Evening journal., 1906-09-13
ANALYSIS OF fi
UNWRITTEN LAW
Judge Herman at Bar Meeting
Discusses its Various
Phases
GIVES LIST OF THE OFFENCES

ST PAUL, Mimi. Sept. 12.-"The
Jurisprudence Of lawlessness," other
wise known as the 'unwritten law"
was the subject OF an arraignment
during the meeting OF the American
Bar Association here last week by
Judge Thomas j. Herman. OF Baton
Rouge. La Judge Herman sees IN
the "unwritten law" a menace TO
American liberty and trend toward
anarchy for, he declares. 1t tends to
reduce the administration OF justice 20
farce. t.It.
In his speech Judge Herman ssaid in.
part; do we not in America have,
in reality. a Jurisprudence OF lawless-
ness as we'll as Jurisprudence of law2
The more thought / have given this
subject the more thoroughly convinced
1 have become that we have such a
/ jurisprudence. with its general princi-
pies. or rules, n you. object to the use
OF the word principles in such con-
nection-its particular exceptions, re-
hnements and distinctions.
1T is a Jurisprudence which has al
most assumed thedignity and SYM
metry OF system. II is neither legis-
lative nor Judge made. II might. not
inaptly, be styled a system OF jury
made lawlessness. or juries' imprud-
ence, which recognizes rights that. are
forbidden by law. and denies rights
that are granted by law.
4 "Necessarily. AZ has no codes or text
books. shence tkf rs-esemipeht CHIN "a
the title Of The Unwritten Law 1t
is3 a1naTapt Yigigt tign on ~ statutes
hsncY 9it IS styied ny ieN aayorates
'rhe LAW Above the 'Statutes.s On The
Higher Law II has its basic found
alton in the public opinion Of the COM
, munities IN which II prevails, and has
, ali the certainty and sanction that
constitutions Pr statutes could give
3" rol lIiAar arHn
= Unwritten Laws.esa. ase go s,rsaa
E The Judge then proceeded to classify
the acts for the punishment Of which
} the unwritten law'is called into ser.
d Vice si a1G s'e-r Iia. ft4w r-
v He had from deduction formulated
? them into cardinal laws as the deca
b logue Of the selfrappointed system
e Among them We're the following; "
LAW L t-s
= "Any man who violates a woman o
:, chaste character shall, without trial o
e hearing OF any kind, be instantly pu
!, to death by his captors or other bod,
d Of respectable citizens. not less thai
3 three in number; the constitution an
j. laws Of the state and OF the Unite
= state to the contrary notwithstand
ing.
n LAW II.
II "Any man who commits adulter
g may be put to death with impunity b
] MI, rHa
y the right to determine the mode {
y execution.
d, LAW III.
10 ANY man who seduces an innocer
ID girl may. without hearing, be shot
Iy stabbed TO death by her or any ne'
ST relative of hers; and If deemed necei
s. sary such shooting or stabbing ma
as be done in the back, or while lying
wait
f. LAW ".
s. ANY man who traduces a virtuot
T. woman,s character for chastity may
20 shot with impunity by her, or her hu'
p band. or any near relative, but II
" offender must first be given an oppo
r tunity to deny and dlsprove tf
re charge. or to retract and apologize
sr Five other unrecorded flaws" Il
IN penalties other than bodily harm VII
l- tied upon offenders were dwelt upc
% by the Judge who said: THE laws
he the system are enforced with muC
RS greater certainty and celebrity than ar
ID written statutes
Gan Of them in their la
I'd analysis" he said. "have the
e' origin and source in some real or SUI
~ posed failure. defect or injustice Of q
ne law; most of the lawless rights the
establish are granted by them as Il
counterparts OF the real or supposi
r lawful wrongs. which they are mea
y to compensate. The slow and paint
- processes Of the courts and the utt
- inadequacy Of all legal remedy 4
+ certain crimes have given rise to
l. the rest.
"They seem to be an abnormal al
malignant growth upon the body
ny the law. and they must either be e
10 cised or removed by constitution
a treatment Of the legal system itse
as The indicated remedy is necessari
of legal, and It is the first great duty
f. American lawyers to discover and a
I'D ply the remedy.
he ''Any remedy for lynching to be G
ut fective must remove all excuse for
I'M otherwise It viii be merely reme'
re for symptoms of the malady and for
er doomed to ignominious failure.
10 Studied Distinctions.
- 1T is interesting TO note the caref
; distinctions and Studied refnemen
y, made by this barbarous code Of Law
~ lessness. It will be observed that Il