Page:The Green Bag (1889–1914), Volume 07.pdf/428



CURRENT TOPICS. Novels as Legal Author1ty. — It is tolerably well understood that Mr. Howells is anxious to sup press the vogue of the Waverley Novels in order to make an opening for his own. Mr. Howells has undertaken a serious task. He will find much difficulty in persuading people to accept " The Lady of the Aroostook " for " The Heart of Mid-Lothian," or "Silas Lapham" for "Old Mortality," or "A Modern Instance " for " A Legend of Montrose." It is extremely doubtful that any of Mr. Howells' tales will ever be cited by a grave legal author of the first rank to elucidate the history of legal customs. Mr. Maine, in "Early Law and Custom," twice pays Sir Walter Scott that tribute. To illustrate the fact that the early English kings made " progresses," by which they united the administration of justice with a prudent living at the expense of their lieges, he cites " Kenilworth," with its description of Queen Elizabeth at that stately seat. (He shows that King John was so little discouraged by his enforced granting of the Great Charter, that he kept right on " progressing " with the greatest industry.) So also, to illustrate the land holder's enforcement of tribute from his tenants, he cites "The Bride of Lammermoor," observing: — "But perhaps fiction is even more instructive on the point than history. Turn to the ' Bride of Lammermoor,' and gather from it the opinion which the feudal tenants of the Lord of Ravenswood had of the raids of Caleb Balderstone on Woloshope — extend this to a whole popula tion and understand that a legion of Caleb Balderstone overran France — and one may be able to bring home to oneself the view which the French peasantry took of the institutions under which they lived." Sir Henry does mention one American in this work — the late Professor Hammond, of whose preface to Sanders' edition of Justinian's Institutes he says that it contains " much the best defense I have seen of the classical distribution of the law " into the law of persons, of things, and of actions. Such a com pliment reminds one of what Thackeray said of Gib bon's praise of Fielding — it is like having your name inscribed on the dome of St. Peter's.

The Curfew. — A good deal of harmless criti cism has been aimed from the newspapers at the recent statute of Minnesota commanding that young persons shall not be allowed in the streets after a certain hour in the evening — nine o'clock, we be lieve — unless attended by some adult person. We are not informed of the precise wording of the act, but this is the substance. It has been decried as tyrannical and puritanical, and likened to the blue laws of Connecticut. It seems to this Chair a very sensible piece of police regulation. The license that children have to walk the streets at night is a danger ous and unnecessary one. They are much safer at home. They ought to be able to get all the out-door exercise and recreation they need in the daytime and early evening. The darkness and the moonlight are not essential to their proper education, nor to their happiness. If they need to be out late, let them have sponsor or guardian to take care of and answer for them. If the cigarette laws are defensible, much more is this. Indeed it is a much less offensive interference with personal liberty. So let curfew ring, in spite of the railing-of the smart-Aleck news paper writers.

Fr1ends. — It seems that one of William Penn's descendants has been at law with the city of Easton, Penn. The great Quaker deeded to that community a site for a court-house. Why a peaceable and lawshunning Quaker should have done this, we cannot imagine, any more than we could imagine why he should have deeded them a site for an armory; but he did. Many years ago the court-house was torn down, and the site was converted into a public park, and it is reported that the court has held that this worked a reverter of the land. Probably William would not have insisted on his rights in the premises, but the modern Friend has always united thrift with piety. He has always kept himself informed " how calicoes go at the India House." (See Charles Lamb's "Imperfect Sympathies.") Just now the Quaker-delphians have hoisted a huge and hideous effigy of Penn up to the top of the lofty tower of their grand City Hall. It would have been much more 393