Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-02-28
DEAD LETTER LAWS, AND how TO
TREAT THEM.

We have too many laws upon our stat
ute books known as "dead letters" These
are uniformly dead because of lack of moral
sentiment in support, or else of positive
antagonism TO the laws. But it would be
paradoxical TO say that there can be any
such antagonism.
The law is the creature of the will of the
people, for this is a government of indi.
vidual rights. As it is inconvenient for
each to speak bis will as to restraints nec-
essary for the common good, we appoint to
the task of expression Representatives,
who counsel together and enact our laws.
If these laws are not respected by us, we
insult our own intelligence. As a rule
the people do respect the laws; the dead
letters and the lifeless statutes are in the
minimum.
If it may be said that there are some
laws that should not be enforced it is the
equivalent of declaring that they should be
repealed. Now, as was said of old, the
best method TO adopt to secure the repeal
of an obnoxious law is to rigidly enforce
it. So it is equally true that the best way
of securing the broadcast respect for law
that the majority desire shall be enforced,
is to rigidly apply it.
Dead letter laws inspire disrespect for
the law, and out of that arises Iswlessness,
revolt and rebellion, and degeneracy ct
civilization and State decay. The duty,
then, of every citizen and of every officer is
TO enforce every law. 1t is not given to
any to say what rule of action shall be APP
piled, and what shall be avoided. The
fact that statute exists at all amounts to
a command from the Sovereign that it
shall be applied, and the penalties for its
violation visited.
The State is the people; and the Sover-
eign in the State is the people. The Sow.
ereign whose commands are ignored is in
danger OF overthrow, and his DEGREES of
being brought into contempt. The Sover-
eign OF California Is to counsel with him.
self next winter in Legislative assembly,
and he should then ascertain what laws
are dead letters. and why. Wherever
there is a reason for the quiescence of the
law, he should repeal it wherever it is
found tina. the law is wise and GOOD one,
and its neglect the result of mere slothful.
ness and a degenerscy of respect for au-
thority, this Sovereign should reinforce his
DEGREES, and by the smart of application
make them respected
As Professor Sumner puts it, the State
IS an abstraction is call of.us." Now,
" all.of-us choose some.of-us" to per.
form certain services for d" all.of-us," and
when " some.of.us fail it Isl the duty of
all-of;us TO inquire into the reason why
and apply the remedy. What is needed is
that the State, the Sovereign. "sll.of.us,
shall be seen, heard and felt in the accred.
tied servants of all-of.us chosen to GER
tsin tasks, and not the officer, the clerk,
the deputy, the self.opinionated and the
neglectful ofice-fIler.
0ffice-filling should be high trust
worthy ambition, notable honor for An
Office we'll filed, no matter what it is, is an
evidence of trust well reposed test.
mony of the confidence of the sovereign in
the servant, witness Of honor we'll be.
slowed. Laws Snd offices are for the ben.
eft OF Summers all.of.us," and not for
the employment or support of g some-of-
u.s." Whenever, therefore, the law is I'm.
enforced, and the officer neglecss to apply
the penalty of the law, there is loss of SOW
ereign power, expended authority without
compensating benefit, What we owe to
ourselves, therefore, is to know why there
is waste OF sovereign power.
To particularize, by way of illustration,
Why are the gaming laws unenforced
Why are the laws for the protection of
wild game so weakly applied Why is
the election law prohibiting the sale Of
liquors on election day all but dead let
ter? Why are certain classes of crimes
openly permitted Why do some pay for
license privileges and others go scot free ?
How is it tina. landlords may defy
the law, and let tenements for unlawful
purposes? And SO on to the end of long
chapter.
Let us 90 into legislative inquiry next
winser. Are the laws against gaming the