The Montgomery advertiser., 1909-03-10
A QUESTION or cusroas.


 The question of requiring a witness in court to kiss the Bible on taking the oath has been much discussed of late. since the germ theory of d'seaSe has been so generally accepted. Just | when and why the custom originated we do not know, and 1t .s not material. The fact that 1t does exist is suffic. ent. and 1t is generally enforced.
 A recent case in one of the English couFts has brought the subject up in a way that has aroused new interest in the matter, and 1t Is stated that the | courts of that country are at olds about the decision. The case in ques tion was that of a physician who had been summoned as a witness. Knowing the condition of the average court Bibles. and having an ever-present dis i inclination to gather a crop of mi crobes, he carried his own new aud clean Bible with him to court and steadfastly refuaed to kiss any other. For this refusal he was fined for con- 1 tempt. and on appeal the higher court affirmed the decision. on the ground that the witness should have ,beyed the orders of the judge, as in no other way could the discipline of the courts be maintained.
 This may perhaps be correct reason ing from a judicial point of view, but. as contemporary argues, medical men have been loud in their protests, and the presentation of their side of the case shows that they, too. lave an argument that is worthy of cons'dera tion. They contend that the custom of kissing the court Testament. which is often old and extremely dirty, is very nhygienic and might be dangerous in some cases. They express a strong preference for the Scotch fashion of taking the oath, which consists in hold up the right arm and repeating the p,e- l scribed words. It is pointed out that several English judges have made pub lie statements in their coures that wit nesses may take the oath in the Scotch fashion If they prefer to do so, and the | medical men predict that this method | will become universal in England" From all this 1t is plain that the | question is likely to become one of | much interest. if not of actual import | ance. at least In England, and may ex- l tend to other lands. And. regarding the case of this Engl'sh court and the doctor We are a little curIous to know how the fning of the stn5bo:n witness can be justified. Is there anything pe- culiarly sacred about tho court Bible:'' l Would not the oath of the doctor have been as sacred and biaJing on him if taken on his own Bible as if he had have complied with both custom an law in one case as completely as in the other?
 l These are questions to be considered and no doubt many will argue that if kissing a Bible Is necessary to cause witness to swear to the truth. one Bible is as good as anoth4.. As to the hygienic point of view. the scient- ists and medicos must settle that side of it. If the microbe theory is cor rect 1t looks reasonable that a book thousands of all classes and of all grades of unclean'iness may have on it's surface about as varied and vo- luminous a stock of microbes as could easily be herded together. and that the one who kisses such book stands a fair chance to harvest some of taem have an idea that if they swear falsely 1t is not a serious offence, provided they have not kissed the Bible: con- sequently they take the hook rp 1T both hands, extend their thumbs across the cover and kiss them instead oi the book. By this trick they ease their conscience and imagine they have not committed perjdry. Those who have a horror of germs might adopt +his plan, provided .he;r thumbs are clean otherwise they might noS better mat ters much.
 After all is said. is there ot moro or less superstition connected with this time onored mode of taking ar oath Is net the Scottish method as saatet and binding as the othcr' There is something solemn and dignifed ir standing upright, holding up the righr hand and solemnly repeating the oath administered to him. and we think Ii probable that the man thus sworn vii tell the truth as conscientiously as though he had kissed a whole library of Bibles-and he escapes the mi crobes.
 \ PASSING MANIA.