The mirror., 1894-06-28
THE NEED OF SIMPLIFYING THE
LAWS.

I
LAWS.
They Should Be Made Plain and Equal
AS Preventive of Misconstruction.
It has been cOntended that the very
fact that law exists is prima facie ev-
idence that it is right, therefore infalli
BILE. Now if this contention does not
go beyond the common law, then the
ground is correctly taken and the posi-
ton is unassailable. But if it includes
statute laws as well, then [ hold that
the contention is wrong and decidedly
weak in it's armour. The misinterpreta
tion of a law. as in the case of the con-
struction placed upon it's power by
Judge Jenkins, in the n P. R. R. diff
Guilty, shows it's fallibility, and the pos
sibilities for harm. Common law as
we all know is based upon the common
needs and wants of the communities
where it exists, and are derived from
and built upon the fundamental princi-
pie of the greatest common good to all
and the rights of the people. Common
law is as old as history itself. The dec
alogue as enunciated by Moses is a
bright example of The common law Of
those days, and nearly all Of the com
mon law of the nations from that Gay
to the present time has been founded
upon the principles contained in those
II 70 h. + Low iS
same to-day as YESTERDAY, will be the
same to morrow, ard will c ,ntinue un-
til the end of time 1t las truth and
justice for its backing, and is therefore
right, hence, infallible. For many cen
turies it was all of law that was known
to mankind and penalties for its infrac-
tion were severe and summary. But
as nations became stronger and more
pOpulous, there arose eXigencieS which
seem to call for the enactment OF,
what shall | call it finer code OF
ethics, known to-day through all the civ
ilzed world as statute law? Almost
Immediately there arose differences Of
opinion as to the Interpretation of laws
, thus enacted; and to-day there is hardly
{ law on our statute books that is not
, differently construed by different peo-
r pie, the construction of course being
always favorable to the cOnstruer
2 While these cOnst' lotions are confined
3 strictly to the lait :, no real harm can
1 ensue even under false Interpretation
r But when it gets into the hands Of the
. judicial king, who sits enthroned III
/ the hall of Justice, enrObed in the pur
: pie of unbounded authority, then the
: Interpretation OF the law becomes &
: great and potent factor for good or evil
I 1t not infrequently happens in this age
S of rapidity that laws find their way into
our statutes that ". hardships to tht
u people, or are so loo. made that ever
with good end in view, they are utter
= ly void and cannot be maintained. IL
It such cases, no Interpretation can Civ
l. such laws, in one case right direction
3 or in the other make them capable o
g doing the good aimed at. The onl,
e remedy left is their repeal as soon a
sr possible. Eminent lawyers claim tha
It any law may be so construed as to ii
,e either side of case to which it may b
le applied. 1t would so appear from tn
* fact that it very seldom happens that
case which is being decided at flu
10 sitting of judges in our supreme court
le on a point of law results in unan
~ nous opinion. There are always g
pit nearly always dissenting opinions e1
d. pressed by one or more of the judges S
y, sitting. Can laws that are so elasti
re that they may be stretched to suit tn
of conditions of case or party, as
O. are such laws infallible?
IS, The action of Judge Jenkins in tn
od case has only been paralleled in tn
in country, when ajudge, whose name hi
at gone down to posterity in infamy, d
MT clared that negro slave had no right
st. That white man was bound to respe
ed Judge Jenkins by his ruling, virtual
us said that the laboring man has I
We rights that his employers are bound
ly, respect. That this ruling was wron
al tn both it's legal and moral aspect b
been decided, in the one instance