The Indianapolis journal., 1884-04-02
LAW AND THE PEOPLE.

Law AND Tdh FEUFLE'
There may be those who will regard ex-
tended discussion of the causes leading to the
riots of Cincinnati as supererogatory and use
less Much of it. doubtless, will be vain, but
that some good will eventuate seems certain.
The fearful price in the sacrifice of human
life, of peace and good fame, paid by the city
of Cincinnati must bring some returns for
good, not to that city alone, but to all the
country. This is an object-lesson of fearful
impressiveness, and it may not be lightly
passed over without inviting its repetition
not necessarily at Cincinnati, but it may be
in any of our larger cities OF in all of
them. The public is right in placing the
blame primarily upon the maladministra ton
of justice that has so often put premium on
crime. But the ultimate responsibility goes
beyond the courts. The courts and legal pro
cesses, if not what the people have made
them, are exactly what the people have tacit
ly sanctioned. In a government like this
courts and legal processes are the creatures Of
popular will. 1t is in the hand of every citizen
to assist in making and unmaking judges,
juries, laws and proceedings Naturally
enough the details are apt to be left to those
Immediately interested in them. This is well
enough, perhaps, since few as well as lawyers
know the needs of courts as engines
for the administration of law. But
lawyers are nothing more than
human, at best, and besides belong to pro-
fession that prides itself as being the most
conservative of all, less amenable to change,
and less affected by current opinion OF all
men lawyers hold it virtue to affect contempt
for the popular will But, after all, whether
they may acknowledge it or not, the legal pro-
fession and the courts are subject to the same
rule as others, and therefore the remedy for
the evils of which complaint is made rests
with the complainers. 1t is all question of
what, for lack of a better name, may be called
popular virtue.
1t ought to be plain enough that one prolific
law, visible everywhere. The people of Amer
ica rejoicing in the broad measure of freedom
reserved to them, do not bring themselves to
proper appreciation of the dignity and i'm
portance of law, which stands for and means
the social compact and public order. In Amer
lea freedom has come to mean license, al
together too much. Too often the legislator
who drafts a bill and advocates its passage
does so knowing that he is catering to the
prejudices of particular class, rather than lay
ing down certain principle that shall inure
for the benefit of ALL Too often such meas
ures are voted for by men whose intelligence
tells them they are committing
a fault because they have not
the manhood to stand out against criticism
and possible loss of position. We make too
many laws Every year, Or every second
year, each State calls together an expensive
Legislature; not that there is any special need
custom. In many instances it were better for
Legislature and for the people did the former
but meet, pass the necessary appropriation
bills, and adjourn. We seem to be multiply
ing statutes to the utter confusion and defeat
of justice. The harm from this source is
evident enough when we see raw men, by the
accident of politics, sent to the Legislature,
who feel impelled to make ga record" and
to this end must introduce and
compel the passage of some measure evolved
from their brains. In the hands of expert
pleaders these half baked statutes are as clay,
to be turned and manipulated at will. With
specious reverence for the majesty of the
law, these professionals pounce upon some
doubtful phrase, and out of a senseless techni-
cality build their argument, defeating the
purpose of law and killing the spirit of JUS
tice. In all this business, from beginning to
end, there is no genuine respect for law and
no honest treatment accorded it. With such
examples by the makers and interpreters of
law, it is not strange that the same contempt
Tor 1t should extend 10 tne common people.
The officers of the law, infected with the
same poison, treat the law contemptuously.
1t is altogether safe to say that our laws, in
some form or other are openly and noto-
riously violated every hour of the day and
night One of the statutes of the State says
that saloons must close at II o'clock at night.
They remain open an hour later by the con