464 JURISPRUDENCE 



pies of the science of architecture in the building of a house. The 

 carpenter and the architect in common use stone, brick, mortar, 

 and wood; the structure made by the carpenter may be strong and 

 may serve as a shelter from the storm; but the architect puts some 

 things into his building which are not material. We call this adapta- 

 tion to a particular use; proper proportion, adornment. The one 

 has a knowledge of a body of principles which the other does not 

 possess. This knowledge is science. The application of it in the 

 construction of a building is an art. Is there an art in formulating 

 law for the conduct of peoples? A tyro may put together words 

 and create a law. ^It will have authority, and may chance to ex- 

 press some true principle of government, but it will not have proper 

 limitations; it may disregard conditions; it may destroy or impair 

 the operation of other principles of equal value, or create the very 

 evil it seeks to destroy. 



Suppose a legislature, impelled by some sentimental reason, exer- 

 cising its political and legislative power, should undertake to deter- 

 mine the primary evidence of a contract in an action thereon between 

 principal and agent, and should enact that the paper containing 

 the order to which the principal affixed his name with his own hand 

 should be the best evidence of the authority given. This would 

 give expression to a very sound principle, for is not my letter to my 

 agent the true and best evidence of what he is to do for me? But 

 what about orders by telegraph under such a statute? This great 

 agency of commerce is overlooked. The agent will not act upon 

 the message delivered to him, for it is not the best evidence of his 

 authority under such a statute. Wise jurists have worked the pro- 

 blem out differently in the best interest of trade by making the dis- 

 patch delivered and to be acted upon the best evidence. Under 

 a statute such as we have supposed, the use of one of the greatest 

 facilities of commerce would be practically destroyed, while under 

 the rule formulated by the jurists the telegraph has become an effi- 

 cient factor in modern business. 



Again, a legislative body determines in its legislative capacity 

 that it will prevent the formation of industrial " trusts " and passes 

 an act declaring all contracts, combinations in the form of trusts or 

 otherwise in restraint of trade, void, and the persons making them 

 guilty of a misdemeanor; now, suppose that the common carriers, 

 the railroads, to protect themselves against the demands of powerful 

 corporations for specia.1 rates and privileges, enter into contracts 

 fixing a fair rate to be charged all shippers alike, and providing heavy 

 penalties to be paid by the company violating the contract. A case 

 comes before the proper tribunal involving the contract between 

 the railroad companies, and this act by its wording is declared to 

 apply not only to the trusts but also to the railroads these quasi- 





