The Guthrie Daily Leader. (Guthrie, Okla.), Vol. 23, No. 1, Ed. 1, Monday, January 18, 1904 Page: 2 of 8
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PAQE TWO
THE LEADER QUTHRIE OKLAHOMA MONDAY JANUARY 18 1904.
OOOOOOOOOOCOOOOO O klng; nnd a fnythicnl tale of the nncl-j
q em nreionans tens nuw lie utm ""
o'rtem from an Immortal a nymph j
oJwho Jnnplred his work with heavenly i
O'wtadom It U now certain that the'
O'conxtitutiou or tno government wan es-
o'tai)llBh'd and the law ami method of
o pnirfiltiro revised and formulated hy
OOOOOOOOOOOOOOOOO Sorvlus Tullli the lxthoml next to
" jthat In ascribed to him represents a
In casting about for a nubjort upon growth of prhap many precedlns
which to addtess the owanoma nr
noK.ir-intl.in it iirriirred to me ihat a
COMPARATIVE JURISPRUD-
ENCE. .Written by Samuel
W. Moore of Kansas City
and .delivered .by .Cyrus
Crane his partner.
BECOMING
A MOTHER
l.r.cf .n.llr.rlUlon of the UUeCt Ol
Comparative Ju-prnJenee tnlKht
lrviv- loss warlsomo to you than any
othi-r topic 1 might writ iip 1
r.athp.l this conclusion for the reason
that 1 do not feel competent so aay any
thtnp upon the practical and e pry-
day problems of the profession ihat
u i mid wither Instruct or ent rtaln ou
and for the fun her reason that for
some time ! liai lx'pn niaKIng a eul-If-ction
of tho laws and constitutions
of foreign countries and the study hag
proven so Interesting to myself that I
have ventured to hope that a brief
sketch of tho different ayatemB of Jur-
isprudence may Interest you
Broadly spanking there are four
systems of laws In force among civil-
ized or seml-clvllljjed peoples:
First: The civil or Ilomnn inw more
years
By the time of the republic howev-
er the Jurisprudence which regulated
the domestic relations of the Roman
cltizena their business transactions
with each other their Individual rights
and methods of enforcing them were
1 largely developed upon principles and
I with rules that continued to be in
ttnany Important respect the govern-
ing law of the citizens for nearly a
thousand years.
About '170 B. C. It was consolidated i
for the first time by a commission of!
Decemvirs with many additions from
Grecian sources into the famous code
known as "The Twelve Tnbles" which
for centuries regulated In an extreme-
ly complex and technical system the
domestic and business relations of
Roman citizens. It was administered
at first by a single officer the praetor
urbanus elected annually. Later the
Is an ordeal which H
women approach with
indescribable fear for
nothing compares with
tho pam and horror of
child-birth. Thft thmirrJi
of the suffering and danger in store for her robs the expectant mother
of all pleasant anticipations of the coming event and casts over her a
shadow of gloom which cannot be shaken off. Thousands of women
have found that the use of Mother's Friend during pregnancy robo
confinement of all pain and danger and insures safety to life of mother
and child. This scientific liniment is a god-send to all women at tho
time of their most critical trial. Not only docs Mothers F '-tld
carry women safely through the perils of child-b-'-th but itrf u4
gently prepares the system for the coming event prevents "mornm
sickness" and other dis-
&PJ&& MOTHER'S
containing valuablo information free.
Tfco Dradfiold Ronulntor Co. Atlanta Ca.
ft
ft
$
FRIEND
or loss modified by local customs on number was Increased but one the
molern legislation prevails today in I urban prantor was always the head
all tho European countries which form- of the Judhinry.
da part of tho ancient or mediaeval in the course of the growth of tho
Roman omplro; that Is to say In Italy
in Greece and the rost of southeastern
Europe (so far aa the Christian part of
city and the influx of foreigners it be-
came necessary to provide some regu
lations for their conduct for the gov-
the population is concerned) In Spain ernnient of their business transactions
Portuunl. Switzerland trance Ger
many Belgium nnd Holland. The lead
Ing principles of Roman jurisprudence
prevail also in Denmark Nurway Swe-
den Rusalp and Hungary; and in the
Canadian province of Queboc Ceylon
British Guiana South Afr'oa. German
Africa and French Africa: also in the
regions formerly owned by Spain or
Portugal Including Mexico Central
America. South America and except
as recently modified in tho Philippine
islands; nlso In our own state of Louis-
iana. Second: Tho English common law
which except aa modlflod by legisla-
tion is in forco not only in England
nnd the United Statos (except Louis-
iana) and tho Hawaiian islands but
In Wales nnd Ireland and in most of
tho English colonies Australia Now
I Zealand nnd all Canada except Que-
i hoc and In India altliiugh In India
a native law is also administered. It
Is est'matcd that thore are probably
ono hundred and thirty millions of
persona (without counting the nations
of India) who live under tho English
common law. And the number Mvlnf;
undor some modorn form of ttv Sir.
man law I; still turgor.
Third; Thn Mohammedan law r-
tho law of Islam which is In force In
India. Porsia Turkoy in Asia. TurkeM
In Europo Arabia Little Tartary ant!
Little Bokhara comprising an im-
mense territory six timos greater ilia"
the whole of Europe taken together.
Fourth: The Chineso law which is
sui generis bearing no relation what-
ever to any other system and which
pipvalls In China with Ite four or five
hundred millions of people and whicti
Is also tho foundation upon which iu
built tho modern system of Japan.
I' la of course impossible in a jmper
llko this tu go into a full discussion of
llic - dlfferc.w forms of law the ono
or tho other of which governs the
whole clvlllzod globe but a brief no-
tice of tholr origin and of Mine of
their peculiarities of their points of
-difference and of their resemblances
may bo found of intorost
The Civil Law.
Tho civil law Is derived from the
ancient Roman lnw aa dovelnped In
tho long courso of its hUtory n a
kingdom a republic nnd nn. omplro
from tho foundation of Rome tradi-
tionally 730 yoars beforo Christ to the
codification under Justinian A. D 62S
more than twelve conturlos and a half
Its earliest principles and regulations
nro ascribed to Nuran the second
fSffifcssKxSbcffior-
DISCOUNT
10 to 20 Per Cent.
ON ALL
r
V-iT
Established April 2fi 1889.
The Oldest Drug; House in
Oklahoma.
Our "vlottcJ
"iot the cheapest but the best at the lowest
prices consistent with a living profit.
v
ft
ft
ft
B.LILLIE'&CO.
Victor Block.
Phone 7 both systems.
mumu.urt
For sale by J. N Wallace
r
iMOIIlclCD
lllMMO II
cured by I
& DYSPEPSIA CUReI
Under allcurablecondilionsj
Mr. O. Ksuble of Mrs.W.W. Lay 3
Novad. O.. was ler ol HIIHsrd. g
cured by Kodol A Pa- was cured
of stomach XA of Chronic I
troublo which ! Dyspepsl by
had effected fAWA he uso ol 1
hU heart. fMtbWk. Kodo1- I
Ml lijr ffl 1 1 Mm'
P 917
asts KODOL flBa
with each other and with the citizens
and the litigation arising therufrom;
and nbout 200 years D. C another
court was esiaunsueu ami nnotner u- y
or Judge for aIens was also annually a
elected. This court was not governed y
ll ft (AnltnUnl ...In.. n. . I. A !.. f..lt. jfl
but by what was styled the jus gon-
tium ihe law of nations which did
not mean International law but tho A
principle"" of right and justice com- V
mon to all mankind; a system of gen-'i
oral equity as declared by tho praetor r.
This was at first strictly confined to $
transactions and suits between or ro- A
Inling to foreigners but by its liberal W
JhIh1a- .....1 ..t.. . 1 1... .'
luiiiL'itJiuH iinu i uiua liruuuuiiy cumu
to bo applied to tho business relations
of citizens themselvos whore tho'
strict rulos of the older law failed to; A
prevent Injustice niach as tho growth $
of tlie powers of tho court of chancery A
reMoved the deficiencies of the courts I $
of tho common law in England
fact however both systems continued
to exist aide by side for more than
four hundred years until the Emperor
Cnfacalla by giving tho rights of Ro-
man citizens to all the free Inhnblt-
h or the whole omplre mndo It im
possible to maintain tho technical law
of the city among so groat and diverse
a popuiiUon ad a sort of compound
aystora based upon the Jus gentium
in reality an elaborate equitable Jurls-
pru e.iw? became the general Taw of
the wholo people.
The written portion of this law came
from two souices the reeponsa pru-
dentlum the nmswers of the loarned
and the praetorian edict.
Unlihe the practice under the com-
mon law where the decisions of the
i'iges form tho precedents for future
cases the Romans took their prece-
dents from the opinions of counsel.
A number of learned and worthy men
who had made a special study of the
lnw nnd I s interpretation rendered
opinions to their clients and pupils up-
on real or Imaginary cases; nnd some-
times when requested to the Judges
themselves interpreting the brief
sentencos and crabbod passages of the
twelve tables and oxpoundin tho gen-
oral principles of the "law ot nations"
of common right and dutleb. Origin-
ally they were independent of the gov-
ernment and the value of their opin-
ions rested upon tho character and
reputation of the Individual by whom
thoy wore given; but when the ompirw
was established Augustus and his suc-
cessors confined tho right of giving
opinions to a limited number of coun-
sel usually eminent for learning se-
lected by the emperor and forming a
body of men who opinions had near
ly such force as judicial decisions have
with us. These were gathered up and
published from time to time in trea-
tises but without any more particu-
lar order than Is to be found in an
ordinary volume of reports.
ThouMn h of volumes and several
millions of such opinions wore thus
collected. Fpr more than a century
before the downfall of the republic the
prao or (when there wtu but one) and
the principal one (when the number
wan Increased) signalised bis ao9-
lon to office by publishing what was
called tlie praetorian edict announc-
iiu ibe dah ot t.ie coming year upon
which courts could be lawfully held
it'KulatlonH as ro procedure and a
Matement of ibe equitable principles'
laud interpretations of former law up
on which he j:opoed to conduct his
office. Bach succeeding praetor took!
the edict of his preiecessor as the'
nasi pi nis own. aaaiug to or modify-!
Ing It m circunm a noes seemed to re-1
quire This practice was continued:
under the empire for upwards of one
hundred and thirty years by whieu''
time the edict had reaobeJ the form1
a;i l proportion of a regular treatise; '
and the Hraperor Hadrian forbidding
any further add I ions it thereafter
continued in force as the perpetual
edict and In turn became the hauls of.
opinions interpretations and commen-
taries which formed another vast body
of die written law.
The laws of a general nature passed
during the republic the decrees ot tae
htmot and edict and decision or the
emperors each of which latter hal
i the force of law. and wvr !! rler on
thfeae edicts formod ano.hor lmra6nso
body of wr.atii law
Thus about four hundred and thirty
j'oara after Qhriat the body of the Ro-
man law was a chaos of opinions and
treatises the perpetual odio. and its
commentaries statutes ani Imperial
i (Continual on. page C.)
H
eatin
Cook
v
$ nWsaBiMBBmaasmmssaHSBiisBBsaBSBBBnai
r& . A Li
g ol'oves I
Stoves i
v H
s Xlt
V
V
I and
i Steel Ranges
p Except the Great Majestic Stexel Range.
LAUX
Abstracts Insurance Loans
Ittar Logan County Bank.
To make Room
.... - M .
In S
El tor our hpnn
bit- a
JXOCK
Spencer Hard ware -Co. Guthrie.
s
r
V
V
V
V
L4k
4
4
'4
V
&II?X3IJiI
Oh as. 1'oud. President
Hattle M. Pond Secy.
WIMathia Tieag
Guthrie Laundry Go.
INCOItPOKAfnD
V AGENTS WANTED IN EVERY TOWN J
t?0000000
REMEMBER YOUR EXPERIENE
Of isxst winter. Now is the time to hiiy
your COAL. Any kind you want. V
N. F. CHEADLE.
PhATin K Office and Yards
g A "WUO U y i2i West Oklahoma Ave. Jj
OOOOCX)CKXXXOCXXXXXKCCCOOC)OOCXX0XX)OvXXX)OOOOOOOCK
ft s
I REMOVAL! REMOVAL!
$
m
f
1
I
9
&
tTA
On or about the 1st of February we will be
found in our new quarters first door East of
Lo(;an County Bank where we will be pleas-
ed to meet all our customers and lriends.
g
v
v
Ow'l DrugS
tore
A full and complete stock of Drugs Etc. $
Prescriptions carefnlly compounded. $
!&5ffi5.3ffiS&0 I&33C3-33&
Wecanpla:cyou InOocd Positions
tnroucti our Kmploymcnt liureau
fvcojncwiwaoaortos;opoaosnouoK5CCG(owi-xpoiiM3a
voi.vo
VOUSO Mu8ibegooatenuf;raptiersortjoolc
AVOAIKN' rfifrfT IV.nr.Mr.Biii.li.fTlir
KANhAS WtSLBYAN IlUSlNRNS COLLKOE. Largest and best -quipped Uusl-
gen College WcH of ine MlK.lislppl lilRbeBt tiand.irt- national reputation
Seventeen professional teachers l'osltli.nn guaranteed to all co rpetent Sten-
osrupberk and lluokkeepers from our nhool Jonrnal frre Tuition low. Hoard
Business College
cheap
UractuaK- sen. to all carta ot the world idreb
T V. UUAC.II Hupt. Sillna. Kansas.
KXUliX)V&iW&i!MtKmiMMtw
CALIFORNIA!
Pick up any paper you please and items like these
greet your eve:
"'Bitter Co'd and High Wind."
"Mercury Near Zero Mark."
"Cold Wave Covers Country. "
"Three men and a woman perish and many per-
sops are frost-bitten." '
And yet white? lias only begun! '
What are you going to do about it?
Will you flht through three more months of Arctic
weather or will you j in t be army thnt is now head-
ed for the sunnv valleys of Southern California? If
u are wise you will k" t California. It is less
than three days distant; a round trip ticket costs
only $)) And your ticket is good to return any
thne within nine months of date of purchase. la
California in mid wintt-r. you can live just about as
you do at home iu m-d summer -bathe play golf
pick fruits and flower- drive or loll lazily in the
uo while you watch the surf break along the shore.
AND IP IS LESS THAN THREE DAYS AWAY
Best way tu get thre U vh the Kock Island Sysl em
Two routes: Southern via El Paso; Scenic via Colo-
rati j. Take your choice. Golcleu State Limited
r.-!. daily Deo. 0 to Aorll U Chicago and Kansas
Cltv to Los Anifeles. Santa Barbara and San Fran-
cisco Tourist sleeping cars dally via El Paso
three time a week thro' Colorado.
ggggS33BffigCGBi5gfiSBgg)3g5ffl
I d. B FAIRFIELD
I TRANSFER COAL
AiUB STORAGE
Phone 20. Office and Yards 407-409 W. Prison
kSa?s!s3SS4eses3aesafiKi3a5a:5esMes2aeS
tftS:BC?K
Full Informostlf n on Requ&t
KtcUslaod
System
J. s.
j
A.
McNALLY. D. P.
Oklahoma Qtty Okla.
GEO. H. LEE. G. P. A.
Little Rock Ark.
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TH.E NEW
USB
& w &k o w m tk a v
Hi Ibi BSmb Oaf V
H "f If SH El HI a ft
The Fastest Growing
Store in the City . . .
A rVWrrr
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TERMS STRICTLY CASH
PRICES MODERATE!
You pay for your
own goods ONLY
I
Cor Harrison &nd
aj - rva jLtivision oireei o
ft g
Phone 40.
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The Guthrie Daily Leader. (Guthrie, Okla.), Vol. 23, No. 1, Ed. 1, Monday, January 18, 1904, newspaper, January 18, 1904; (https://gateway.okhistory.org/ark:/67531/metadc75999/m1/2/: accessed April 25, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.