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Updated: May 9, 2025
Bring me King James to Edinburgh, Captain, with thirty thousand men at his back, and I'll tell you what I think about his title; but as for running my neck into a noose, and my good broad lands into the statutory penalties, 'in that case made and provided, rely upon it, you will find me no such fool.
The agitation of the last fifty years, caused by the demand for equality in educational opportunities and in professional, business and trade relations, as well as for the legal and political recognition of women, has brought about great changes in these laws, until they are in many instances almost entirely superseded by statutory enactments more in accordance with the spirit of justice and in greater harmony with the requirements of a higher form of civilization.
"Yas sir, Perfesser Henderson done lib here," he replied, in answer to a question from some one. "But he am bery busy jest at de present occasioness an' he'll be most extremely discommodated if yo' obtrude yo' presence on him at de conglomeration ob de statutory limitations, which am to say right now. Come again!" "It's the same old Washington!" said someone outside, laughing heartily.
And now we find the first statutory origin of that utterly fallacious principle although alive to-day that the state, in a free country, a legislature-governed country, has the right, when expedient, to fix the price of anything, wages or other commodities; fallacious, I say, except possibly as to the charges of corporations, which are given special privileges by the government; the principle, which prevailed throughout the Middle Ages, of fixing the prices of all things.
The politicians, on the other hand, preferred to make capital out of those questions on which they failed to make any impression upon Government, though the real difficulty very often lay in the rigidity of the statutory control exercised by the Central Government over Provincial Governments, and by Whitehall over the Central Government. The inevitable consequences soon became clear.
Thrusting a rigid prohibition or command into the operation of these forces is apt to produce quite unexpected and unintended results. Moreover, we already have a great body of laws, both statutory and customary, and a great body of judicial decisions as to the meaning and effect of existing laws.
The misconception in regard to this has arisen from the fact that under certain regulations paroles are granted before the expiration of the statutory sentence. An indeterminate sentence is a commitment to prison without any limit.
It inter alia, enacted that the fact that the offending engine was used under statutory powers should not affect liability in any action for damage. Next came the Trades Disputes Act, 1906, a short measure of five clauses, but none the less of great importance; a democratic law with a vengeance!
The effect of this enactment is that no pupil or person under twentyfive years of age is to be called to a statutory guardianship; for it was most incongruous to place persons under the guardianship or administration of those who are known themselves to need assistance in the management of their own affairs, and are themselves governed by others.
In all my letters to Cæsar or Balbus there is a sort of statutory appendix containing a recommendation of you, and not one of the ordinary kind, but accompanied by some signal mark of my warm feeling towards you. See only that you get rid of that feeble regret of yours for the city and city ways, and carry out with persistence and courage what you had in your mind when you set out.
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