The San Francisco call., 1899-01-28
MURDER AUTHORIZED BY LAW

HERE are few greater curiosities than the bills
which are introduced into legislative bodies
throughout the country for the correction o
what their authors deem to be public evils These
bills are all framed upon the theory that is possible
to regulate everything by lava theory utterly at
variance with human experience that its entertainment
by any sane person is marvellous. The common law OF
England was based the customs of the people, and
it grew, thrived and developed with them What the
people thought and did was sacred. All the courts
attempted in law to discover the custom
which governed and interpret and give it force,
The American idea OF fixing the common law by
statute is exactly the opposite OF that on which the
magnificent legal system of England has become the
wonder of the world If an American legislators
view of theatrical performance be obstructed by a
woman's high hat he Immediately introduces bill
making it msdemeanor to wear hats in the play
house. If the cartoonst bother him, he at once
frames law making it felony to ridicue man, no
matter how ridiculous his acts may become. II a
newspaper prod him with printed words, he turns
his attention to the law of libel and attempts to
abrldge the liberty Of the press II the carelessness
OF trainmen railroad accident he introduces a
bill requiring them to be more cautious. In fact,
there is nothing of utilitarian character which he
will not attempt to do by law, thinking that
after all unless statutes accord with the and
sentiments of the people they do not become rule of
action, but source OF irritation.
The limit of Legislative interference with the Gus
toms and habits OF the people, however, may be said
to have been reached when bill is introduced to pro-
mote murder. 1t would not to be possible to
conceive OF any human i'll for which homicide would
be panacea; the law at present does not justify it
on any ground except self-defense though juries
sometimes acquit outraged husbands and fathers who
commit it the ground of insanity. Yet California
legislator enerains the idea that murder should be
justified when person, deeming himself aggrieved
kills newspaper man. We venture to say there is no
instance in the annals OF legislation in which personal
feelings have influenced the framing of law similar
to this Making murder the pastime of frauds and
politicians may be denominated the highest achieve
ment of the art of changing laws to suit the whms of
legislators.
This bill is not likely to receive much consideration
at the hands of the Judiciary Committees, many of
whose members are still happily sane; but if it were
to pass, what would be the effect? Only brave and
reckless would follow the profession of journal
Tind journalists would write in secret, deaving
their colleagues clad in and loaded down with
knives and pistols, to defend the craft from assault
Under such a condition who would be killed in lar
ges numbers-the frauds and politicians or the jour
nass and artists? 1t should be easy to answer this
question. The life of every who even addressed
journalist would be in danger. Newspaper Offices
would become not places for collatng and printing
news, but slaughterhouses and legislators would be
slain in the halls of legislation by the wholesale We
think the author of this after short trial
if his life were preserved-would be the first to advo
cate its repeal.