The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1886-04-09

"lNNocuoOS oEsoEJuoE."
4 Rspubslssn Paper Ably Defends n Ez-
pessslon UssA b. Prsslds.t Clsvelsnd
which ths Careless Caa Met Appreciate.
Newspaper and political wits have
busiIy, but without much effect, been
pcking fun at President Cleveland for
using the phrase innocuous desue-
tude" in bis late message 70 the
United States Senate. The words
are certainly not tlD most common
IN our language. and they may never
have been before used In such
close connection. But they are very
good words. They possess shades
d meaning which no other words
possess. and no other words would
have expressed the exact logical and
legal idea at the time occupying tho
Presidential mind. In reference to the
Tenure-of-O Office act Of 1867. and to the
present act on the 50 me subject-which
had never since its enactment in Its
present form in 1869 been applied to
restrict the Presidents power Of re-
moval or suspension from odico-he
said:
And % n happens that. sfter period Of
nearly twenty years q almost innocuous
desuetudc. these laws are brought fortns ap-
pesied. and put e the wav or m Executive
Who 10 willing. ~ permitted TO attempt an
Improvement In the methods OF adminisera-
ton
A critical examination of the phrase
shows the fitness Of its use. To COM
mence at the last word first, it may Be
said that the word ''desuetude, while
regarded as q synonym for ssdisuse,"
| implies considerably more. i carries
with it the idea not only Of disuse, but
hint Of neglect and Abandonment It
has legal significance rs quoted In
Websterss Dictionary from the writings
OF Bishop Taylor. who. in speaking Of
an obsolete church regulation. said:
THE desuetude abrogated the law which
before custom had established. Used in
regard 10 law. Il means something moro
than that the law had become : dead
letter. Under the common law desue-
| tude absolutely repealed and abolished
legal rule or custom. Property may
also be lost by dcsuetude. A man who
''sleeps on his rights. in legal phrase
ology, Is regarded as having lost them
BY not claiming them. Atrophy Of .
limb is caused by its disusc. Chart
cred rights and franchises may be lost
by what the law calls ''nonuser." A
law is paralyzed and loses its power
by desuetude. This was the exact
word to express President Cleveland 4
meaning in regard 70 the Tenure-oi-
Office act, and be put il in the right
place.
Why the President used the adjective
s'innocuous" as qualifying or describ.
ing the condition Of the act in question
is more open to conjecture and criti-
cisns. Yet Il seems &c have meaning
in this case. Radically. il means mol
hurtful. Il is rather medical than I
legal word. 1t properly Is more appli
cable to thing than to acondition. Ii
/. best use is in describing . medicine o
q doctrine, not in describing the quail
ties Of man. or Of an agency or law
Still, there is hint, or the shadow Of |
: meaning which it adds to the othe
. word in the phrase. showing tina
il was not idly and uselessly sp
piled. 1t adds to the force o
the intimation that the law IL
question. through desuetude, hat
become something more. than . dead
letter. 1t intimates that the law coul(
not be restored to vitality, either for
harmful or an aggressive purpose. i
was SAYING in substance that the Law
, had become absolutely atrophied from
disuse, had been struck by hopeless
paralysis, and was dead beyond tn
possibility OF restoration or re-enact
, ment. In this light and intelligent.