The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-07-17

manded by ethics or The rules Of right
living, when We shall be the better pre-
pared to determine the relation which the
Jaw bears to the Ideal. IT, as suggested oy
Herbert Spencer In his work on the
Principles OF Ethics" pleasures aud pains
are the ultimate tests OF conduct; II those
thugs which produce the largest degree OF
pleasure, either In the individual or In the
aggregate society, are 10 lbe called good,
While those which produce pain, physical
or mental are to be denominatcd bad, IT
follows that If an Individual is deprived
Of a limb, thus producing not only physical
suffering for the person Injured, but
mental suheiing 10 Lnose whose sNmPtlhle1
are aroused, aud IN many instances entail
ing a burden upon society by reason OF
the incapacity of the Injured individual 50
care for himself and those dependent upon
him. a distinct ethical wrong hds been
committed, The mere fact Of the injury,
eutailiug pains In excess of pleasures,
shows conclusively TINT the rules OF right
living, the essence of ethics, have been
Violated md the offense Is the same
whether the Injury be the result OF ac-
cldeut or design the loss of the arm OF
the leg units the individual for the high
est realization ana enjoyment Of his facui-
ties. limits his activities, and lessons his
capacity FOR contributing to the sum ot
happiness: aud to the extent that these
crime, independently OF its Immediate
cause.
We can not restore the limb, hut recog.
nzug that the injury has resulted IN de-
crenslng the earning capacity Of the man,
we may attempt 10 compensate him FOR tie
pain he has endured, as well aS for his
reduce the mental stress upon the
individual, 10 viii tend 10 pre-
vent want and consequent physical d.
tcriOration on the part OF those WHO are
dependent upon him. and in like manner
the demands OF society VIII he met. Bnt
who shall pay tins lossf Shall society pay
q, thus making the injured one sniter me
humiliation OF becoming, not an Object or
Justice, but of charityg Obviously nOl =.
Shall Doe pay these damagesf To do so
win cause him 70 suner the dlsplea9gle
which we naturally feel at parting wllh
something which has cost US effort, and
for which there rs no return, and II may
entail upon his family suffering. liut u
We assume Doe 70 be In good health ana
enjoying all OF his faculties, at least In
so far as these may have been affected by
the injured person, II Is plain that ne Is
ages, than the victim OF his negligence to
meet the demands OF society, and IL We
give due prominence 70 tue deterrent ei-
feet OF placing "a burden upon the person
guilty OF the wrong, the conclusion must
follow that the amount OF pain resulting
from this latter course WILL In the aggre-
must result either from compelling the IN
hividua to bear the burden alone, or o.
society assuming the obligation entalled
upon It by the careessness OF one OF its
As the killing or manning OF an in
diyidual Is an ethical crime, increasing the
pam ana decreasing the pleasure. not dluhe
" the Individual but OF the community az
large, there are few higher duties thnn
that Of the attorney who appears In court
IN the advocacy of cause Involving negl-
gence His labOrs are at once egoistic and
altruistic: he Is seeking the amelloration
Of the pain aud suffering Of his client. aud
Of those depending upon him fer their sup
port and maintenance, at the same time
that he Is building a barrier against tu-
ture pain and suffering on the part OF
those who must fall victims 10 the care
lcssncss Of those entrusted with duties 10
the public unless they are held TO a rigid
accountability for their aggreRsiOns upon
individuals. BY the rules that have been
established for the adjustment OF these con.
troyersies By which the plaintiff is called
alone Of the negligence Of the person oT
corporation working the Injury, bul lack
Of negligence on his part contributing "a
the result, and By the energy, zeal and skill
with which the many cases have been pre-
gented 10 the courts, the public service Of
great corporations has been vastly i'm
Dr0ved ana the safety 81 persons has been
] promoted until today there are many man
] n ',nd representatives Of these impor
noon operations who recognize In the law
,gro waEking out o. the highest and best
ises on ilgence, as IN other branches Of the
lTgiary. sre are lapses on the part Of coun
n hurglaom tne high ideals Of ethics. bu. II
heapside II NAV be saia that the law. bOtf
- -Tinrrpies and In It's administration
HERBINEmoDy vita the principles Of ethics
loyapcy tffor It's object the lessening % pair
ates the l increase OF Aleasure, both for In
e liver. a. and for soeisty.
n OF the /