Anomalies of the English lawChester, S. Beach (Samuel Beach)
History
Anomalies of the English law
Chester, S. Beach (Samuel Beach)
Law; Law -- Great Britain -- History
It is utterly iniquitous the way the family names of British peers
have been seized upon by the sons of Israel. One finds some of the
greatest names in the history of the country applied to the offspring
of Whitechapel. Some legal check is needed to prevent this, even where
no direct intention exists to commit a punishable fraud by means of the
fiction. It is not suggested that those Jews who have reached power in
England use their adopted appellations to carry on swindles. But it is
improper that they should prosper under the great name of some English
or Scottish ducal house, when they have never perhaps even so much
as lent money to its members in the junior line! Several peculiarly
flagrant instances of the kind suggest themselves to the mind. Great
dignity has sometimes been bestowed on the scions of a Hebrew house
whose adopted name has clashed unpleasantly with the noble name of
an historic family. Why a name like “Sowinski” should be replaced by
“Cavendish” one fails to see, particularly as a name carries with it
definable or indefinable, conscious or unconscious, associations, which
weigh.[23]
The offspring of the original “Sowinski” becomes “Charles,” or
“Edward,” or “George”--“George Cavendish.” Obviously, such a person
has reached a financial status far above interest in trivial fraud,
though his name is a constant fraud of sorts on some one, particularly
if he remains only a name--_invisible_! To descend to the lower
branches of struggle for gain by imposture, we find “Claude Churchill”
lending money, practically without interest, “Edwin Graham” giving
bank notes away on mere notes of hand, and “Hubert Douglas” most eager
to cash post-dated cheques, literally for nothing! It is incredible!
How a “Lazarus” can become a “Scott,” an “Aarons” an “Ogilvie,” and
a “Niemann” or a “Katz” a “Murray,” is far beyond reasonable process
of deduction! It is a gross anomaly of the law that it should be
tolerated. A High Court judge recently drew a limited parallel--the
assumption of noble names by money-lenders. “What’s in a name?” may
be asked by the illiterate or semi-illiterate man, and yet he is
as promptly influenced by it as persons to whom a name admittedly
suggests something tangible. In the case of “John Smith,” we have
a name which is not distinctive, which, indeed, must be confusing
and burdensome to its possessor. He may have a much larger banking
account than an individual of distinguished name and lineage, and,
if so, he is perfectly justified in using it to change his name to
“Boggs,” or “Hoggs,” or “Noggs” or whatever other name exists in his
maternal line. However lowly his origin, he should be compelled to
choose a name associated with his parentage. He should not be allowed
the option of assuming a high-sounding name to which he can lay no
claim. His choice should be limited to the names of his ascendants.
In this way, there would be some semblance of actual justification
for discarding a commonplace patronymic.
Public-domain text, read in full here on John Shaqi.
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