LXXX ADMINISTRATIVE REPORT Ieth. anx. 20 



Equitti. On furtlier consideration primeval man learns that 

 he can not secm-e peace without exterminating the causes of 

 infractions of jjeace. Every example of a disturbance of the 

 jjeace is found to be the effect of some cause, and tribal man 

 speedil}' reaches the conclusion that the causes ^^'hich disturb 

 the peace are the inequities which spring- up in societv. Per- 

 haps men quarrel over the distribution of the spoils of the chase, 

 perhaps they quari-el over their wives, but every infraction of 

 the 2)eace is seen to be caused by some inequity, and the (ques- 

 tion is asked, "How can these inequities be removed?'' So 

 tribal men atremjjt their removal by instituting courts of justice 

 that j)eace may be maintained between the members of the 

 tribe. They further find themselves involved in disputes and 

 wars with neighljoring tribes, and they make it a rule, even in 

 the most primitive society, that the tribe, not the individual, 

 has the right to declare war, and tins declaration must be made 

 by the council of the 2)eople. After the council has decided 

 upon war, individuals on their own initiative may make the 

 war, but they can not engage in such war without the tribal 

 consent. 



We have seen that the incorporation and organization of 

 social l)odies is not fixed l)y juxtaposition of parts, but by 

 purposes. Here we have to note that the equity which is 

 necessary to the continual existence of social bodies is not 

 equivalence of parts, as that term is used in plnsical science, 

 but it is the equity of conduct. Equity, then, is the demotic 

 term for equivalence. One man paddles the boat and another 

 kills the game, but the gain is shared; this is equity, or equiva- 

 lence of rights. While one party is hunting another party 

 may be fishing; each party shares in the gains of the other; 

 this is equit}-, or equi\'alence of rights. Still anttther party 

 may be engaged in defending the whole group; all .share in 

 the protection, and all share in the food obtained; this is 

 equity, or equivalence of rights. 



JEquality. Peace can be secured oidy if justice is maintained. 

 That justice may be maintained, the entire tribal council must 

 be consulted when it is assembled as a court of justice. The 

 fundamental requisite for a decision of the matter in such a 



