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Updated: June 13, 2025
Up to two or three years ago one might have said that not a single case had been decided in the courts of any State or of the Federal government against trusts or combinations, which might not have been decided the same way under common-law principles had there been no anti-trust legislation whatever.
No, gentlemen; it is a claim clearly defined, firmly established; never yet doubted, never yet denied: it is a claim, not only recognized in the common-law of every land, protected in the statute-books of every nation, but it is a claim, gentlemen, which springs spontaneously from the heart of every human being it is the right of a son to his father's inheritance.
Stockton & Stokes, of the State of Maryland, against the Postmaster-General, and which have resulted in the payment of money out of the National Treasury, for the first time since the establishment of the Government, by judicial compulsion exercised by the common-law writ of mandamus issued by the circuit court of this District.
Stockton & Stokes, of the State of Maryland, against the Postmaster-General, and which have resulted in the payment of money out of the National Treasury, for the first time since the establishment of the Government, by judicial compulsion exercised by the common-law writ of mandamus issued by the circuit court of this District.
If it be proper to state the common-law meaning of promise and contract in this way, it has the advantage of freeing the subject from the superfluous theory that contract is a qualified subjection of one will to another, a kind of limited slavery. It might be so regarded if the law compelled men to perform their contracts, or if it allowed promisees to exercise such compulsion.
There appears to be no law for the arrest of persons charged with common-law offenses, such as assault, robbery, and murder, and no magistrate authorized to issue or execute process in such cases.
I therefore urged before the National Association of State Libraries, at their annual meeting of 1909, that they should use their influence with the various State governments at least "1, that all revisions be authenticated, authorized, and published by the State; 2, that the annual laws be separated, public from private, and be printed by numbered chapters arranged either chronologically or topically; 3, that the indexes be arranged under the forty general heads used by the New York State Library in its annual digest, with such additional heads as may, perhaps, prove necessary in some States, such as, for instance, Louisiana, which has subjects and titles of jurisprudence not known to the ordinary common-law States; 4, that the constitutions be printed with the laws; 5, that every State, under a law, employ a permanent, paid parliamentary or legislative draftsman whose duty it shall be to recast, at least in matters of style and arrangement, all acts before they are passed to be engrossed."
One would like to know whether this was the first case of female rebellion in Massachusetts against the common-law right of a man to correct a woman with a stick not thicker than his little finger a rebellion which has resulted in the position of man as the tourists saw him where the New Hampshire Amazon gave them a meal of victuals; and whether the girl married the man who planted the twig, and, if so, whether he did not regret that he had not kept it by him.
So many desperate deeds were done in this country; so many dishonest expedients resorted to for money, for land. My question gave Fortescue embarrassment. He stammered, colored a little, then went on to say that he had witnesses to the marriage; that the ceremony was not performed by a minister, but that he and Zoe had entered into a common-law marriage.
No less indicative is it of a new world that the allowance laws of all the western belligerents recognize common-law marriages. In our own law, marriage is "presumed if the man and woman have lived together in the openly acknowledged relation of husband and wife during two years immediately preceding the date of the declaration of war."
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