes and
recent statutes leaving questions of negligence wholly to juries, or, in other
words, cutting off all assurance that like cases involving negligence will re¬
ceive a like decision, the common law doctrine, at least as explained to the
people, did not commend themselves to the public intelligence, In such
cases, something is to be done; and it is done too often with but little
understanding of the old law, mischief or remedy. But we have no right to
rail at such miscarriages. The public must move in such legal light as the
luminaries of the law afford.
We must not make the mistake in American legal education of creating
a permanent gulf between legal thought and popular thought. We may com¬
mit this mistake merely by teaching legal pseudo-science and obsolete phil¬
osophy,. quite as much as by the more prevalent method of saying nothing
about these matters at all, leaving the student to pick pp what he may
here and there in the esses and texts, with no hint that there are other
conceptions and theories entertained by scholars of no small authority, and
to go forth In* the belief that he is completely trained.
In all cases of divergence between the standard of the common law and
and the standard of the public, it goes without saying that the latter will
prevail in the end. Sooner or later what public opinion demands will be rec
ognized and enforced by the courts, A bench and bar trained in individaul
ist theories and firm In the persuasion that the so-called legal justice is an
absolute and necessary standard, from which there may be no departure
without the destruction of the legal order, may retard, but cannot prevent
progress to the newer standard recognized by the sociologist. In this prog¬
ress lawyers should be conccious factors, not unconscious followers of popular
thought, not conscious obstructors of the course of legal development, To
this end it is the duly of teachers of law, while they teach scrupulously the
law that the courts administer, to teach it in the spirit and from the stand¬
point of the political, economic and sociological learning of to-day. It is
their task to create in this country a true sociological jurisprudence, to de¬
velop a thorough understanding between the people and the law, to insure
(hat the coinrtiori law remain, what Its truest exponents have always insisted
it is—human reason.
* * V*
M « 4
Mental i
Healing Experiment
Initiated and Carried with the Help of ;
on
Leading Neurologists I
By the Rev. Samuel McComb. £
N Interesting and, it is believed, fruitful experiment has been
going on in connection with Emmanuel church, Boston.
A The church is Protestant Episcopal, but the work it is
seeking to do is human and universal, knowing no distinc¬
tion of creed or social station. This effort may be described
ns an attempt to weld into friendly alliance the most pro¬
gressive neurological knowledge of the schools arid a prim¬
itive New Testament Christianity as scholarship has dis¬
i closed it, with a view to the relief of human suffering and
the transformation of human character. * * *
In the first place, the effort is scientific. It was initiated with the ap¬
proval of some of the leading neurologists of New England, and has been
carried orJ not without their advice and co-operation. Hence it differs from
the various hiental-healing cults by freely acknowledging that if the mind
exercises a profound influence over the body, the body no less really affects
the mind. This commonplace is ignored by the quasi-tlieosophical systems
at present in' vogue, and men and women are treated as if they were disem¬
bodied spirits, instead of being, as they really are, very much at the mercy
of physiological processes. We distinguish, then, with science between “or¬
ganic’’ and "functional” disorders, and we believe that the legitimate sphere
for moral anil psychical methods is that of the “functional,” not the “organic,”
though even in the latter they are a valuable adjunct, inasmuch as they tend
to strengthen the resistive powers of the patient against the pathological
causes at work. We do not agree with those religious persons who would tie
down the divine operation in healing diseases to one method, nor do we think
lhat, it betokens any lack of faith to suppose that God can heal by pure air,
good water, and even by medicines compounded by human skill. Why should
we tax our psychic energies with tasks which could be easily discharged by
psychical instrumentalities?—The Century.
1, ' !
Cook for Francis Joseph.
Although -the Austrian Emperor
eats very frugally, his Majesty pays
his chief cook .£2,000 a year. The
court is noted for its elaborate re
pasts, and a French contemporary
gives an aipusing account of how
Peraki-— for such is ine chef’s name
entered the Emperor’s service. Pers¬
ia W as formerly chef to Count Rhein
gaum. and one day Francis Joseph,
who dined at the house of the Count,
was delighted with the manner in
which the boar’s head was served
and complimented the chef. Two days
later an enoririous packing ease ar
rived at Schonbrunn with the Count’s
respects. When the box was opened
they found in it Perski, in good
jhealth but ■somewhat accepted “shaken the present, up.”
The Emperor
wnd Perski became head of the kitch¬
en.—London Globe.
Lucky Jones.
The cub reported on an Evansville,
(Ind.) paper, in describing the mur
wired Ins paper as follows:
Murdered . . , evidently . . ., in ... quest, _____ x of
money. Luckily Jones had deposited
all his funds in the bank day befpre
so that he lost nothing but his hie.’
■Success M ::zine.
George Washington’s Pension.
George Washington is drawing a
pension through the local pension of¬
fice. This George Washington is a
Negro, and is also known as George
Stewart. His home is in Elmira.
His name has just been received
from Washington by Pension Agent
Orr for enlistment as a pensioner.
Washington served during the civil
war in a Negro regiment.
“I remember when we had General
Jackson on our roll,” said Mr. Orr.
“Jackson was a Negro. General was
his first name.”—Buffalo Commercial.
Mr. Pickwick’s Tree.
Owing „ . to . its ,, liaviug , , become , verv
decayed and dangerous the old collie, svea
more standing near Dulwich
known as "Mr. Pickwick's Tree,” has
had to be cut down, much to the re
gret * of p the I, residents ., . of Dulwich vil
, lage, among whom the tradition , .... pre
vails that Dickens’ hero was in the
] habit of a fine evening of resting on
the seat beneath Us branches toward
Globe.
-----
The old country Englishman never
fails to unbar his door at 12 o’clock
: New Fear s eve to let the old year out
1 : and the new year is.
OULl) BARNEY TO THE HOY.
Arrah! Harney ina bouchal, 'tis
An’ ye are, but presses!
'Tin the von light junt out o’ your
in your eye, like a
star.
That this news to your father confesses.
Now ye’re off to the town,
For the sun has gone down,
An’ the spell o’ the gloamin’ is o’er ye.
Faith, ye’er started like me,
But it’s lucky ye’ll be
If ye end like yer father before ye.
Oh, the glamour o' night
Breeds a passion too light
For a dacint long life-time’s adornin’,
But the blessin’ that cheers
All the slow-wheelin' years
Is the love that blooms warm in
morniq'.
Arrah! Barney ma bouchal, when I
a lad
I courted one lass an’ another.
But the sorra bit comfort from anny I
Till I came on the heart o’ your
Oh. her charms they were rare
, In the dusk, at the fair.
At the dance, in the house she was born
But her heart, it was found
When I happened around
Where she sang at her work in the
Oh, the glamour o’ night
Breeds a passion too light
For a dacint long life-time’s adornin',
But the blessin’ that cheers
All the slow-wheelin’ years
Is the love that blooms warm in
mornin’.
—T. A. Daly, in the Catholic Standard
Times.
A New Romeo and Joliet.
BY THE LATE
CHARLES H. DAY,
In the Dramatic News.
When Joshua Jackson was negoti¬
ating for the purchase of the menag¬
erie of Maybell & Co., retiring, there
was only one hitch in the deal that
for the time being brought matters to
a standstill. Jackson explained:
“I am not buying a. pig in a poke;
the price is all right, but what is the
use of my taking the elephant Romeo
in the trade without I am assured
that Carpenter, liis keeper, can be
had tQ handle him at a reasonable
,
figure. You know that the animal is
a terror and that man is the only
person who can do anything with
him—a part of the time.”
“A part of the time?” interrupted
Maybell.
“Yos, a part of the time; when the
huge rascal feels like it he goes on a
rampage, Carpenter or no Carpenter,
and then there’s damages to pay and
all that sort of thing, lawsuits and
claims.”
"Romeo is the best-known elephant
in the United States,” asserted May¬
bell.
“The worst elephant on earth, an
swered Jackson.
The greatest card in the show
business,” declared Maybell. He is
famous—”
"As he is infamous—”
“We have made a fortune out of
him and when his tantrums have
caused us expense we have charged
it up to advertising.”
"That is all very well, Mr. May
bell,” said the shrewd Joshua Jack
son, you just send for Carpenter;
if I can strike a bargain with him,
well and good; otherwise the dicker
is off, and we'll talk busines with
Romeo left'out of the sale.”
Maybell returned, "Romeo goes
with' the outfit; no Romeo, no sale.
We are going to lump the whole
business, but I will send over to the
winter quarters and have Carpenter
come up.”
The elephant keeper reported and
was introduced to Joshua Jackson,
who explained to the handsome youn o w
fellow: "Mr. Carpenter, l” have an
idea of buying yout manager’s'menag¬
erie, as you probably know they are
going out of the business, having
made all the money they desire. I
am still hunting the dollar. Now if
I should buy, can you be hired for
this coming season and what is the
figure?”
“One hundred and fifty dollars a
month,” was the prompt reply.
“That is more than 1 ever paid an
elephant trainer,” returned Jackson.
“You never owned Romeo,” s£id
Carpenter. “I don’t care to risk my
life for less.”
“I think I can get a man for less,”
observed Jackson.
Carpenter smiled as he responded:
“Mr. Jackson, there isn’t an experi¬
enced elephant trainer in the country
who could be hired to take my place
for one thousand dollars a month. It
would be murder to,, send a green
man up against that monster! ”
T , Jac T s * SOn waated , , th * menag
'
f™ bad l y * “ WaSambltio n to
ha ? \ Wg Sh ° W ^ th ! , ° p -
^ tumty ° ne “ ot f be
After some hesitation he decided,
Carpenter, , ’ it ., is . a 6 go; ’ too much
“° ... n ® y , , \ .... A t0 ^ x , -V. ,,
’
0 llllllDS 0 e manager e said.
“at a ' -i 6 P U f m 8 0U a 18ceip tor
’
T ,
In T five « minutes , the ,, menagerie ° . of
, elephant” .. „ .. . . .. . , ,
j Romeo^became‘^he
| ns
| n g*Liladelphia * showman.
i ; ^pcson, mm determined . to . make , , his .
•«* ♦ >
opening in Chicago, and shipped his
snow o that point, and there added
the newly purchased menagerie.
The manager had a very lovely
daughter, and as soon as he an
nonuced his purchase to the fair
Juliet, he added: “And what do you
think is the name of the elephant?
Romeo. ”■ Father ami daughter
laughed, and he said: The real
Romeo is his keeper, a young fellow
mimed Carpenter; a brave chap who
risks his life every day, for you must
know that Romeo is the very worst
elephant that was ever heard of.”
“I have read a great deal about
that bad elephant,” said the daughter.
"So has everybody else; his scrapes
and rampages have filled columns in
the newspapers; the scoundrel has
been his own press agent, and if he
don’t kill Carpenter, I expect to make
a fortune out of him this season.”
“Why, papa!” exclaimed the fair
Juliet. “How can you talk so?”
“The man takes terrible chances, »»
continued the parent, “but that is his
business. I pay him for the risk.”
There was a reproving expression
on the face of the girl, but she was
silent.
The Jackson family was one of
long-time circus repute. Joshua had
succeeded his father in the business,
and Juliet was an equestrienne like
her mother before her. As the man¬
ager expressed it: “Both sides of our
house came up out of the sawdust to
fulfil our mission in tights and span¬
gles. In his younger days Joshua
Jackson had been a star rider, but he
left the ring upon assuming the reins
of management.
Upon meeting the intrepid eleplmnt
trainer in Chicago, at the merging of
the two shows, Juliet Jackson re¬
marked to her father: “Mr. Car
penter is a gentleman.”
“Romeo respects him as such,” re¬
sponded the father.
The literary promoter of Joshua
Jackson’s circus and menagerie—
that is an abbreviation of the full,
high-sounding title—in writing up
the attractions of the aggregation,
had given his best and major atten¬
tion to "The elephant of elephants,”
under the reiterated caption of “Look
out for Romeo! Romeo deserved all
the space given to him, for the mighty
monster was indeed the drawing
card.
Before the Fourth of July, the mid¬
dle mark of the tenting season,
Romeo had started out several times
to assert his independence and run
amuck, but before he could get in
full swing he was checked by the
fearless Carpenter, who waiving all
danger, subdued the mighty mam¬
moth and made him obedient to his
will. When Romeo could not have
his own way, he sulked, but he of¬
fered no violence to his keeper.
It was noticeable to the attaches
of the show as the season advanced,
that Charles Carpenter, the keeper
and exhibitor of Romeo, and Juliet,
the manager’s daughter, were becom¬
ing very good friends. Joshua Jack
son was so taken up with his man¬
agerial duties that he did not take
cognizance of the ripening mutual
admiration of the young folks.
When Joshua Jackson did take
cognizance of what was going on, he
expressed his displeasure to his
daughter by exclaiming:
“I should think that the daughter
of a circus manager would be looking
above a mahout with the show!”
“I am looking just as high as any
Jackson ever did,” was the response.
“No Jackson ever rose above the saw¬
dust. ”
Papa Jackson was squelched and
made no retort. But when Charles
Carpenter, the keeper of Romeo, for¬
mally asked for the hand of Juliet, he
had language to spare and used it
copiously.
Carpenter was unruffled; he was no
more afraid of words than he was of
Romeo; he simply tendered his resig¬
nation without notice and quit on the
spot. Joshua Jackson went wild with
rage. Rfcmeo at worst was never
more unreasonable. Carpenter was
consigned to the bad place, and
walked out of ear-shot to preserve
his hearing.
Juliet passed an unpleasant half
hour listening to papa's verbal pyro¬
technics and was driven to tears.
To the disappointment of two large
audience, afternoon and evening, Ro¬
meo was threatened in consequence.
No one about the show, not even the
boss animal man, would approach the
disturbed and threatening Romeo,
who chafed at the absence of Car¬
penter.
It was approaching 9 o’clock, when
it was time to start the menagerie
on the road, when the manager called
a business assistant and instructed
him:
“Go up to the hotel and see if you
can find Carpenter and fetch him in
a buggy.”
The messenger took the manager's
rig and smiled as he hurried away
on his errand. He returned prompt
ly, bringing the imperturbable ma
hout. Carpenter questioned with his
eyes. Joshua Jackson put out his
hand and explained:
“Carpenter, take Romeo and take
Juliet, and may Heaven bless you!”
Consular reports from all European
countries tell of industrial depression,
owing to the decrease in American
purchases.
-
IS® ISlHlNTSpi, ^TiCJUTjg^U 8* *
CREEPING, CLIMBING PLANTS.
Fdr a shady dooryard nothing can
surpass a mass of creeping blue myr¬
tle or periwinkle (vinca minor), or
“Creeping Charlie” (Lysimachia ■
mummillaria), a sheet of gold in its
blooming season, Both are hardv
perennials and fine for carpeting
shady waste place and the ground
under trees. Climbers for scanty
sunshine are climbing euonymous,
Flail’s honeysuckle, evergreen In the
South and green until after Christ¬
mas in the North. Clematis pani¬
culate, too, succeeds well in the
shade. With plenty of sun, Heck
rott’s honeysuckle, ever blooming,
the Scarlet Belgian, monthly, also
Hall’s and others, for piazzas, sum¬
mer houses, pergolas, screens and
trellises. For fences and hedges, the
immense, scarlet, trumpet shaped
flowers of the trumpet vine (Bigno
nia radicans) are dazzling. A border
of nasturtiums in its foreground
completes a brilliant backyard ef¬
fect.
HOW PLANTS GROW.
Plants take nourishment from the
air through their leaves and from the
earth through their roots. The car¬
bon which they take in from the at¬
mosphere is the principal element in
their structure. The green coloring
matter in the leaf with the assist¬
ance of sunlight mixes this carbon
with water takeli in through the roots
and transforms them into starch and
sugar for the use of the plant.
Plants cannot take solid food.
They have to drink in the mineral
elements from the soil after they
have been dissolved in water. The
richest soil will starve a plant if
there is not sufficient moisture to dis¬
solve the necessary elements and
carry them into the rootlets.
These are scientific facts. What
do they mean to the practical farmer?
1. That the roots and leaves of a
plant are its mouth and stomach and
are essential to its development. Do
not injure them.
2. That plants should he given
space to insure sufficient air and sun¬
light.
O . That abundance of soil water
must be stored and saved for the use
of the plant.—Epitomist.
FLOWERS FOR SHADY PLACES.
Few plants will flower where sun
shine is wholly excluded, Lily of the
valley will thrive with very little
sunshine; and if you have a corner
where the sun seldom penetrates,
double, hardy violets will bloom pro¬
fusely there, The stems will be
somewhat short, hut brush the rank
foliage apart and you will find blos
soms everywhere. With two or
three hours of sun, pansies are rich
in color and immense in size, pro¬
vided there is a free current of air,
for air' they must have. Other flow¬
ers blooming successfully "here are
hardy phloxes, columbines, 'spider
wort, foxgloves, lobelias and bleed¬
ing heart (dicentra spectabilis), with
clay lilies, both the white and the
orange. For foliage effect: Cannas,
caladiums and “Dusty Miller” (cen
taurea) succeed. The crowning de¬
light of the garden at night is the
delicious fragrance of the nicotiana.
its white flowers gleaming like stars
in the moonlight. With scanty sun¬
shine, they last well into the day,
and all day in cloudy weather or in¬
doors in vases. In flower from early
July until freezing weather.
UNTHRIFTY FRUIT TREES.
The physical condition of the soil
has much to do with the unthrifti
ness of many fruit trees, To make
fruit growing a success there are two
great essentials in getting the ground
ready for setting out the young trees:
The ground must be properly drained
and it must be in good physical con¬
dition. Some hardy trees may live
for a time on undrained ground, but
it is only a question of time when
they will die out. I believe that un¬
derdraining will pay with all kinds
of fruit. It warms the soil and frees
the subsoil of all excess water, and
in this way liberates much plant food
which otherwise would not he avail
able to the feeding roots, On thor
oughly drained soil the root system
of the trees is healthier and they are
ready for work earlier in the spring.
As trees become larger and come into
bearing they need larger feeding
grounds, so it is essential that the
ground be thoroughly cultivated,
both before the trees are planted and
afterward. If trees are properly put
out and carefully cultivate:! the fi'- ; -
two or three years the rocks will pen
etrate deeply and seek larg: r foeclin?
grounds.— -L. C. Brown, in tiie Tri
bune.
Rare and Precimiv.
These are my jewels,
nelia.
And ,$M; pointed to a j v
lamb chops, she,v. bring
from market. —Kansas Cky