The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-03-08
attic and Tacoma have been the means of
holding the country's export figures to
fairly respectable total.
ENFORCEABLE AND Non ENFORCEABLE,
LAW

The discussion of municipal policy in
New York as to the enforcement of the
liquor laws that have never been enforced
is bringing out a lot Of common sense.
It seems that some of those who have
attacks of reason on the subject of regu-
lation of the liquor traffic by law have
at last arrived at the conclusion that
there is such thing as law that can
not be enforced. In an article in Mu-
nicipal Affairs William Travers Jerome
typifies the conclusion that most people
who use their reason are coming to-. He
says:
my experience has led me to believe-sup
ported by the statements of profound think
ers, such. as Judge Holmes of Massachusetts,,
who develops the same idea in his classical
lectures on the common laW-that wherever
there is considerable body in community
which not only does not yield willing obe-
dience to the law, but which will not yield
any obedience, the law prohibiting them from
doing that act, and from melting others, not
only Will not be obeyed, but cannot be en-
forced. The law which prohibits the sale Of
liquor on Sunday in the city of New York
in such a law, and cannot generally and abso-
lutely be enforced, for the reason that there
are at least 250, 900 people: in this community
who not only do not yield willing obedience
to that law, but will yield no obedience to it,,
and will incite others to violate it.
This is only another way Of putting the
old idea that in a democracy, at least, the
law, whenever it touches on social ques-
lions that affect large numbers of people
must reflect the ideas of the vast major
ity of the people in order to secure eff
fective enforcement. AS Mr.: Jerome says,
there are 100000 people in New York who
not only do not yield willing obedience to
the law, but will yield no obedience and
will incite others to violate it. If there
were 25O, 900 people in New York who did
not believe in the law against murder, it
could not he enforced except by the de-
claration of martial law and the practical
determination or deportation of these
people. Now public opinion will not sus-
| tain any such measures against people
who violate the saloon laws. It is difficult
to secure a conviction by a jury, because
the jurymen have no sympathy with the
| law and plenty with the accused under the
law. Must we therefore let the saloon
run riot? Not necessarily. OF those $780,
OOO law breakers, a large part would IA
vor law that would close the saloons
part of Sunday. They would tacit1y, at
least, cooperate in securing the enforce
ment of such law Those who violated
it would stand in about the same position
as the murderer does. There would be so
few OF them that there would be little diff
ficulty in Furnishing them, and their fate
would be warning to others. But when
100000 people in single community OPP
pose law, the more you attempt to en-
force it, the more you make heroes and
martyrs of the persons prosecuted for yio-
lating it.
1t is far better to have mild law that
is enforced to the letter than drastic
law that is not enforced, despite the best
efforts of officials to do so. The former
course is to conduct school that teaches
disrespect for law; the latter teaches re-
spect for law. Many drastic social laws
have been enacted witha view to securing
! the moral reformation of the community
not be the purpose of criminal laws
There will be more respectafor law, more
obedience to law and better enforcement
OF law, accompanied by more genuine
moral reformation in the community, when
the enthusiastic moral reformer is nc
longer able to exercise potent voice in
framing criminal legislation. 49,.