The labor world. [volume] (Duluth, Minn.) 1896-current, 1908-12-19
GREAT JUR|sT's VIEWS
On LIQUOR QUESTION
Dangers From Converting Into
81 81 Crimes Acts Regarded by
~ ~ h Many as Innocent.
DESIRABLE ENDS DO NOT
% Justify VICIOUS MEANS
Substituting a. Greater Evil for
- a Lesser Never Wrought a
Genuine Reform,

Hon. James G. Carter, for many
years the recognized leader of the
American Bar, prepared a series of
lectures to be delivered at Harvard
University on "The Law; Its Origin,
Growth and Functions" His sud-
den death prevented their delivery,
and they are now printed by G.. P.
Putnam's Sons in book form. In his
discussion of the functions of leg
islation, and particularly Of laws af-
fecting personal liberty and the ques-
ttons of local option and Prohibi-
tion, he utters these wise words:
Source of Danger.
The principal danger lies in the
attempt often made to convert into
crimes acts regarded by large num-
bers, perhaps a majority, as innocent
that Is, to practise what is, in fact,
tyranny. We all are ready to agree
that tyranny is a very mischievous
thing; there is not a right under
standing equally general Of what
tyranny is. Some think that tyr
amy is a fault only of despots, and
cannot be committed under a repub-
lican form of government; they think
that the maxim that the majority
must govern justifies the majority in
governing as it pleases, and requires
the minority to acquiesce with
cheerfulness in legislation of any
character, as if what is called self
government were a scheme by which
different parts of the community may
alternately enjoy the privilege of tyr
annizing over each other.
Prohibitory Laws.
The principal evils of legal tyran-
ny arise from the instrumentality
which it employs, which is always
force n Take, sfpr instance,
the case of'laws prohibiting the man
ufacture or sale of Intoxicating
drinks: The evils of drunkenness
are SO manifest that great numbers
of excellent people are impressed
with conviction that some measures
must be taken to suppress them. The
first efforts in this direction were
a resort to what are called moral
methods. The attempt was made
to arouse public sentiment so strong
as to prevent men from indulgence,
and discourage the sale of the
mischievous article; but the results
of such efforts are generally too slow
and gradual to satisfy aroused and
earnest minds. Besides the desire
of doing good, the selfish determina-
tion is formed of carrying out a pur-
pose, and the purpose comes to seem
so important that no inquiry is made
concerning the. means, except to con-
slider what will be most effective.
It suits the judgment of some and
the tempers of others to convert the
practices they deem SO mischievous
into crimes, and they think that if
nothing else will prevent indulgence
in them, the fear of heavy punish
ment. will at least be effective, and
indeed many think that the force Of
law Is so great that the mere enact
ment of a prohibition will accomp-
lish the desired end, and all are in
*clined to believe that even if the
laws are ineffective for the purpose
for which they were enacted, they
will at least do no harm. But men
forget that their acts, whether in en-
acting and attempting to enforce
written laws, or of whatever other
nature, are subject to the great law
of causality and will draw after them
their inevitable consequences. The
law, when enacted, will not execute
itself. 1t requires the active inter-
position of man to put it in force.
= Evils of Enforcement.
Evidence must be found and prose-
cutions set in motion. AS this is a
task in which good men are common
~ found to be unwilling, or too indo-
lent, to voluntarily engage, others
must be sought for who will under
take it. The spy and informer are
hired, but their testimony is open to
much Impeachment, and is met by
opposing testimony often false and
perjured. The trials become scenes
Of perjury and subornation OF per-
jury, and juries find abundant .ex-
cuses for rendering verdicts of ac-
quittal or persisting in disagree
ments, contrary to their oaths. The
whole machinery Of enforcement
fails. or, If it succeeds at all, 1t is
In particular places only, while in
others the law is violated with i'm
pnity. Attempts are made to insure
a more general and effective execu-
tion of the law by imposing the duty
Of detection upon the ordinary police
men, and giving them summary DOW
ers. This enables such officers to
extend indulgence for price, and
makes their positions of value which
speedily fall into the hands Of those
who will not scruple to sell their in
dulgences; and bribery and oorrup-
ton on a vast scale are the result.
The necessity felt by the violators
of the law to purchase protection
carries the struggle for the control
of the police establishment into pol
ttics, and mischiefs almost endless
follow. An especially pernicious ef-
feet is. that society becomes divided
between the friends and the foes 81
the repressive law, and the opposing
parties become animated with q hos
ltility which events united action