The mirror. (Stillwater, Minn.) 1894-1925, 1903-01-29
A Difference Of Opinion,

Workhous6 Board with regard to coal
thefts, tho it probably voices the senti-
ments of a good many people who are
suffering from the coal famine, makes
several remarks which will hardly bear
analysis.
1t begins by saying, 'sThis ruling
will probably meet with the disapproval
of legal purists, but it is certainly
good sense. The laws must reflect the
opinion of the majority in order to be
operative" Other remarks are, "Of
course there are places in Toledo where
coal is given away to the poor but
then people want justice, not philan-
thropy," and, "The people demand a
national law governing monopolies
but their chosen representatives seem
to have other views on the subject and
their views are the ones that count"
Now, while admitting for the sake of
argument that combination or con-
spiracy to corner the market sufficient
to create virtual monopoly of the
visible supply of coal does exist, take
very strong exception to the above
quoted remark that such ruling is
certainly good sense.
In the first place it makes no dis
tinction as to whether the coal is stolen
from member of the combine or
from an innocent party who may be
put to even greater suffering through
the loss of it than the thief would have
experienced. This despite the fact that
such innocent party has had the fore
sight to provide against the present
emergency.
In the case of coal intended for the
use of factories it's loss would mean
the stopping of work and the conse-
quent stopping of the means of all en-
ployees to purchase, not only coal, but
food and the other necessaries of life.
Next, it does not discriminate between
the parties by whom it is stolen and
opens up an avenue for crime of
class already too prevalent, viz, the
theft by the strong from the weak and
unprotected and sale to dealer.
Then the Workhouse Board is not
the proper party to deal with the ques-
ton. If there are enough extenuating
circumstances connected with any
given case the magistrate can impose
a merely nominal penalty and having
the facts before him is the one to con-
slider this phase.
There would seem to be, however, no
actual necessity at present for any such
leniency if it is true that coal is being
distributed to the needy.
| But by far the strongest argument
which can be brought against this
ruling is that it countenances and
tolerates, nay even sets premium on
crime. In the event of the occasion
arising the proper method would be
for the authorities already constituted
or others appointed specially for that
purpose to seize the coal supply within
reach in formal manner, giving prop
er compensation therefor, and to
distribute it where most needed, being
reimbursed the proper price by those
able to pay for it and gratuitously to
those unable to so pay. History fur
nishes many precedents for such &C.
ton and at the same time affords con-
elusive proofs of the very urgent neces-
sity of strong government in times of
famine or pestilence and the strict en-
/ Of 1ov in for -
affects private individuals molesting
others or their property.
/ Strictly speaking, and undoubtedly
in the view of the so-called legal purists,
this would still be illegal, but the same
arguments which may be applied to a
; revolution which has obtained for its
members the footing of belligerents in
the eyes of the nation at war with an
other and question of principle, to
distinguish them from mere assassins,
anarchists, murderers or pirates, may
be applied to distinguish such action
on the part of persons acting in good
faith on some show of authority, from
mere thieves.
The statement that the laws must
reflect the opinion of the majority in
order to be operative, may be accurate
in theory, but in practice the minority
, generally governs, both in this and
, probably every other nation with the
possible exception of the Swiss. This
fact is practically conceded in the sub
sequent remark about the chosen rep
| rssentatives. Such will always be the
case as long as the electors are ready
to overlook the gross breaches Of faith
of these same representatives.