Kingsbury County independent. (DeSmet, Kingsbury County, S.D.) 1894-1929, 1911-04-28
UNIV RITTEN Laws.
Traditions Which Have Almost tho
Force of Statutes.
From Case and Comment.

There is a class of unwritten law
which does not and cannot become
written law, because it approaches so
near the danger line that man dare
not recognize it TO the extent of pub
fishing it and declaring it as a part Of
the positive aw.
1t is the unwritten law of the sea
that a captain must go down with his
ship. Men dare not write ii into the
contract, and nations dare not incor-
porate il in their navy or marine regu-
l~ations, yet the tyrants of the sea know
the law, and believe that to obey it bet
ters their service, and there are few in
stances Of it's being disregarded.
1t is the unwritten law of the army
and navy that an officer shall o seek
cover. or at least shall not show appre-
hension 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 believed in this law of
conduct.
In obedience to his law Farragut
bound himself to the mast, Lee o to
the head of his charging column ar the
bloody angle, and Lawton walke cool
ly 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 n much
written about. Every intelligent citizen
believes that he has the right under
certain conditions to oppose the estab-
lished government of his own land and
Join in an effort to establish another in
it's place. Just prior to and during the
civil war 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 justifying II person in the
killing of another has required the sert-
Gus consideration of every country.
Every criminal code provides certain
p"unishments for homicide, and man. Of
them graduate the punishment with
minute particularly, according to the
circumstances OF the killing, so that any
one Of six crimes may be involved in a
single tragedy. Such codes also attempt
to define what killing is justifiable and
what is excusable and with their inter-
cratation NV the courts attempt to de-
scribe the only conditions under which
one human being "a kill another and
not be guilty Of crime.
The Hebrew code almost stands alone
in it's recognition of mans desire TO Kill
and his right to have hat desire and
tha climax of all satisfactions which
comes to him who under great proVoca-
llOH Stays dlOtliCl. II " az of
strange that in this branch there should
be an extended code of unWritten as
written law, unwritten now and always
to be unwritten for the reason that the
recognition given by its embodiment in
the statutes would be taken as license
by dishonest men and would result in
harm rather than good.
1t is an unwritten law among the off,
GERS Of the army hat if a subordinate
officer kills a superior officer because
that officer has publicly degraded him
by striking him or other action equal
ly humiliating, hen the court martial
will not convict. During the civil war.
at Louisville, KY, General Nelson said
to General Davis:
How many men have you?"
General Davis replied: About -
giving an approximate number.
Nelson said: You an army officer
and say about Why don't you know
how many men you have?' And with
tina he struck Davis in the face with
his glove. Davis shot and killed him,
and the court martial acquitted Davis.