The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-02-24

for this common good, but to despoil
for individual gain. Theirs is a patriot
ism of the military or predatory char
acter These men ask of our political in
stitutions opportunities for selfish gains
These men look upon public office OF
trusts only with view of private gain
and personal profit. AS a result we hear
constantly of legislatures controlled by
corporations, of city councils domineered
by the largest purse.
OF similar type is the patriotism of
him who expects the neighbor to pay
taxes while he Is lodging his own; or
of the man who thinks it perfectly proper
to make untrue returns to the tax as
SCISSOR or the customs officer.
Another kind of patriotism puts the
stress of its appeal on the enforcement
of laws, and would therefor crown with
civic virtue the officer who executes the
statutes as he finds them, without fear
or favor, and demands u first and
| most important requisrp of patriotism
absolute obedience to it's provisions.
The proposition is automatic that pa
| triotism demands our obedience to laws
Laws enacted by legally constituted au-
thorities should be enforced and re-
spected Every patriotic citizen will sub
/ scribe to this doctrine. But does this
definition go far enough?
| 1t assumes for every law the solemnity
of an incarnation of the peoples majes
ty. In theory this is true. But in prac-
| tice the matter is quite different. The
will and wisdom of the people are en-
gagged in our system of law-making only
! indirectly. 1t is the legislature and the
executive who make our laws; the courts
may pass on their constitutionaity only
when a test case is brought before them
| 1t is true our legislatures and governors
are elected by the people. But beyond
| a h1 w M lrt in fr.a1 In y
legislation. Political platforms. as rule,
are made by the politicians as post-elec-
ton food for the good people. Often
years may pass before our people have a
| chance at making their dissent effective.
/ In Switzerland and New Zealand they
have the referendum; there the people
may demand a hearing at once upon eV-
cry law before it goes into effect.
Not so with us; our laws are frequently
the result of political trickery, log-rolling
and immoral ambitions Laws thus en-
acted, while they must be enforced, can
not share in the august majesty which
flows from the expression of the people $
will.
More Serious Obligations.
1t would then appear that true patriot
ism includes obligations more serious than
mere obedience to laws and their enforce
ment. 1t is the duty of all patriots to
prevent the enactment of foolish or UNI
righteous laws, and If such laws have
been maze, to work for their repeal.
righteousness exalteth a nation, but sin
is a reproach to a people" Hence he
who would merely enforce the laws with
out seeing to it that the laws are made
wisely and with a righteous purpose, or
that no unnecessary laws be passed. re-
members only one, the least important,
element in patriotism.
Let us not forget the distinction be-
10, So. Il.
abstract denotes the responsibility and
right of every individual under the sane
ton of society. Laws" are the concrete
embodiment of experiments not infrc-
quently devised without wisdom and
righteousness. Law in the abstract is
divine; laws in the concrete are human.
and are beset with all the weakness that
human mind Is heir to.
But if our text voices truth C'right-
! eousness eXalteth nation"), then the
patriots brief solicitude must be that
laws shall conform with the standard of
Righteousness and justice. This is an
ideal that must be kept in view con-
stantly The law must never conflict with
the demands of morality. BY overlooking
this essential element we have added to
the talk of respect for law, of which we
hear so much and which is reproach to
any people.
The folly of some legislators is largely
responsible Tor This. Iney introduce TOO
many laws. Multiplication of laws is al
ways evil In days gone by they used to
say great deal about the artificial leg
alsm of the Jewish code of laws. They
talked learnedy of the fence of laws
with which Judaism surrounded the Jew.
The Jewish code knew of 6i3 laws or
commandments incumbent upon every
observant Jew. The other day a learned
| sociological student of New York told
me that in New York City to be a law
abiding citizen one must not violate 5000
laws of the statute book. Just think of
It! What artificial legalism surrounds
the New York of today!
This creation by statute of artificial
crimes weakens our respect for laws
| which are intended to prevent real
crimes. Whatever depends upon locality
| or time can never in itself be morally
criminal, though the law says so. Play
ing a game of dominoes on Sunday can
never be crime. The statute may pro-
| hibit much innocent amusement on Sun
] day. but the moral tribunal does not
| sanction such artificial criminality. Nor
alty's domain is Independent of time
and place. Murder. theft are crimes in
| all lands at all seasons. This canon Is
| beyond all criticism. BY 1t strong dis
tinction Is made between crimes and, SIM
/ pie violations Of police ordinapasa. Blu;