| Show IJA LAW y ABOVE AnO STATUTE At the recent session of o the National National Nation Nation- Nation al Bar Dar association In Minneapolis a avery very learned lawyer from Louisiana read a paper pape In which he pointed out I the peril existing In what is called tho the thoum unwritten um law Ve We have In this country coun coun- 11 try said the speaker a jurisprudence ence or OL system of of unwritten law Jaw which is neither legislative or jud judge judge- e- e made and which recognizes rights that are forbidden by law and denies rights that are granted by law In fuller definition he explains that It has hns no codes or text books and as asit asit asit it is a flagrant violation o of all statutes It Is styled b by Its advocates the law aboVe e the tho statutes s' s And it s a a. mighty might good law lass to re repeal re- re peal Unwritten law Is anything which can invoke enough public sentiment f of the maudlin kind to 10 excuse an act which Is in itt violation of all other law It Is always quoted In defense When hen hena a man has hal taken the law Jaw Into his hla own hands as the popular phrase runs and has committed a murder because because be be- cause some one else ted the rules of right there Is a 0 cry co that the unwritten unwritten unwritten un un- un- un written law has hns been vindicated It ItIs ItIs ItIs Is doubtful If S any an good hood ever comes of ot that sort o of trifling trilling with the statutes This Mitchell case up In Oregon is In point The founder of an objectionable objectionable c- c sect was killed b by the tho brother broth broth- er of or a young woman who had accepted accepted ac nc- ac- ac the teachings of oC the founder The murderer was cleared on the plea that he lie had acted on tho the unwritten law But he did not at all alt terminate there the unhappy incident for or his hla own sl slater sister ter killed him a few days aCter after af at ter his release She had been simply intensified in her faith and as he knew no law but his own passions In Inthe Inthe inthe the matter so she kne knew no law but buther buther buther her fanaticism It Is the baleful effect of oC following the unwritten law that It does docs not settie settle settle set set- tle tie anything Down in Kentucky for fora a hundred years ears the unwritten law has been the only one which a very veo large number o of people f feel el at nt all called upon to obey obe And In In obedience obedience obedience obedi obedi- ence to that code which thc they understand understand un un- un- un and with which thc they very eo heartily sympathize murders without number have ha been committed and never a case Is settled us long as there i ar ar members of or either party part to 10 the feud A peculiarly sad ld case Is reported from a state In tho the Middle West Vest Two men had long quarreled over tho the position which a line lino fence should oc oc- oc- oc cupy The bitterness grew One of the thc men was a good trader and waxed rich The other was a poor trader In fn spite o of his industry he grew constantly poorer And all tho the time th there re was wa the affront of that line fence sitting seven inches on his land as ao he verily believed So ono one day he lw took a n. club and killed his prosperous neighbor and the p people ople held he had smitten In the name of or the unwritten law He was acquitted And immediately imme mime after atter the sons of the slain man manset manset manset set fire to the barn and stacks of oC the acquitted slayer And there Is a long line of sorrow and suffering for both families Probably er e every contingency that ma may arise Is covered b by the written law It is the logic of events sound sentiment of the people will willbe willbe willbe be enacted into law Jaw What hat the sound judgment of the people does not approve approve ap ap- ap- ap prove provo will not be written Into law Jaw It mo may be called unwritten but It Is not I law And the very fact that It Is Js not written Is the best possible evidence that It is a good thing to leave lea alone There is good law on the books Ever Every right can be protected b by it ft Every ery wrong can be punished p by Jy y It IL The rhe unwritten law Jaw Is the text book of af danger Have none of it ft |
