first chapter by calling attention to the difference
made by steel and electricity, to the fact that it
took longer to get from Boston to Washington in 1776
than it does to-day from Maine to California and back;
that it took longer even for the rural legislator in
the Connecticut Valley to get to his State Capitol
than it does to-day to go from there to Washington.
But no one, I think, has ever called attention to
the enormous differences in living, in business, in
political temper between the days (which practically
lasted until the last century) when a citizen, a merchant,
an employer of labor, or a laboring man, still more
a corporation or association, and lastly, a man even
in his most intimate relations, the husband and the
father, well knew the law as familiar law,
a law with which he had grown up, and to which he
had adapted his life, his marriage, the education
of his children, his business career and his entrance
into public life—and these days of to-day,
when all those doing business under a corporate firm
primarily, but also those doing business at all; all
owners of property, all employers of labor, all bankers
or manufacturers or consumers; all citizens, in their
gravest and their least actions, also must look into
their newspapers every morning to make sure that the
whole law of life has not been changed for them by
a statute passed overnight; when not only no lawyer
may maintain an office without the most recent day-by-day
bulletins on legislation, but may not advise on the
simplest proposition of marriage or divorce, of a
wife’s share in a husband’s property, of
her freedom of contract, without sending not only
to his own State legislature, but for the most recent
statute of any other State which may have a bearing
on the situation. Moreover, these statutes, which
at any moment may revolutionize a man’s liberty
or his property, are not as they were in old times—a
mere codification, or attempt at the best expression
of a law already existing and well “understanded
of the people”; but may and probably will represent
a complete reversal of experience, an absolute alteration
of human relations, a paradox of all that has gone
before; and even when they endeavor not to do so, as
in the case of that Massachusetts statute above referred
to, their authors’ lack of education in the
science of legislation may unintentionally cause a
revolution in the law. And even when a statute
does not do this, no lawyer can be certain what it
means until, years or decades afterward, it has received
recognition from an authoritative court. That
is why much complaint has been made of lawyers; they
are said not to know their business, not to be able
to tell what the law is. The head of a great
railroad has recently complained that he was only anxious
to obey the law, but had great difficulty in finding
out what the law was. Any good lawyer with common
sense knows the common law and usage of the people;
but no one could tell at the time of its passage what,
for instance, the Sherman Act, enacted twenty-three
years ago, meant; the twenty-three years have elapsed;
the anti-trust law has been before the courts a thousand
times, and the best lawyers in the country do not
to-day know what it means; and the highest tribunal
in the land is so uncertain on the subject that it
has ordered the Standard Oil case reargued.