The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-08-31
TURNS SHAFTS ON
THE HIGHER LAW
BAR ASSOCIATION ADDRESSED BY
LOUISIANA LAWYER. ~:
Thomas j.. Herman in Paper Read Last
Night Deals with the Jurisprudence
Of Lawlessness," Which, He says, Is
Almost a System General Davis on
International Law. So

International law and ""the higher
law furnished the subjects for two
able papers read before the American
Bar association last night. General
George B. Davis, judge advocate gen
eral of the United States army. the
be present, as he has been ordered to
the Geneva conference, but his paper
was read by Everett P. Wheeler Of New
York. The first paper read was that on
The Jurisprudence of Lawlessness, -
by Thomas J. Herman of Baton
Rouge, La.
Lynch law and the so-called higher
law were the target for much brilliant
satire and the mark for much sensible
comment by the speaker, who said, in
part: Is. ,.r.-
"Do we not in America have, in real
ity, jurisprudence, as it were, of law
lessness, as well as jurisprudence of
law9 1t is jurisprudence which has
almost assumed the dignity and SYM
metry Of a system. It is neither leg
islative nor iudge-made. It might not
inaptly be styled system of jury
made lawlessness, or judicial impru-
forbidden by law and denies rights
that are granted by law. Necessarily
it has no. codes or text books, hence it's
pre-eminent claim to the title Of THE
| Unwritten Law It is in fragrant vio-
lataion of all statutes, hence it is styled
by it's advocates, 'The Law above the
Statutes; or The Higher Law. It
opinion of the communities in which
it prevails, and has all the certainty
and sanction that constitutions or stat
uteS cOuld give it,
"This jurisprudence of lawlessness
has both it's criminal and its civil feat
ures. / have undertaken to formulate
the system s decalogue in the following
ten cardinal laws:
Ten Cardinal Laws.
Flaw I-Any man who commits
| rape upon woman Of chaste character
shall, without trial Or hearing of any
eapto ' or other Body Of respeetable
citizens not less than three in number;
and they shall have the right to deter
mine the mode of execution, which may
| be both cruel and unsual, the constitu-
! ton and laws Of the state and of the
standing.
4" Law II-Any man who commits
| adultery may be put to death with i'm
| punity by the injured husband, who
shall have the right to determine the
mode Of execution, be it never SO cow
ardly.
be shot, or stabbed to death by her, or
any near relative of hers; and, If
deemed necessary by the slayer, such
shooting, or stabbing, may be done in
the back, OF while laying in wait. D..
| CLAW IV-Any man who traduees a
virtuous woman s character for chasti-
ty may be shot with impunity by her,
or her husband, or: any near Relatives;
but the offender must first be given an
opportunity to deny or disprove the
charge, or tosretract., or apologize.
CLAW V-The survivor Of fatal duel
must be acquitted, if the duel was fair
ly conducted according to the time
honored provisions of the code Of honor.
| claw VI-Any man who kills an
other in a fair fight shall not be found
guilty either Of murd Ter or manslaugh-
ter but must be acquitted even tho he
be the sole aggressor.. =. -
"Law VII--The lie direct, and Ger:
tain other well-known opprobrious eui-
thets, which constitute mortal insult,
are each equal to a blow, and any of
them iustifes an assault.
| Flaw VIII-In prosecution for steal
| ing horses, cattle, or hogs, the presump-
of the live stock, and the accused IS
presumed to be guilty.
Flaw KIN all civil suits by natural
persons against corporations, the de-
PENDANT corporation is presumed to, be
liable, and can establish want Of liabil,
ity only by a clear and decided pre-.
ponderance of evidence.
"Law Kin every action by employee
against employer for personal injury
the plaintiff shall recover damages un,
less the defendant employer proves want
of liability beyond reasonable doubt
and, in all such cases, the measure OF
damages shall be the pitiful condition
of the plaintiff. the sympathy of the
jury and the ability of the employer tc
pay.
Crime for Crime.
"An the foregoing lawless laws are
in full force and effect in some parts OF
this great and growing. republic; ani
some. of them in all parts of, it,: Wher
ever they are effective, they are en-
forced with much greater certainty an6
celebrity than any written statutes, OF
sacred constitutions. All of them. in
their last analysis, have their origin
and source in some real, or supposed
failure, defect, or injustice of the law;
most Of the lawless rights they estab
lish are granted by them as the coun
terparts Of the real or supposed lawful
wrongs which they are meant to CO.
pensate. The slow and painful processes
Of the courts and the utter inadequacy
of all legal remedy for certain crimes
have given rise to all the rest.
"When the punishment of crime it