The Cairo bulletin., 1908-02-24

immutability belonged to the law n'
less lawfully than to Law The lag
is man.made. He who made il ha
the right TO repeal It. Majorlties cal
enact the law; they have no right an,
mo power to alter Law. If a majorit.
. murder lawful, murder still remains
unlawful Majoyities cannot maxi
what is wrong right, or what is es
,sentially foolish wise Into the do
main Of Law the question OF MAORI
ties and minorities does not enter 1
only one there be that proclaims Law
over and against millions that deny it
Law remains supreme; yea, II there
be none to give II voice, Law still Is
.sceptered and crowned. That is the
meaning of the insistence which one
finds in Kant, and the writer's on
ethics. that even II the human race
good, the true aud the beautiful woui
persist. Majorities have competence
to make only the law, never Law.
Now this method Of prescribing by
Imaiorities what is the law is very
cumbersome, aud often the law is a
Eyer5 imperfect embodiment Of Law
and not infrequently even the denial
lee Law The result is that not rarely
the law, though not formally repealed
| falls into desuetude. Why? Because.
though seemingly enacted by the PEG
pie, it does not express the peoples
thought or will.
| The law that conforms to the PEG
| pies purpose and intention will never
lapse into inefficiency That many
concrete laws do fail Of enforcement
is due to the multiplicity of laws. as
Well as to the foolish misconceptions
which lawmakers entertain concern.
/ ing the nature Of Law.
To come to a concrete illustration:
Who made the Sunday law just now SO
much under discussion? They tell us
that the people made it, and until
the people repeal it, it shall be en-.
forced no matter at what cost. Did
the now living people make the law?
None Of the now-liying had a share in
its making. The people of seventy
years or one hundred years before
this day made it. But how? Not by
direct vote. The legislature enacted
it. Is the Legislature always respon
giT IN he xtsf.- ha. # Ia -,
judge by the eloquent dissertations OF
our modern defenders Of law and or
der one might believe that 1t is. And
yet only two or three months ago we
their supreme majesty had declared
for direct primaries. The legislature
as under the law 1t has the right to
do, has ignored this majestic express
sion of the peoples will. This Is
democracy with a string tied to it's
autonomy. The people" does not
legislate directly. Between it and the
law stands the general assembly, the
governor and sometimes, the supreme
court Many laws come to us from
those that lived before we did Until
we succeed in getting the heavy ma
chinery into motion which is provided /
for claiming the law. under the theory /
Of the agitators for enforcement Of I
Sunday restrictions. the law made By I
no means by us, but for us. is as
sacred as though it were Law.
Ii ours were a genuine democracy, /
the trouble could speedily be settled /
The legislature could be forced to sub +
NIT to the people the whole question I
Thus could be ascertained which is
the will" of the autonomous people !
II a majority OF the people believe that
Sunday shall be- for NEST people, a I
day Of insufferable tediousness. no i,
doubt the existing law will be main
tanned and enforced. If, however. q
majority OF the people is convinced
hat the civic day OF rest shall be
a day Of recreation and innocen:
pleasure, a day on which social Gus
.oms of non.Puritan origin shall no:
be- deemed criminal. the law. express
;ive of views no longer entertained
viii be set aside for another in con
.ormity with the changed viewpoint
IF the majority
Home rule Is the righteous principle
which shall be applied to problems
mi measures touching so intimately
ipon the habits and personal prefer
nents Of individual citizens. Temper
lnce leaders should be the last to OBJ
ect 10 the recognition OF this p1in-
iple. Local option has proven. and
Justly so. the most powerful help to
heir cause Let local optlon also be
INVOKED in this issue Rural districts
ave needs which cities. with Their
IoirgIot and heterC geneous popula
ion. have outzrown. And contra1 /
wise. cities are confronted with neces
titles which rural CON munities can
1T understand because they have nev
r felt their pressure Give Chicago
peal autonomy g. tais matter and the
interests Of decucy and fairness and
God citizenship viii b. subserFed
.e-t and most peacably-
atth intemperance the pleader for
saler policy # dealing with this
frplexitg has no sympathy Is il im-i