Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-07-20
ENFORCING THE LAW.

'of inc protection or the public canno
'e successfully enforced.
But laws that answer only one o.
hese descriptions, being approved b,
he people and plainly necessary FOL
he. safety OF the citizens. can he anc
'houId be enforced Such are the laws
prbiddlng the official establishment oil
faces of vice and the folsting OF dens
- lnfdnr- upon the public by officers
Who may happen 10 be financially OF
. therwise Interested In them.
As 10 laws which the public consci-
nee does not approve the Mayor Of
'oledo, Mr. Brand whitlock. main
iains. in recent article, that an ex-
cutive must do the best he can with
he means at his command. according
~ the light he has. In doing this. he
annot. of course, satisfy all men; IL
Q could be imagined as absolutely en-
nrcing all these thousands of statutes
II the time. ne would satisfy no one.
at succeed only IN dissatisfying and
lrovoking all; for at some time or
thor every man doubtless must violate
ONE OF these statutes. and as no man
Yer. under any possible circumstances
fishes the law enforced against him or
gainst his relatives or friends It Is
lear that no man really believes that
i laws should be enforced all the
ime, And. indeed, few are to be found
tho would INSIST on the enforcement
"A j.,
e impra cticable, and Indeed impos-
ible. without bringing on tumult and
lot and a whole train Of evils much
forse than the violation of these
tatutory regulations could possibly be
that is to say certain discretion
Gems 20 be. at least tacitly, allowed In
he administration Of these statutes
Measured by the state Of public sentl-
nent and the degree OF conformity
hereto by custom"
He then cites the case OF the Sunday
tatutes which prohibit such activi-
les as sporting hunting or shooting
n Sunday, theatrical or dramatic per-
ormances. equestrian or circus per
ormance of jugglers, acrobatic shows.
ope-dancing, sparring exhibitions.
ariety shows. negro minstrelsy. living
.tatuary balloonlng. or baseball plays
ng, or any tenpins." or "other games
Z similar kind or kinds" the open
aloon. aud a legion of other acts that
all within the blue laws. There are
y every state statutes forbidding the
OF business and common
'ibor' on Sunday. and the only activl-
les expected are. according to the
tatute, work Of mercy or necessity"
nd. according 10 the courts, Intel
cctual labor"
The Mayor finds It easy to show that
Though such laws can readily be en-
orced in homogeneous communities
,here Puritan ideals prevail. diner
mt condition obtains In the larger,
modern cities. He observes that while
Is a common thing in our cities
o see large stores closed on sunday.
he curtains duly drawn, and the em-
'loyes. some OF them at least. thus
,ranted a day OF rest and recreation,
et all over the land. there are freight
rains running and engineers. fire
men, conductors, brakemen, switch
men, nagmen, dlspatchers. truckers
md numerous other employees toiling
ong hours, at hard and dangerous la
'or. to rush goods to those emporiums
~ Monday morning II Is not fair to
ay the blame of this condition on the
'roprietors. for they cannot help It.
We may not fully agree with the
Mayor In the illurtrstlons he gives OF
he principle stated al the opening OF
his article: laws against Sunday desc
ration should be enforced 70 greater
Xtent than generally Is done, especial
y the laws against sunday amuse-
nents and unnecessary labor; but the
principle itself is true.
SO, too, In the great work on law
~ the late James Cooledge Carter. II
5 ably argued that the only thing
ought To he affected by law is hui
nan conduct, ana that the extent Ia
which IL can be affected nv the
'onscious Interference OF man Is much
narrower than Is commonly supposed.
Habit and custom he SAYS. furnish
he rules that govern human con-
luct and the principal function Of
egislation is to supplement and aid
he operation 90 custom: and that, far
rom supplanting IT., It's own efficiency
$ dependent upon It's conformity TO
habit and custom. Law. he urges. al
Ways has been, still Is and viii for
'ver continue 20 be custom He de-
'lares that II Is not possible 10 make
aw by legislative action It. utmost
lower II 10 oner a reward or threaten
/ punishment. and thus furnish an
additional motive to influence conduct
when such power is eNerted TO re-
enforce custom and prevent violations
y It. II may he effectual, and rules
,r commands thus enacted are prop
.rly called laws. but n aimed ngainst
established custom they viii be in
.ffectual
II follows that whenever law is
plainly unjust. OF opposed 10 good
morals, or To the ideas Of right that
prevail generally In the community.
such a law will not be really opera
tive. Thus before the civil war
-tatute was enacted known as the Fu-
sitive Slave Law, with its several
Intended 20 operate in
the Northern states. But these were