SILK HAT HARRY'S DIVORCE SUIT His Honor Felt as Loose as Ashes After the Second One Drawn for
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HOW 0) VOO I
stick
Social Justice
tice Show
Says an
By PKOF. ROSCOE POC.VD of Harvard Law School.
"Wht In juitker
If fair play union ck I1 clusrt be-
lonfi to the Idea of Juki let. don our
Jurntio tbou(ht hold othrwlH? It hat,
unhappily, up to the prent tlm. Thin
evidenced In the decltlun of our court
on contracts. LeUtlatlon designed to
give labororf aom meaeure of practical
Independence, placlnf them In a aenae
upon a level with their maetrra. It said
by courta to create a clane of Jlatulorr
laborer and thue to make claae dletlno
tlons when ther should be none.
The hlgbent court In the land told u
the other day that a workmen' com
pensatory act "doe nothing to conserve
the health, safety or moral of the em
ployes." Economists and sociologists are
Justified In the criticisms which they
have used acalnst such a position.
How Is It. then, that the legal Idea of
Justice differs from the Idea of the
economist and sociologist?
The primitive Idea of Justloa waa sim
ply to keep the peaoa. Whatever served
to prevent- private vengeance or private
war waa an Instrument of Juatlca.
The first law attempted only to fur
Blsh the Injured party with a substitute
lor revenge. We repair the wrong with
damages, while ancient law bought off
vengeance with a composition. Thus the
ancient Roman law dealt with Injury
to the person under the head of Insult:
the earliest of the Anglo-Ssxpn law
provided twofold payment where a
bruise waa not covered by the clothes
and so subjected the Injured psrty to
chaffing and Increased hi desire for re
venge; the Salle law gav double com
pensation to th Frank, accustomed to
right his own wrongs, as compared with
th Soman, trained for generations to ad
just bis controversies In court. I
Greek philosophy and Roman law soon
got beyond this primitive Idea of law and
construed Justice a a desire to preserve
the social statu quo to keep each man
In Ms appointed groove and thus avoid
friction.
It waa not until the Reformation that
this statu quo Idea began to bo ques
tioned. Then appeal to reason against
authority led to a new conception In
philosophy, theology, politics and ulti
mately In leiU theory, as a result of
which Justice came to be regarded aa a
desire to secure a maximum of individ
ual self-asssrtlon. Th beginnings of
this are In philosophy. It dominated
politics, ethics and finally Jurisprudence.
The conception Is purely Individualis
tic. It endeavor by means of law to
prsvent all Interference with self devel
opment and self assertion, so tar as this
may be done with like development on
the part of others.
Spencer formulated this theory when
he Sellned Justice as th "liberty of each,
limited onlV'-mark the "only" "by the
liberties of all." This conception has
given away to a new conception In poll
tic, ethic and economists, but continues
but no part of It baa taken place la our
to rule la Jurisprudence.
It hss been often said that the law
buvtng put down fore must be put dowa
cunning. Th old problem waa that some
are physically stronger than their fellows
and take advantage, of them.
Th new problem Is that some are
stronger mentally, la force of character,
and us this superiority to exploit and
oppress. So to meet this the organised
brains of the community must be pitted
against are aggrealve Individual bralna
Our father named aa Inalienable right
life, liberty and pursuit of happiness, but
today man are claiming that the man
bas a right to resits th preatest pos
sible measure of happiness.
Th orgolssd brains, as well a muscles,
of th many are to squalls th superior
brain aa well aa the mtrcle of th few.
How far this has gone In social, ethical
and economic theory wo need not Inquire,
legal tfiougst-
Zastua wrote In 1 "All science have
put off their dirty clothe; only Juris
prudence, remains In her rags." Today
while all danoes hare hand need deduc
tions from predetermined conceptions,
such la still tb accepted method of
jurisprudence. A law It Is a government
of the living by th dead.
Thcr la this difficulty In legal science
aa In the administration of Justice a dif
ference la rata of progress, between law
and pubhe ofNnlon. Dissatisfaction with
law Is aa old aa law Itselt
Thre kinds of defect give rta to this
dissatisfaction; defects due to Inherent
ditfknaUass as tas administration of Jusv
tlo. See ecu das to the history of oar
psrOcalar legal system, defects due to
The ee'
. I
N OTMEJt I
Curs'
COM) itow-
iw ir
and Legal Jus
Variations
Expert.
3: "
Imperfect solution of new concrete prob
lem. Of th defects in our American ayatem
today th mora Mrloua are reducible to
two propositions; ultra Individualism in
our rule and doctrines and over-reliance
upon the machinery of Juatice and too
much of the mechanical in the adminis
tration and application of rules, etc.
They are due to the history of our sys
tem and represent scquired rather than
Inherent defects.
It is a reproach to American legal
science that social, philosophical and
sociological Jurisprudence which are do
ing so much upon the continent are un
known to us. The courts are not all to
blame. The court must look at cases
In arose and not measure them by hia
Individual sense of right and wrong
The Judge must apply the ethics of the
community, not his own. There Is alto
always a difference In the rate of pro
gress between law and public opinion.
The law formulates the moral senti
ments of the community In rules to which
the Judgment of tribunals must con
form. These rules cannot become settled
until public sentiment becomes settled,
and cannot change until a change of pub
lic sentiment has become complete.
It behooves those of us mho believe In
the common law to be vigilant. With no
little truth the people are thinking of
the common law, not aa a body of doc
trine that protects them, but one that
stands between them a .Ml what tbey de
sire. If th modes of Juristic thought
which give rise to these feelings are
persisted in they may carry with them
the real doctrines of the common law
the supremacy of law, the authority of
adjudicated cases, regard for the indi
vidual will In a common ruin.
For a season our Jurists must cease
from purely historical study; they must
learn social, philosophical methods, they
must study the acquired defecta of our
legal system to learn bow we may throw
them off.
- On Herself
At a lenten musical at the Waldorf
Astoria a young matron related a bon
mot of Marie Tempest's.
"Miss Tempest's no Is frightfully pug.
Isn't itr she began. "Well. I met her
at a tea once, and eh Joked about her
nose aa if it had belonged to someone
!-
' " "When the Creator," she said, "was
looking tor a noew for me, He took, yuu
; ' 1 " f I oqao that re V -"-' I - - i
.irsA I sncitiwir V I ir 3iy.oaA i I v II
lis
aw. A
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is I i
1
I 1
s - - -
i i ft nf 1 T F i r
ROSCOB POUND.
see. the first ens that turned up.' -
np aazire p)a
V cwfieaot- V I Z..l- J W r- win iuir? 7
Courtesy What
One would think that, sine cour
tesy cost to little and pays so well,
It would be universally cultivated, but
It I not, a those' know who travel on
public conveyances, who have dealings
with the rank and file of men and women
in offices and on the street.
I do not mean to suggest that the prin
ciple underlying good manner should be
that of policy, for self-interest Is the
lowest Incentive to saying or doing the
polite or agreeable thing, but since some
people have not sufficient self-respect
to make them civil, self-interest might
make them so.
There Is In a fashionable millinery store
a woman who made courtesy her main
asset when she began to earn her own
living. Her reason for this waa not any
thought of personal benefit to accrue
from It. except as a consciousness of
doing right keep one on good terms with
one's self. But she had too much self
respect and unselfishness to ha rude.
Her unfailing civility and pleasant man
ner attracted customers and pleased
them so much that women who had here
tofore bought at other ahou the particu
lar article she sold got Into the habit of
coming to thla store that Mlas rSmllli
(we will call her that for the sake of
convenience! might wait on them.
Tti is led to her engagement In another
shop at a larger salary, and several
year later, shs was persuaded by the
manager of another emporium to become
head of a department In her special Una
Every move has meant an Increase In
salary. - And through all th changes shs
has preserved her unfslllng gentleness
and food humor. 8he Is not pretty, ah
I not especially clever, but she Is polite.
Surely In her case courtesy was a wise
Investment.
How often It Is conspicuous by Its ab
sence. "One would think to b eligible
You Are
Will you give yourself a life sentence to dissipatiton and failure, or sentence yourself to in
dustry and success? Tou can do either;
THE BEE: OMAHA. THURSDAY,
It Will Accomplish
as a street car conductor on must pass
a competitive e&aniinattoa m discour
tesy," remarked a man aa h stepped
from ona of our surface oars. It would
Indeed seem so. When one meets, as for
tunately ons sometime do, a respectful
conductor, ona actually feels like taking
his number and reporting him aa deserv
ing higher pay. I saw ona such last
week a he helped a blind man from
th car and detained him until the stream
of automobiles had passed before allow
ing him to cross to the sidewalk In front
of the puhlle Institution for those af
flicted aa he was.
The same conductor had lifted my
satchel on th car for me a few minutes
earlier, and when I thanked him he (won
der of wonder) touched hi hat and
said. "That's all right, ma'am." I was
almost tempted to commit tha Imprudence
of tipping him. Which would have been
a mistake, a It I well to have some
officials whom w do not have to dp
in order to get decent service. One some
times wonder if th fact that there I
nothing In the wayv of cash to be gained
Immediately by poltteihtss explains Its
absence on many of our street cars.
As to family lite! Word fall to describe
the difference In the stmosphere of th
house In which th Inhabitant are court
eous to each other. I once visited the
home of a husband and wtfo where gruff
questions and replies- made the casual
observer think that th pair had a rooted
aversion to each other, and yet they
were really a rather devoted couple. Of
course this disagreeable manner waa e
peclally evident at breakfast time, th I
crucial period In the family life at wM
the tempers are tried and tested as at n
other time of the day. But one can be
agreeable If one wishes, even at the
breakfast table. I really think that In
Your Own Judge
By HAL COFFMAN.
-iP'i W iff MW
MAY 2. 1912.
y VIHQIIA TKRHtMi
VAX OK WATER
th family courtesy brings mora genuine
happiness than do brains or riches.
The best beloved people are those who
are most agreable. 1 heard a story ono
of a man who married a woman whom
all of hi friend thought very plain and
commonpfacs. She certainly was not
rlsver. She was a fair housekeeper and
the man' homo waa neat and comfort,
able as th average home, but there was
nothing remarkable about It
till the husband seemed to live la a
state of beatific content. He lined hi
honi and wife, returning to them a
oon aa possible after his day's work waa
done. Th neighbor In th Utile village
In which lie lived wondered at hi de
votlon to th simple homely little wo
man. II had a way 6f saying. "My
wife" as If he were speaking of his queen.
Th the wife died and the man's heart
waa almost broken. The neighbor watch
Ing him, aaw him grow old and gray In
a few weeks, although he did not tslk
of his grief.
They learned that he had given orders
for a stone to be erected over his wife
grave, and they hoped to learn from the
Inscription on It the aerret of this wo
man's hold on her husband, th reason,
perhaps, for his deep love for her.' And
when the aton was In place a group
of the curious vWsgers hurried to the
church yard to read th euloglum they
thought would be carved on the face of
the monument. But they saw only th
wife name and I ha datva of her birth
ind death, and underneath these In large
ters, the words. "She was so pleasant!"
It wsa the highest tribute the man
ould pay to th woman who had blessed
his llf by her happy companionship.
, It la not much of a story-but It may
be helpful to remeoibcr It..
No Matter Where the.
This Little Globe
in the
Br (1ABRKTT P. BLKVIK&
Th hearts of many women whose hue.
bands, father or brothers helped them
aboard the Tltantlc's ltfsbuata, and then,
with resolute souls, scorning th example
of the head of the Whit Star line, turned
hack to the sinking
decks and waited
for a dealb from
which ' they oould
not ascsp with
honor, ar troubled
by the thought that
their dear onea now
lie. In their last
steep, a thousand
mils away from
home "In ths deep
bosom of the ocean
burled."
It la a natural
feeling which hsa
been shared by millions In all times. The
family tomb that 'mark our cemeteries
and th "ramp santos" of Italy, aa they
marked the highway approaching ancient
Athena and Imperial Rom, are a token
of the strength of the sentiment, which
preerrlbes that all th member of a
family shall, a far aa possible, repose In
the ssm soli, remaining within touch In
death a thsy were In lit. It arises from
th religious Instinct and la connected
with th belief In human Immortality. In
Christian land It denoted feeling that.
when the last trump shall sound, those
who hav lived In on another's presence
should rise and step forth together to re
ceive the sentence of the final Judge, It
was a sentiment acknowledged even by
the American Indians, aa I shown by th
dying word of th famou Iroquois chief
Red Jacket: "I do not wish to rise among
the pale faces; I wish to be surrounded
by red men."
Still, It Is a feeling whose demands
cannot always be respected by events,
and ther exists a wide and deep con
solation for those whs must see It vio
lated by th Infinitely varied chance of
terrestrial Ufa This consolation comes
from th reflection upon th littleness of
the earth. Let her whose husband, son
or brother want to his death under the
chill Iceberg, In a sea MO) fathoms deep,
look upon this earth not as a geographer
1 1 1 SB II I
lrr
!
L J
Laying Out Tomorrow's Work
Bf BVKOX H. HTAl'rTKR.
It was ( o'clock, and tbe factory work
ers were trooping past the time register,
each employe pushing a button recording
to th minute hi hour of work that
day.
Thl mechanical exactness, this. convict-Ilk
numbering of men, thla lock
step march paat the clock, wa Juat be
ginning to amuse whatever socialistic
tendencies were within me. when my
friend, th foreman, .after waiting till
the last man wa beyond hearing, re
marked, "I expect a strike tomorrow for
shorter hours."
I felt like telling him thst I sympathised
with the men. that I wouldn't work where
I had to push a button, and that 1
hoped they would strike and win.
But. inetead. I listened to his reasons
why ha thought th hour were short
enough and the waxea high enough.
When w 'reached the corner where our
paths homeward separated I waa still
a silent listener, and a skeptic as well.
"Will you be at the church concert to
night?" I asked In parting.
"N'o. I shall not be able to come," an
swered the foreman quietly. "I must
go back to th factory after aupper and
lay out tomorrow's work."
The lest five words are not used to
Indicate any particular emphasis of the
the speaker, but to give you some taint
Idea of the force with which the an
nouncement collided with my previous
line of thought.
I soddentty lost my horror for the
time recorder. Even the numbering sys
tem didn't appear, quits so had. This
man. who. I had noticed, did not need
to push a button on leaving, had to go
back to work, whue his men could spend
ths evening with their families. Ths ex
ecutive duties could not be measured by
th clock. On tha foreman'e sacrifice
of pleasure that night depended th work
of Ma men next day.
I am making no comparisons. I
aaa not speaking for the employer
against ths employ. I am not making a
point against labor's demands. I merely
13
The jg by" Xad ; ,
Dead Lie on
of Our's They Are
Hands of the Inuhty
retards it, vast and mighty globe,
who bulk blot out ha'f th sky, bat
rather as ths astronomer sees It, a littles
peck floating In space, too Insignificant.
In n physical sanae. to attract tha least
attention from eyes that rang ever ths '
limitless universe. .
Thee are ult ra-mk-roecople beings to
whom a grain of sand would seem aa
hugs and prodigious aa this globe sp- '
pears to us; but If their fate and that
of their grain t sand were under our
control ws would smile pityingly to sea ."
them strtvlag, svwav In death, to keep t '
gether leat some of them should as
ovwrlooksd and forgotten in th final
accounting. For, as mattes on what aid
of their we world they might lie. they ' 1
could not be lost, or avn separated, "
slnoa the whole grain would lightly re
iwposn, mere atom. In th hollow of tha
prelecting hand. Such a speck of and
and Infinitely lees than such a speck-.
la the earth In tha hand of Ulna whs
created It aid th boundless universe
around It. What are a thousand mllsa,
or a thousand-thousand miles, to tha ,
(treat Artificer of the heaven who set
planets revolving around sons la paths
billions of miles In length and mad un
numbered million of sums la bias la
galaxlaa whose, riches no telescope can
fathom and who lights up other galaxies
and system la those outer depth which
ths swift couriers that tread the lumla-i
Itaroae ether are too wearied to traverse?
And what I the film of th ephemeral '
arm ts-th measureless, hotlomlea, etsr
nal deep ef all-enveloping spacer
Wherever we live and wherever wa
die, on thla mite of a planet, wa ar al
ways together and lnsrabl In the eya
of th Infinite On, as th ultra-mlcra- '
scoplc Inhabitants of th grata of sand
would be Indivisible to our our wider
vision.
Farleies had a glimpse of thla gnat
truth when he declared In his famous .
funeral oration that "tha whole earth la
tha tomb of Illustrious men." Tha lllue- , '
Irtoux man of whom ha apok ware those
who had given their live for their
country on ths battlefields of Attica. Just
aa the llluatrtoua men now before our ,
mental vision are tboaa whs Bank with
the ahlp. that th women and children
might still live.
hold before your view that foreman going
back to lay out tomorrow work. Th
clock did not record that extra time; very
likely the man never gave It a thought.
Indeed, tha world over we ar apt, too'
apt to forget th man who I laying out
tomorrow work. Ho may be a foreman,
ha may be a promoter, he may be a far-'
mar. ha may be a cu. plain of industry.
Perhapa it la neat year's work that ha
la laying out.
In cutting out a garment. In writing a
book. In designing a building. In planning
a railroad Una, in organising a business.
In creating a new commodity. In Invent
ing a device, these furmsn ar laying out
the work of tha future for thousands whs
oould not do It for themselves. Tha many '
are well equipped to follow; the few are .
qualified to lead. We will always need
ths architect, whether hs plana buildings,
campaigns, books or Industries.
Bo, a bile we sympathize with all who .
toll with their hands, while we want to
secure for them all they earn and all
th leisure hour they should have, let
u not forget that under any social srs-'
tern tha I'ptopian dreamers may devtse.
tha world will alwaya need th foreman. ,
who slays out tomorrow' work.
Prayer Kada Kentucky Fend.
In a small town In Kentucky Hved Sis
ter climber, a Baptist, and taster cllpem,
a Methodist.
While attenJIne tha church of Sister
Cllpem. bister Climber heard th pastor,
read a report that they had lost a few
members. Ulster Climber shouted:
"Thank the Lord. I'vs been praying,
for th downfall of ths Methodist church,
and ahs's a-falllng.'.'
Soon after thla sickness cam to' th
house of Sister Climber. Her son was '
about to die.
"Thank the Lord for that, declared
Sister Clipem. "I cues my prayer Is ,'
being answered, too. I'vs been praying
for something to happen to that family
cud It'a a-happenlng." r
When Sister Climber received this In
telligence through a neighbor ah seat to
Sister Cllpem tha following word:
"I'll quit praying it you will." Mew .
York Sun.
t