The Montgomery advertiser., 1908-11-23
DEFINITION OF LAW
COMPARED WITH PUBLIC OPINION
 IN ADDRESS.
'. IT. Letcher Discusses Dangers that Threaten State In Mohs and Un- due Toleranee--Spoke
 to Y. M. 0. A..

One of the most engaging addresses of the Y. M. c. A. afternoon series was that delivered Sunday at 3:s0 o'clock by T. T. Letcher. the we'll known Montgomery lawyer. on Public Opinion and the Law" A good-sized audience was present and the address was well-received and was thought by those hearing 1t to be very timely.
 Mir. Letcher treated his subject in an effective style by drawing a fine distinction between the operation of mere opinion and the law. He spoke in part as follows:
 Public opinion and law are mere relative terms. It is not easy to draw the line between them. In our system of free government, the people make both. Law is in the form of fixed rules and is mandatory while public opinion is variable and advisory. Gen. orally. law is the final judgment, the highest expression of the sovereign will. It Is expressed after careful Thought and is made to meet the needs and conditions of society learned from actual experience. It is the calm and deliberate decision of the people after a hearing of the facts. The decision is sometimes wrong, but 1t is not less the will of the sovereign people. Law cannot be tested by ex- pediency When enacted according to prescribed forms, 1t is entitled to re- spect and obedience regardless of It's merits. All law stands on an equal footing, whether 1t be 8 misdemeanor or B. capital crime. There Is no degree of dignity among the statutes.
 "On the other hand, public opinion varies in degree and dignity from the nasty, violent clamor of the tawless mob to the respectable, intelligent sen- timent of the people as expressed in their law. l shall discuss three kinds of public opinion--that which antagon- ports and aids the law; and that which makes or creates the necessity for law. 888
 Public opinion is nothing more tean the sentiment of the crowd; the opin- ion of the people as a whole resulting from the opinion of the people as fndi- viduals. This sentiment surges back and forth like the great tides of the ocean and beats restlessly against the ways safe; for, it is often the expres. sion of feeling and not thought; of pas- sion and not reason. The angry, crowd is no more to be trusted than the an- gry individual. To satisfy it's passion it would override the restraints which itself has made.
 "The crowd is of two kinds; the phy- SACdA 4HQ LnO COA6tTUCLtW0s 1H9 uEHt is the mob that openly and violently defies the law; the second. is the crowd that does not assemble, but acts through the collective thought and feel- ing of the people who compose it. The mob is less dangerous to society than the latter. Physical force may sub due or put an end to the mob, but it cannot combat with the other crowd.
 "The hostility and indifference of n~.N.~ Aa. a... nf the law Is one of the graveat perils that threaten our Government. If c law does not seem to be needed. no one pays any attention to it.; or if i 1t Is iIl-suited to the conditions of a particular community or class of in- dividuals, that community or class of individuals will seldom hesitate to set it's judgment above the law. This ia dangerous practice. We can not violate one law without bringing all law into disrespect. You can not dis obey the provisions of your city ordi- nances without making 1t easier to violate the statutes of your State. s'The crimes of murder and arson may shock the feelings of the people more than the carrying of concealed weapons, yet the majesty of the law is assailed as much by one@as by the other. Public opinion has no right to
 
 which shall be disObeyed. Yet 1t un- dertalSes to perform this function. Treason carries no seyerer punish ment than murder. yet treason IS a rare crime because public opinion has branded the name of traitor with dis grace and dishonor. Embezzlement is more common among the higher classes than larceny because public opinion ia more tolerant of one than the other. 'The open and notorious violation oi some laws is not only permitted by public opinion, but 1t draws on those who would attempt to arrest the of- lenders. sworn officials will not rig idly enforce an unpopular statute for the voice of the crowd speaks very forcibly when 1t chooses its officers The fear of the ballot makes them pause. Thus the guardians of the law are intimidated to betray their trust and become themselves violators of the law which they are solemnly sworn to uphold and enforce.
 l 'HThe most dangerous defiance of the flaw. if seems to me, Is the failure ot our iuries to obey the law rather than nnblio opinion. With the juries rest tha final enforcement of the law. Your 1 sheriffs may be conscientious and faith Sni in arresting offenders. your judges nav be absolutely faithful to their trust. your solicitors may be active and diligent in prosecuting the guilty