The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-07-03
KANSAS COMAENT
THE UNWRITTEN Law.


From the frequency with which the
| "unwritten law" has been intFuding
itself this year, first in the Thaw case,
then in the trial of the Strothers bro
thers, and at present in that of Judge
Loving, the details of which hearing
arc now appearing in the current is
sues of the newspapers, the pubic
should, it would seem, have pretty
clear idea as to what this law is and
what are its limitations. And it must
be admitted that the public is stu
confused.
Perhaps it would be just as well in
instances where the "unwritten law"
is involved for the judges to forbid the
attorneys to attempt to fix its applica-
ton. 1t is difficult matter to under
stand how defense can be based up
on statute that does not exist IN
fact, and the conception of which var
les greatly. Quite as effective before
juries in cases where the defendant
according to our best ideas of honor
clearly deserves acquittal would 1t be
for the lawyers to produce jealousy
every particle of relevant testimony
and then leave the application of the
unwritten law to the jurors them
selves. No jury in the land would con-
Wet man who took the law IN MS
own hands to protect the honor OF his
own household And from the evil
dence it will be a very easy matter Tor
the jury to determine whether the I'M
written law has entered into any case
There will perhaps always be an I'M
written law but of late it is being too
frequently made resort to as an
agency to thwart justice. rather than
to encourage and facilitate itr-Leav-
enworth Times.
HORNADAY
Grant Hornaday's declaration for
primary nominating election and other
radical political reforms has made
him the most talked about man in
II oh
that the public are interested in these
things and that they are for the can
didate who stands strenuousIy Tor
them. The Fort Scott Republican
notes that of its one hundred ex-
changes, influential papers from all
sections of the state. sixty-one nave
spoken in complimentary manner OF
Mr.. Hornaday for governor and six
teen others commend him for his at
titude on the primary, the railroad ana
taxation question. Mr.. Hornaday
made a ten-strike in his bold declara-
ton these live topics.-Paola Re
| publican.
THE TIMES PLAN.
The Leavenworth Times has a cute
little plan to have Governor Bailey
nominated for governor with the un-
| Outstanding that he won't be cand1-
date for reelection so as to make the
! election of state officers come out
even That's what a whole lot or Re
I DuDllCanS III KANSAS IIlc0 ~
for at the last election. But an agree
ment like that with Bailey would pc
in restraint of trade and wouldn't
| hold.-Parsons SUM-,
A WARNING.
| Kansas is Inherently a Republican
| state That is the reason the people
| dislike to vote the Democratic ticket.
| Had not Kansas been Republcan 10
the core Col. Harris would have been
lbs
| sas voters will not stand too much
trif1ing. There is a limit to all things.
| They are independent and fast de-
| handing that parties stand for things
definite and eertain.-Lawrence Jour-
! nal.
| A BAD BUSINESS.
At Joplin in the United States court
| a man was fined $50 for firing a pistol
| shot into a ruralernail box, and he got
| off easy at that figure. The govern
ment doesn't stand for ones desire 70
| use mail boxes for targets, ana the
man that he could have been sent to
| a term of three years In prison; II
| doesn't pay to fool with your Cncle
SamuePs mail in any manner. shape
| or form.-Miami Republican.
| %
! WHAT WOULD HAPPEN.
| Tt is an international joke for Mark
! Twain to run about the streets OF Lon
| don barefooted and clad only IN
| bath-robe. But if a man who was not
| a humorist would attempt such a
'sioke" the London Boobies would run
| him in and he would pay the costs the
| next NEUTRALITY-SUSPICIOUS. World.
| NEVER TOUCHED HIM.
Perhaps Mr. Stubs and his square
deal" associates can learn something
| 10 their advantage from those three
| cyclones that recently passed through
| Medicine Lodge without giving Sen
| ator Long even a scratch.-Parsons
| Sun.
FRON OTHER PENS