The Logan Republican. [volume] (Logan, Utah) 1902-1924, 1911-05-13
UNWRlT1EN LAWS
Man Dare Not Place Them Upon
the Statute Books.
THE SHIP CAPTAINS CODE.
Il Demands That the skipper Shall Go
Down With His Vessel " She Be
Lost, and II 10 Hold saorsd-The
Iron Law OF tho Army and Navy.


There is class OF unwritten law
which does not and cannot become
written law, says Case and Comment,
because IL approaches so near the dan
ger line that man dare not recognize 1t
to the extent Of publishing II and de-
clarlng II as part of the positive law.
1t is the unwritten law of the sea
that captain must go down with his
ship Men dare not write It into the
contract, and nations dare not incor-
porate It In their navy or marine regu
| lations, yet the tyrants of the sea know
the law and believe that TO obey 1t
betters their service. and there ard
few instances Of its being disregardcd.
II is the unwritten law of the army
and navy that an officer shall not seek
cover, or ut least shall not show APP
prchension OF danger to his person in
time Of battle and in the presence of
enlisted men or common sailors. In
the Franco Prussian war nearly 1000
officers of the German army were
killed, and the great majority Of them
gave up their lives because they be-
lieved In this law OF conduct.
In obedience TO this law Farragut
bound himself 10 the mast, Lee rode
at the head of his charging column at
the bloody angle, and Lawton walked
coolly In front Of the line and was
shot in the presence of his men.
The law of the right OF revolution
has been much talked about and much
written about. Every intelligent citi-
zen believes that he has the right I'M
der certain conditions TO oppose the es-
tablished government of his own land
and Join in an effort to establish an
other in its place. Just prior to and
during the war between the states
there was much discussion In this
country by learned men on either side
of the right Of revolution and the
higher power" and the greater law"
The law justfylng one person in the
killing OF another has required the
serious consideration of every country.
Every criminal code provides certain
punishmeLts for homicide, and many
Of them graduate the punishment with
minute PARTICULARLY, according to the
circumstances of the killing, 30 that
any one of six crimes may be involved
In single tragedy. Such codes also
attempt to define what killing is justi
fable and what is excusabe and Will
their Interpretation by the courts at
tempts to describe the only conditions
under which one human being can kill
another and not be guilty of crime.
The Hebrew code almost stands
alone In It's recognition of mans desire
TO kill aud his right 10 have that de
sire and that climax Of all satisfactions
which come TO him who under great
nroyUcauon Stays another. II is not M
al strange that Ia this branch there
should be un extended code Of unwrit
tea us written law, umwritten now and
always to he unwritten for the reason
that the recognition given by It's EN-
bodlment In the statutes would be talk
rn as Il license by dishonest men aud
would result In harm rather than good
II Is an unwritien law among the
officers Of the army HAT If u suburdi
nate officer Kills superior officer be
cause that officer has publicly degraded
him hY striking him or by other action
equally humlliatlns then the court mar
iial will not convict. During the wal
between the states on II memorable o.,
casion ut Louisville. ny, General Mel
son said to General Davis
How many men have YOU
General Davis replied. "About"-Giv
ing an approximate number.
Nelson said: You an army officer
and say about! Why don't you
know how many men you haveT
And with that he struck Davis in the
face with his glove. Davis shot and
killed him. and the court martial &C
quilted Davis