Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-07-02
TIE "UNwRITTEN LAW"

As was expected, Loving, the HibNeT
of Estes has been acquitted by the
court In Virginia.
Loving shot Estes because he be-
lleved that the latter had debauched
Loving's daughter
The defense offered 10 prove that
the charge against Estes was not
true but the Judge ruled that owl
dence TO this effect would be mad
| missIble The only question before
| the jury was. therefore whether or
not Loving actually believed the story
| told to him by his daughter. Thus
| the life Of man presumably inno-
| cent according to the theory ~ our
laws, was made 10 depend upon the
state of mind Of another man. II the
| other man was rash impulsivc, in
sane, or suffering from mental aber-
ration OF hallucination. so much the
| worse. 10 be sure for his victim; bu,
such circumstances do not affect the
main proposition, promulgated by the
court. which Is, frankly mated. that
one man has the right 10 take the
life Of another provided he believes
that other to be worthy Of death And
VIC are told thar this IS American law.
As matter Of fact. this cannot be
the law The only time at which a
pcrsou may legally take human life
is when he Is commissioned by the
government 70 do so. as the execu-
toner of a prisoner condemned. or as
soldier in time of war in striking at
the armAd foes OF the nation; or in
self-dcfense when there Is no other
apparent way of defending himself
from death or from great bodily
harm or when to prevent felony or
to protect the life and honor of those
whom he is legally bound to protect
he strikes down the assailant,
It is gross nisapplication of these
legal qualifications for homicide, TO
seek 10 apply them, not to prevent
threatened injury but 10 avenge ono
already committed. With good reason
the law permits acts which prevent
the aggression and hinder or defeat
the attempted crime; and with equally
good reason. the law denieS the right
of any one after the crime has been
committed and afterhthe case can
not be remedied in That respect to
assume the sole function OF the courts
In passing and executing the sentence
OF death The cool and deliberate
killing in such a case is mere murder;
and no amount OF sophistry can be-
cloud that issue or relieve tho out
rage OF that. low. common. and GRIM
inal effect before the law.
For il II fSere. true that one man
may XIII another whom he honestly
believes 70 DC worthy of death, then
every prems1itated assassination may
proper. For has not the murderer
tried the issue in his own mind. and
sentenced his victim to death before
ne strikes the blow which carries his
decision into effect? The murderer
always believes, FOR some reason or
other, that his victim should die; and |
II the murderer's belief as to the mer-
its of the case Is to prevail. the term
of human life Is rendered more pre-
earlous than II naturally is. and the
the law is thrust still further, and |
mere eontemptuousy aside 10 make
way for the play of individual pas
sions anG the uncertainty Of single |
and generally preJudiced judgments.
Courts Of law should be the last
10 admit that in any case they can
not do fun and impartial justice; and
if the law does not meet every case,
it is easy to broaden or TO amend 1t so !.
that justice may be done and order
prevail.