Show TIlE THE CASE CASEBY CASEBy f By L L. A. A Hollenbeck Mr 11 1 McNaughton cNa was tried in the district court for selling or endeavoring endeavoring en en- ring to s sell sell 1 infected fruit Dillman was prosecuting and T T. T V. Y ODonnel 1 w was s der defending The law provides that I a man shall not sell wormy or Infected fruit unless it be sold for preserves butter cider or 01 jelly and aid if it it be u used ed for these purposes then hen a m man n has a right to sell It or make it into preserves I I cider jelly or apple butter and nd sell it it and the people can eat all that they can be persuaded to buy of such rotten stuff worms coddling moth and all Well it seems that tl-at the state board of agriculture had that law lav passed or else some of the people that believe In that sort of thing It has been the law lave for sometime but if it anything It was made worse last winter and jammed through like a good many other laws are jammed through through and unseen McNaughton was found l not ilot ot guilty and and probably the jury was right anyway a jur jury will not stand for such a law because it is a violation of good sense That is is that is my guess at it and what is good sense Good sense is the clearing house or orthe orthe orthe the striking of a a. a balance between a combination of of circumstances and sound r reasoning That sort of thing is the basis of Df the English common law and when a statute violates vio vio- violates lates sound reason ib becomes a dead letter and juries refuse to enforce enforce enforce en en- force it because there is a higher law than even the constitution in inI I extreme cases and the creation of j I the state of West Vest Virginia as one sample was itse itself a violation of the constitution of the United States Well VeIl the last legislature amended amend amend- ed the law and made It even wOrse worse than it was before So the apple butter and apple jelly jelly eaters may e eat t the worms until the law be modified That Is an example of one of the fool laws that was jammed jamme l through the legislature I fought bad laws all of last wint winter r i in the the legislature e. e and succeeded in killing cing several of f them and the statute book Is less than half of the usual size but butta a aman aman ar r man cant can't do everything when he lie is is is In a 3 h hopeless minority but even th then he can do as much as anyone to kill Bill ill bad l legislation No wonder ODonnell O'Donnell kicked bout the statute in n a discreet way vay way Heh He h had d a right to kick But we are told that he will probably go to tho the state senale senate next time and let u us hope he lie will He will be all right there but he will find many opportunities opportunities to kick and we hope he will kick effectively but he will run up against a lot lpt of dignity In the senate senate senate sen sen- ate and a lot of a as s well because an election to the senate does oes not make malte brains It often often- flatters flatters flat fiat a lack of brains and ancI we will venture that if he should be prodded rodd- rodd ed in the senate to the extent that he he feels like swearing s that that he wn n not t so do-so do o. o so because from observation tion I we should Judge that his education in profanity was S sr Cy l negle neglected tecI Ini In I i his y youth yuth uth and 1 l he is s imn immune Immune Im im- n mune une from any dangerous temptations temptations empt in that line 0 0 f |