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death fall upon the empty seat of sonic loved or
bereaved friend without finding the darkest and
gloomiest thoughts realized, recognized, and com
forted in the sacred word, God's revelation of
Himself. And so our hope of immortality must
rest not so much on human philosophy, or the
opinions of scientists, preachers, poet or sage, but
on the existence, love and care of one who has
not made his children for naught, but who thinks,
plans and cares for them with an everlasting love.
In the story of one of the most beautiful friend
ships that ever existed upon earth, we read that
Jonathan said to Daniel: "Thy seat shall be
empty, and thou shalt be missed." How many
times have I thought of these words in connection
with the death of our friend. 'l'he seat which he
has filled so long and so well, is empty and he is
missed and will be for many a day—missed in the
home, and at the fireside of his friends and kin
dred, missed in our social pleasures, missed in our
councils, in the class room, in the Sunday school
and prayer-room, missed wherever there was duty
to be done, missed wherever there was an oppor
tunity of doing good.
But let us not repine or murmur at our loss, but
bow 'in submission to the divine goodness "God's
thoughts are not our thoughts, nor his ways our
ways." Let us be glad that he has given us in the
loss of our friend and preceptor, so shining an ex
qmple of Christian manliness, and let us emulate
that life in its faithfulness and devotion to the
cause of purity, truth and all noble achievements.
Speaking for you and for many others as well as
for myself ; I lay this tribute of esteem and affec
tion upon his grave, and close with these lines
from "In Memoriam."
1 wage not any feud with Death
For changes wrought in form and face ;
No lower life that earth's embrace
May brood with him, can fright my faith.
Eternal process moving on
From state to state the spirit walks ;
And these are but the shattered stalks,
Or ruined chrysalis of one.
Nor blame I death because ho bare
The use of virtue out of earth ;
Ilow many of the readers of this question
understand the meaning of the oft•used phrase,
"the common law ?" We say, "Such and such is
the rule at common law. " " The common ltw
is so and so, but statute low is otherwise." I fear
the vast majority of 'people, including a very re
spectable number of practicing lawyers, do not
know the full import of the phrase, if, indeed,
they even have a toleroble idea of its meaning.
The reason for the failure to comprehend it is
easily found. It is not something that may be
defined. Justice Swayne denominated it " Rea
son dealing by the light of experience with human
affairs." Blackstone called it '' Nothing else but
custom, arising from the universal agreement of
the whole community," or in another place, he
says; it is " Custom handed down by tradition,
use and experience." It is something that grows
and expands with new ideas of right and justice.
The common law of one country may not be the
common law of another country. We are accus
tomed to me the phrase " the common law " as
referring to the common law of England, because,
when cur ancestors came to this continent they
brought with them this common law, and claimed
it of their right. What was this common law of
England, and what can now be said to be the
1 know transfigured human worth
Will bloom to profit, otharwhoro.
The great intelligences fair
That range above our mortal state
In circle round the blessed gate
Received and gave him welcome there
And led him through the blissful climes
And showed him In the fountain fresh
All knowledge that the sons of llesh
Shall gather in the cycled times.
Vor this alone on death 1 wreak
The wrath that garners in my heart ;
Ile put our lives so far apart
We cannot hear each other speak.
But what of that? Oar darkened ways
Shall ring with innate all the same;
To breathe our lose is more than fame
To utter lure more sweet than Praise.
THE COMMON LA it