Evening journal., 1906-12-05
As to Unwritten Law.

Editor The Evening journal.
We are hearing much in these days
Of "the unwritten law" Since a
month or so ago. when a Southern Con-
gressman. In a speech delivered before
the National Bar Association, explain
ed the unwritten code Of what he term
ed the unwrltten law, the phrase has
caught popular attention, and since
then more than a score of emotional
crimes have been referred to by the at
torneys in the case If not by the per-
petrators as being justified by the "un-
written statutes The defense of
Harry Thaw for the shooting OF stan
ford White. so 1t is given out is to
be based on the ''unwrtten law" The
pretty trained nurse at Utica, n. Y.
who, short time ago. fred -four shots
at the man who had made love to her
and whom she later discovered to he
living with a wife is to be plead IN her
defense "the unwritten law" The ua-
written law differs somewhat, accord
ing to latitude and longitude, but u
has been pointed out by its elucidators
that 1t is all-prevalent-tha IT extends
from Maine to Texas and from Balti-
more to San Franscisco-as to that
section which deals with a violation
OF woman's faith or Of the fidelity Of
the marriage bond. Although in Ari-
zona and New Mexico horse stealing
Is designated as one Of the crimes that
is dealt with by a on-statutory sys-
tenn of procedure, Il is In connection
with various forms Of baseness identi-
fed with sexual relations and distinc-
tions that so-called justice is meted out
in accord with a law that was never
passed by a legislative body and for
which no court can ind a~y statutory
warrant.
It Is a common saying when some
man shoots or some woman kills "A
betrayer, mo jury will convict" In
other words. a great many people
seem instinctively to recognize and tc
justify this "unwritten law" Now II
should be plain enough TO any re-
spectful person that there should b5
no such thing as an unwritten law
That is to say, IL the written laws dc
not completely and in adequate detail
provide proper penalties for the classi-
hcation Of offenses now punished In
accord with system which. though
not set down in books, is none the less
clearly defined In mems minds. The
written laws are seriously defective
and should be revised with painstak-
ing ingenuity. The varying phases OF
wrongdoing in the relations between
men and women should be itemized
and distinguished, in a statute provid-
ing punishments, with the same min
uteness that the Masonic law specific;
minor offenses. such a law can bs
drawn by a skilled and analytic-mind-
ed lawyer.
Take, for instance. the case Of this
Utica nurse who attempted to kill tbs
married man who, she claims, made
love to her and won her affection:
under pretense Of being single and in
tending marriage. IL the statute deal
/ ing with such an offense is not ade-
quate. il should be made so. When sucl
affairs end in tragedy, the burden OF
the crime, from beginning to end, is
generally placed upon the man by ths
popular verdict. II is possible that
before the DAYS Of Potiphars wife and
since then, the woman. not the man
has been the original tempter. Wh.ei
is 10 say that the matter is an ex-
ceedingly complicated one to deal with
by written law, and yet It is certain
that II an uuwritten punishment may
be meted out to faithless lover, there
might as well be conceded an un-
written law dealing with CHECKER
stealing. selling beer on sundays oi
any offense.
Respectfully.
Lex Scripta.