The Nezperce herald. (Nezperce, Idaho) 1900-1957, 1911-04-27
UNWRITTEN LAWS
Man Dare Not Place Them Upon
the Statute Books.
THE SHIP CAPTAINS CODE.

Il Demands That the skipper Shall GO
Down With His Weasel u She Be-
Lost. and Il is Held eaersd-Ths
Iron Law q the Army and Navy.
There 4 a class OF unwritten law
which does not and cannot become
written law. says Case aud Comment.
because Il approaches 50 near the dan
ger line that man dare not recognise Il
20 the extent % publishing Il and de-
elaring Il a. a part OF the positive law.
Il Is the unwFitfen law Of the eea
that q captain must 80 down with bis
ship. Men dare not write 4 into the
contract. and nations dare not ineor.
porate Il IN their navy Or marine regu'
latlons. YET the tyrants o. the sea know
the law and believe that 20 obey Il
befters their service. and there are
few instances OF ~ being disregafded
Il Is the unWritten law o. the army
and navy that an oficer shall not seek
cover. Or a. least shall DOT show np-
prrhension OF danger 70 bic person 10
time % battle and 10 the presence Of
enlisted men Or common sailors. In
the Franco Prussian war nearly 1000
officers % the German army were
killed. and the great majority Of them
gave up their lives because they b.
lered 10 this law Of conduct
IN Obedience % this law FarTagut
bound himself % the mast Lee rode
"a the bead o. his charging column a
she bloody angle. and Lawton walked
eooily in front % the line and was
shot 10 the TBesenee o. his men.
The law Of the right o. revolution
has BEEN much talked about and much
written shout Every intelligent eifi-
Hen believes that he has the night IN
der certain conditions % oppose the 80
tnblished government o. bis own land
and Join 10 an effort 70 establish an
other 10 itn place. lust prior 20 and
during the war between the states
there was much discussion IA this
country b. learned men on either side
o. the right Of revolution and the
higher power and the -grealer law"
Tho law iusuying one person IN the
killing % smother has required the
serious consideration o. every country
Every criminai code provides certain
punishmeuta for homicide. and many /
% them graduate the punishment with /
minuie PARTICULARLY. sccording 10 the
q TIE Killing. 20 that
any one % sia crimes may b. Involved /
10 = single tragedy. Such codes also
attempt 70 denne what killing Il iuati.
aabie and shat h eKcusable and with |
gheir Interpretation By the courts Al.
lempta 20 describe ne only conditions
under which one human being can kiii /
another and Dot b. guilty o. crime.
The HEBREW code almost stands
iione IN 81 recognition o. mans desire
10 KIM and bis right 70 have that d.
ire and that climax o. al aatisfartions
which CONS 20 him who under great
aiayn another. II 4 not at
~ Htranec that "a this branch there
lhouid b. 90 extended code % unwrif'
en as written Law. unsritten nou and
llwaya TO b. unwritten for the reaaon
hat the recoEnitiou given b. lin en-.
'odlmont 10 the statutes would b. TAX
n a. q license By dishonest men and
sould result Ia harm rather than good
4 Il az unwritfcn law among The
Ulcers Of the army that n q subordi
ate ofacer kills a superior oficer be
aune that odicqr has publicly degraded
I'm By striking him o. By other action
quaiiy humiliating then the court mar.
ial viii not convict During the war
'etween the states on a memorable &C.
aston at Louisville. ~. General Mel.
on said TO General Davis
How many men have your
General Davis replied. "About--giv
ng an approximate number.
Nelson said; you an army oflcer
nd say 'aboutr Why don't you
NOW how many men you haver'
md With that be struck Davis IN the
nee with bis glove. Davis shot and
He'd him. and the court martial &C
uitted Davis.