Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1882-02-09
Dead Letter Statutes.

One Oh Ln6 ledOlnR VICES OI In6 lllu0S
is the prevailing laxity in regard to en-
forcing the laws. The amount of dead
letter statutes contained in the nomi-
nally living body of our National, State
and municipal legislation is something
startling when we come to think of it.
Law is the popular cure-all of our po-
litical and social troubles. If an evil
curses society, or an abuse injects itself
into politics, the first thought, and the
6rst resort, in nine cases out of ten, is
that of a statutory remedy. Pass law,
is the cry, and when the law is passed
the public conscience is quieted, alarm
ceases for the time being, and the evil
goes on as before. In this way what
should the law be has become to large
extent mere system of rules by which
the shrewd and powerful habitually
disregard and defy.
One reason for this is the slip-shod
and hasty enactment of ill-considered,
incongruous and imperfect statutes. In
appearance our law-making powers de-
liberate; in reality they act without de-
liberation. This is proven by the per-
petual tinkering and patching of the
laws which occupies the principal part
of our legislative sessions. There is no
end of amendments, and amendments of
amendments. Had the laws been sufii-
ciently matured in the first place the
most of this tinkering would be as un-
necessary as it is inexcusable. But
much of the time which legislative bo-
dies should spend in careful examina-
tion and critical digest of the measures
pending before them is occupied in use
less debate intended for home consump-
tion, and having very little if any legis-
lative usefulness. For this, among 9TH
er reasons, the laws passed are often
crude, imperfect and useless.
Another trouble lies with the insffi-
cheney of our judicial machinery. The
courts are, to large extent, an obstruc-
ton to a prompt and vigorous execution
of the law instead of help. Both in
civil and criminal practice the difficulty,
delay and expense of arriving at final
decision as to the application and con-
struction of the statutes have become
notorious. The legislative department
is partly to blame for this, by reason of
the unsettled and perpetually changing
condition in which it keeps the body of
public statutes, but much of the evils
also due to the multiplicity of motions,
postponements, appeals and vain repeti-
tions, not to melton the excessive and
irrelevant wrangling of attorneys, and
carelessnsss, Incidence and indifference
of judges by which legal proceedings are
thwarted ard delayed.
But more than all, executive authori-
ty Is too lax. The law ceases to be a
terror to evil doers because they feel as
sured of the leniency, connivance, or
incompetency of these charged with its
execution. The worst Of it is that pub
lie opinion indulges if it does not justify
this abuse. The executors of the law
feel that they are not held to a strict
accountability for performing diligently
and fully their sworn duty. They have
learned to look upon the passage of a
stringent statute as something in the
nature of a mere formality, on joke.
Besides, if they carry out certain laws
fully, they will offend large class of
voters, and gain no particular hold on
popular gratitude. The law is there
fore simply ignored, and serves no 9TH
er purpose than standing proof of leg
islative, executive and judicial imbecili-
ty.
1t ought to be understood that laws
are made to be obeyed. If they are bad,
the best way to demonstrate their i'm
perfections, and secure their speedy re-
peal is to enforce them. If they are
good. there is no reason under the sun
why they should not have vital effect.
What are Governments for unless they
are to govern? What is the use of MAJ
king big books of statutes for the
stea thy if not open mockery of wrong
doers? II we cannot enforce the law,
then it is better not to make it, for it is
better to have no laws at all than good
laws which are openly and contemptu-
ously deted We should pass only such
laws as we can and will enforce: all
others, however virtuous and excellent
in themselves, had better be taught in
the schools and at the home circle than
to be placed upon our statute books.
More than all, and better than all, free,
self-governing people should learn to be
a law unto themselves. This is espe-
cially true as to social evils, such, for
example, as intemperance, which all the
laws in the world cannot obliterate un-
less those who practice it cooperate.
We are now having Congressional war
on polygamy, and people are anxiously
inquiring what sort of law for the
suppression of that evil will be passed.
A more important Question is, will the
law, when passed, be enforcedP And
so of all laws aimed at social or political
YsSuses. We need less law and more ex-
S. Journal.