The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1881-03-17
The Legislators Rape of "a Virgin Code
BY ONE WHO SAW IT,


Culpa caret, qui seit, sed prohibere non
pOtest.
LIE ley de Dieu ct lie ley de terre
s0nt tout un. ct Pun eft Pautre preterre
ct favour lie common ct publique bien
dol terre.
When, annoyed if we cannot wreak
cOndign vengeance upon the Of
fender, there is left a negative kind
of satisfaction in seeking to ascribe
u motive or reason for the conduct
we condemn, and so we, who have
been assailed i'll our prejudiccs by
the guardians of our destinies and
the inventors of our taxes, depart
ing from all well-establishcd prece-
dents, may solace ourselves by wills
pering ever and anon TO our out
ragged convictions that it was only Il
mistake, and no harm was intended.
These mistakes, however, are to be
regretted for they interfere with the
aesthetic taste of the cultivated
readers of the code. The harmo-
NOUS consistency. the beautiful
homogeneity of "Our own and only
greatest code on earth" has been
tempered with and rendered start
lingly inconsistent; but as there is
no evil without its drop of comfort
so we can congratulate ourselves
upon the fact these mistakes,
after all; may only serve as a
relief to the still unchanged
beauties of our legal system. How
unprofessiOnal it makes the law to
find q provision against the turning
loose OF q criminal after his convic-
ton, even upon suggestion of tech
nicality. What is the use of legal
technique if treated i'll this way ?
The law is being reduced to the
level of vulgar science. The other
legislatures were satisfied with their
own work, but cOnfound such mis-
takes (if that is supplementary, let
the legislature make the most OF it).
There is time before adjournment TO
rectify, hence these suggestions. 1t
is well not to arouse the people, they
do not like innovations, and this is
an innovation. Let those who make
mistakes, beware. Again, this is a
free country, and a discrimination
against a class of men, as class, is
high handed legislation, that will
bring its own punishment. Look at
that class of citizens who were Gre
| ated for the sole purpose of giving
the inventor of the bell punch q
chance; think of them, and of those
whose only chance for reputation
and fame and newspaper heroics is
in the personation of emotional in
sanity, and against whose very
existence, by mistake, di=
rect law has been levellcd.
Now there is no objection to mis-
takes, they are so frequent we are
used to them, in fact we deem them
necessity, but this is such an
unusual mistake it might at
tract attention abroad enough to
make people come little nearer,
and almost before we know it this
grand state will be stigmatiZed with
having induced immigration; kut
there is another objection to these
mistakes; they are apt to stultify
our representatives (this would be
too humiliating) when taken in con-
nection with our existing laws of
libel, our continuance law, etc.
These last are old Romans; we know
them well and love them. Honest
laws these, the noblest work of other
legislatures. The expression mo
blest Roman" and "honest," etc, is
the noblest work, etc, are not Origi-
nal; they are constantly repeated at
every convention, and are and al
ways have been, and probably al
WAYS will be used in every nominat-
ing speech (pardon this naive confess
stony
If there be a young man in the leg
islature who has not tried his wings
yet, and who is pluming for one
grand effort, let him mount to the
| needs of the present case and cor
rect a mistake that crept into the
code sometime back. The mistake
referred to is the law relating to Sc
duction. 1t is too brief and has
too much of honest common
sense to belong to the code.
The old law regarded a compensa-
ton i'll nominal damages, for the
time lost by the seduced in parturi-
ton, as q just measure Of punish
ment, but somehow, by mistake, the
law now reads, that where the
woman is sedqced, marriage or the
penitentiary is applicable. Can't
some ambitious young man, or some
old man, whose age has not released
him from the follies of his youth.
changeit into harmony with the rest
| of the code2 Those who pay taxes
and have an interest in the reputa-
ton of this state demand congruity.
| Remember it is not so much the kind
of laws, but the harmonious and
complementary relation they all bear
to each other. A good law and a
miscegenation, but two good or two
bad laws lit makes no difference
which) two of the same kind, pre-
serve the unities. Beware of con-
trasts; contrasts attract the attention
of the public mind, and whom the
populace pauses to think, prepare
for revolution! Will not some one
introduce a bill,providing that where
woman is seduced by promise oil
marriage, the jury shall, upon tho
testimony of three witnesses of Tho
| first social grade, and two experts
10 more than one overt act, shall az.
sess the punishment at five $50 dol.
lars fine and costs, the fine &c
be equally divided between The
state and the experts, and tho
balance to be paid to the victim, and
one day in the county Jail unless and
otherwise provided, and no arraign
ment except in capital cases, (Ignor
daiia Legeis nemiiRem ercuSdt.) This
is the kind of legislation with which
to surprise the people. What i:
needed in law is a little science
less theory, and mare practice, The
law on dQelling is Objectionable be.
cause it occupies only the space OF
six lines and is SO plain o fool NAV
understand it. These are the only
objections to this law, though con-
stitutionalists have tried to show
that it is class legislation in disguise,
and aims at the subversion Of the
sanctity of contracts between man
and man. The laws Of murder and
homicide are Objectionable on ac-
count of brevity. The law on libel
is an excellent Que, for it takes up
nearly three whole pages of the
code. This legislators are paid for