CENTRALIZATION AND THE LAW
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because it aims at monopoly;" notwith government regulation of railway rates, and standing the plea, that labor was combining so the law, relative thereto, is in transition. only to defend itself against capital, and The forces are in conflict. Which will pre that such combinations are within the right vail is uncertain. When, however, one has meaning of competition. conquered, it is inevitable that the law The changes which in England have been finally will become the expression of that wrought in the body of the law since the dominant force. If the railways shall pass Norman Conquest can be understood intelli into one monopoly, and this monopoly shall gently, only as we learn the changes in the prove its power to fix its rates at will, then condition of society which preceded and the law will so declare. On the other hand, made them. The old common law, which if the view of President Roosevelt shall pre was sufficient for a feudal society, without vail, then the rates will be determined by a cities and without commerce, gradually and body outside the railways, and these rates slowly changed, both by statute and judicial will be upheld by the law, even though the decision, as the business and moneyed result should be confiscation of property classes took the place of the martial class without compensation. One must not conclude, however, that as the dominant power. These changes in the law came nearly the law is without guide and veers at hap unseen, and with little recognition of their hazard with every change of the wind. It importance as they were made. Occasion always follows some conception of right; and, ally, though, the change was abrupt, and if the conception is wrong, then there is a sometimes was accompanied by lawless out discrepancy between the law of the courts breaks. These always indicate that the and the law of business, and a failure of law lags too far behind the new conditions justice. of society. The law must yield to the This law of the courts, though, conformed dominant force of the time, or it will be to the pursuits of men at one time, and then shattered. Its control depends upon the followed a correct conception of right. It energy behind it. When it is the expres is because it has not changed to conform sion of that energy it is all-powerful; but if to the present pursuits that there arises the the conditions have changed, and it does not discrepancy. Courtesy and dower were change, it can effect very little. Constitu adapted to feudalism, and the law then fol tions even mean little more than the condi lowed a correct conception. They are an tions of the time of their interpretation incumbrance to-day, and bring reproach upon the law. require. Take as illustrations, the liquor and The rules of practice are a good illustra lottery businesses. When they were con tion of both conditions. Practice, at com sidered to be reputable callings, a statute mon law, conformed to the prevalent con closing the business without compensation ditions of society. Where it remains, it to the owners was held to be unconstitu is an anachronism. In Massachusetts it tional. When public opinion changed, such conforms pretty closely to modern concep an act was held to be within the Constitution tions. In England it conforms altogether as an exercise of the police power of the to, and allows a true expression of, the claims State. Upon the same principle, Congress of business men. Codes are another good can make the business of the Beef Trust illustration. So far as they are the expres criminal, and close all its establishments sion of the times they are sound. If, how without compensation. ever, they become rigid and unchangeable It is not yet determined which is the they are obstructions, as no longer respon dominant force in the vexed matter of the sive to the altered conditions of society.
