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Updated: June 13, 2025
Captains and mates will not now-a-days follow that lead, because they cannot trust their men, because with every emergency the morale of the forecastle is utterly gone. For all this there is of course no universal panacea. Nor do I believe that legislation will much help the matter. The common-law of the seas, well carried out by competent courts of admiralty, is better than many statutes.
The Federal statutes permit naturalization by any court of record in the United States having common-law jurisdiction and a seal and clerk, except the police court of the District of Columbia, and nearly all these courts exercise this important function.
Conway," she said, and flicked a crumb off the table with an over-manicured finger. The name was scarcely a surprise. I had already surmised that this might be the woman whom rumor credited as being Bronson's common-law wife. Rumor, I remembered, had said other things even less pleasant, things which had been brought out at Bronson's arrest for forgery.
Whatever legal uncertainties have arisen have been chiefly owing to two questions: first, What is interstate trade within the meaning of the act? and second, Did the act enlarge the common-law rule as to what restraints were unlawful? The act was nearly shipwrecked at the outset on the first of these questions.
This court has a power of scent unknown to the Common-law practitioners, and slowly yet surely tracks its game; even as the great lumbering dogs, now introduced from Spain, and called by some people "pointers," differ from the swift gaze-hound, who sees his prey and runs him down in the manner of the common lawyers.
The other question Did the Sherman Act change the common-law rule as to what restraints and monopolies are forbidden? has been even more troublesome. The lawyers in Congress who framed the law believed that it did not.
Under liberal notions, prevailing until recently in all our States, certainly in all where the so-called common-law marriage prevails, it is extremely easy for a woman to prove herself the lawful wife of any man she could prove herself to have known, and sometimes even without proving the acquaintance.
Common-law judges sometimes talk about the law, and school-masters talk about the latin tongue, in a way to make their hearers think they mean entities pre-existent to the decisions or to the words and syntax, determining them unequivocally and requiring them to obey.
What, then, is this common-law rule which President Taft found so clear? No one has discussed it more lucidly than did the youthful Circuit Judge Taft himself in delivering the opinion of the Circuit Court of Appeals in the Addyston Pipe & Steel Co. case, an opinion in which his two associates on the bench, the late Justices Harlan and Lurton, concurred.
On Lord Eldon enquiring whether he relied on common-law or statute-law, the counsel for the defence answered firmly, "My lord, I rely on a well-known maxim, as old as Magna Charta, Nine Tailors make a Man." Finding themselves unable to reward a lawyer for so excellent a jest with an adverse verdict, the jury acquitted the prisoners.
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