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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