Windham County reformer. (Brattleboro, Vt.) 1901-1906, 1906-03-23
A Bad Example.

The St Adams Messenger comments as ioi
lows upon NJ. J. Hapgood's letter pubiished
! elsewhere concerning Judge Nheelers ae'
fance OF the law nj the recent town meetlhe'
Sentimental considerations of this eharac'
Ter should not blind us TO the fact that Judge
Wheeler deliberately, stuhbornly, and without
lust cause, has repeatedly set an example OF
omen and notorious defiance OF the manifest
intent and spirit Of law that oil his lei
low citizens were everywhere faithfully OBJ
/ serving as matter Of obligation and duty
in this respect, at least IL does not excuse
the action OF the Judge that he so far care.
fully planned his course "A TO steer clear OF
violating such parts of the statute as were
sanctioned by a penalty and that he took ad
vantage of a technically in or out and out
omission from the law as the security for
his act. The point is that the purpose OF
the Judges act was to openly challenge and
defy the law, and, even IL he in his superior
learning knew that in his carefully considered
actions he could escape punishment for II
and bring the law into contempt, he was set
ting nm example TO weak or vicious men VINO
had no such power to discriminate in the IN
terpretation OF statutes and who couid NOT
fail TO regard the judges conduct merely IN
the sense that ii would appear to the multi
tude generally, that is, as n suggestion that
any other man might also upon occasion
stand forth and publicly defy some other law
that he had made up his own mind was
something he did not like.
Granted that Judge Wheeler was contend.
ing for the vindcaton Of constitutional
principle as he understood and conscientious
lv believed and affirmed that principle, he
knew that by collision with the proper an'
thorities he might in some way bring about
test case that would be understood OF all
men as merely representing the high'minded
endeayor of a public. spirited citizen to OBTAIN
final adjudication OF a very important ques-
tion OF law. But he did not do this, and,
what is in some respects most embarrassing,
whatever the intent of the statute or its mani
fest spirit and policy, il provides no PUNISH
ment for what he did do. A great many peo'
nile who may not understand clearly this dis
tinction but who may appreciate just as clear
ly as the lawyers themselves that the Judge
deied the law, will have hard work to under
stand why Judge Wheeler is not punished LOT
his act when some cheap ward politician who
offends against the statute is quickly brought
TO book. It is unfortunate that already the
failure to prosecute the judge has caused
some people to infer that there is an attempt
10 make the law a respecter of persons in
his case. whereas the fact appears to be that
the authorities are simply powerless to DO
ANYTHING about it and the judge knew 1t him
self when he resolved upon his conduct. This
is also an important aspect of the evil effects
of Judge wheeler's action. The statute wili
be changed by the legislature this fall, doubt
less. SO that some of these defects may be
cured but no ex post facto legislation can
remedy the moral influence already germinat'
ed from the bad example of man popularity
looked up to as one to be pattern and model
of obedience to law, not only in the letter
but in the spirit.