The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-08-31
NOTABLE ADDRESS
ON UNWRITTEN LAW
Thos. ]. Herman Speaks at ST.
Paul Meeting
GROUPED UNDER TEN HEADS
Suggests Some Remedies for Preva-
ence of Idea of LawIess Rights
and Lawful Wrongs In All
Parts of the Country.
GROUPED UNDER TEN HEADS

| St Paul, Mimi, August 3.-The feature
of today's session of the American Bar
association was an address by Thomas J..
Herman of Baton Rouge, La. Mr.. Ker-
mans subject was 'The Unwritten Law,
or Lawless Rights and Lawful Wrongs"
He said in part:
De we not in America have in reality,
a jurisprudence. as it were, of lawlessness,
as well as Jurisprudence of law? The
more thought I have given this subject,
! the more thoroughly convinced have be-
come that we have such a Jurisprudence,
with its general principles-or rules, II
you object to the use of the word princi-
PIES in such a connection-its particular
exceptions, refinements and distinctions.
| 1t is a jurisprudence which has almost as
sumed the dignity and symmetry of sys-
TEN. 1t is neither legislative nor judge
made. It might not inaptly be styled a
system of jury-made lawlessness, or juries'
imprudence, which recognizes rights that
are forbidden by law and denies rights
that are granted by law. Necessarily, It
! has no codes or text books hence its
pre-eminent claim to the title of The
Unwritten Law 1t is In fragrant VIOLA
ton of all statutes, hence 1t is styled by
its advocates. The Law Above the Stat
utes,' or The Higher Law It has its
basic foundation in the public opinion of
! the communities In which 1t prevails and
| has all the certainty and sanction That
constitutions or statutes could give 1t.
Grouped Under Two Heads.
This Jurisprudence of Iawlessness has
both its criminal and its civil features.
have undertaken to formulate the systems
decalogue in the following ten cardinal
laws:
LAW I.
Any man who commits rape upon
woman of chaste character shall, without
trial or hearing of any kind. be instantly
put to death by his captors or other BODY
of respectable citizens not less than three
in number; and they shall have the right
to determine the mode of execution, which
may be both cruel and unusual the con-
stitution and laws of the state and OF the
United States to the contrary notwith'
standing.
Law II.
Any man who commits adultry may be
put to death with lmpunity by the injured
husband, who shall have the right to de-
termine the mode of execution, be 1t
ever so cowardly.
LAW IL
ANY man who seduces an innocent girl
may without a hearing, be shot, or stab
bed 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, or while laying In walt.
LAW ".
ANY man who traduces a virtuous wom-
ans character for chastity may by shot
.,,itI htr O4- hnSha d.
any near relative but the offender must
first be given an opportunity to deny or
disprove the charge, or to retract or apol-
ogize.
LAW.
The survivor of fatal duel must be ac-
quilted, IL the duel was fairly conducted
according to the time-honored provisions
of the Code of Honor.
LAW VI.
Any man who kills another In fair
fight shall not be found guilty either
of murder of manslaughter, but must be
acquitted, even though he be the sole ag-
gressor.
LAW VII.
The lie direct and certain other well
known opprobious epithets, which consti-
tute mortal insult, are each equal to a
blow, and any of them justifies an assault.
LAW VIII
In prosecution for stealing horses, cattle
or hogs, the presumtion of innocence is
shifted in favor of the live stock and the
accused is presumed to be guilty
LAW TX.
In all civil suits by natural persons
against corporations, the defendant cor
poration Is presumed to be liable, and can
establish want of liability only by a clear
and decided preponderance of evidence.
LAW x.
In every action by employee against en-
ployer for personal injury. the plaintiff
shall recover damages unless the defend
ant employer proves want of liability be-
yond a 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 to pay.
In Full Force and Effect.
All of the foregoing lawless laws are
in full force and effect in some parts
of this great and growing republic; and
some of them in all parts of 1t. Wherever
| they are effective they are enforced with
much greater certainty and CELEBRITY than
any written statutes, or sacred consti-
tutions Their existence poses problem
! for American lawyers, the solution OF
| which is destined to severely test their
ability, courage and patriotism. All of
| them, in their last analysis, have their
origin and source in some real or sup
| posed failure, defect or injustice of the
law; most of the lawless rights they es-
tablish are granted by them as the coun-
terparts of the real or supposed lawful
| wrongs which they are meant to compen-
safe 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.
They seem to be abnormal and malig-
nant growths upon the body of the law,
and they must either be excised or re-
moved by constitutional treatment of the
legal system itself. The indicated remedy
is necessarily legal, and it is the first
duty of American lawyers to discover and
apply the remedy. That some radical
remedy is the crying need of the hour
none can deny. When the punishment of
lied government is shaken to its founda-
ton stones, and the fabric of civiliza-
ton is fast tottering to its fall. 1t sure
of order and the preservers of civiliza-
riously and most closely
Fundamental Right Is Impartial Trial.
The first great fundamental right of
! everyone accused of crime is a fair and
impartial trial; and where this is denied.
liberty dies, personal security perishes
from the earth. and all human rights are
crucified 1t matters not how henious the
crime, or how guilty the criminal, this
first great right of man must be pre-
| earx,ad Il NOV n &c trita somaffu1es nrOva