Telegram-herald., 1891-01-13
OFFICIAL PAPER Of THE CITY.
RENTS coMMENrARIEA

Prof. G. A. Kent delivered = lecture
Sunday evening, at tho Unitarian
Church in Detroit, on "The Relations
Of Law and Morality" Some Of his no
marks are very interesting. "By law"
ne said, lis meant the rules which are
enforced by human governments. Nor
atty includes all those Obligations Of
duty which We conceive 10 DO binding
on every individual in . community"
lie then shows the different origin Of
law and morality in this way: "Human
Law began probably III customs perhaps
as unreasonable as many of our FASH
ions. while many OF our moral rules
have grown out of the circumstances of
various nations, Of which the Roman
identification of valor with virtue is an
instance, but many of our moral ideas
have come from higher sources" This
accounts, TO some extent. for tho fact
that law and morality are not always
coincldent. Human laws have been
oftener enacted, or have rather origi-
mated from policy than for the purpose
of enforcing morality. Human law en-
forces what is deemed to be the best
policy for the State. To great extent
morality is the best policy for the State,
and 20 far policy and morality 90 hand
in hand; but law goes farther and en-
forces many dutiesin which the element
Of morality is not considered, and on
the other hand overlooks the enforce
ment of much that morality requires to
be observed.
Prof. Kents criticism of the present
jury system is severe, but just. He
says: "The utter uncertainty of the
results Of jury trials 10 . matter Of
common talk, and An attendance In
court will not impress one with the
probability that justice will be done.
Jurors are not selected from any
special acquaintance with the subject
Of litigation. A jury Of farmers is asked
to determine the most complicated
transactions between merchants, or
they may decide the competency of .
physician or an engineer. For lawyers
10 deceive jury by arguments plainly
fallacious is not thought unworthy. l
should hesitate TO advise any one to 90
TO law merely because he thought his
cause just"
He also asserted that "many Of the
opinions of the Supreme Court of the
United States are distinctly traceable TO
the political feelings of the judges"
but failed to state that the remark APP
plies equally - well to the Michigan
Supreme Court. Another equally
true statement can be found demon
strated in Michigan: AS judicial
salaries are not equal TO the incomes of
frss-clsss lawyers, judicial positions are
more and more falling into the hands
OF men who are certainly not of the
highest grade, and there is no help for
IT.
He states . proposition, which is too
true, in these terms: "But the Law will
never keep up with the most advanced
moral ideas, a. no government has ever
kept IL best men in power tor long
time, and the prizes of Office, - they
have ever been, are today the reward
of those who use the most rnscrupu-
lous means" Then he takes . brief
glance At Detro,t's affairs in these
words "0ur municipal bosses and cor
rupt common councils are not acct
dents. They represent real political
powers. and hence comes their creates:
danger. The law and Its admlnIstra-
ton can es moral only ~ the people
ere So