The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1911-04-27
UNWRlTTEN LAWS.
Traditicns Which HaW Almost the
Force of StatLtea.

Eat4HEf4-s
From Case and Comment.
Ihere IS a class OF unwritten law
Which does not and cannot become
written law, ecause 1t approaches SO
near n danger line that man dare
not recognize it to the extent OF pub.
fishing 1t and declaring it as a part Of
the positive law.
~ IS n unwritten law OF the sea
that a captain must go dow with his
Ship Men dare not write it into the
contract, and nations dare not incor-
porate 1t in their navy or marine regu-
iatlons, yet the tyrants of the sea know
h law. and believe that to obey it bet
tiers their service, and there are few in
stances of its being disregarded.
IT is the unWritten law of the army
and navy that an officer shall not seek
cover, or at least shall not show appre-
henslon OF danger to his person. in time
or battle and In the presence of enlisted
men or common sailors. In the Franco
Prussian war nearly 1000 officers OF the
German army We're killed and the great
majority of them gave VI their lives
because they believed In this law OF
conduct.
In obedience to this law Farragut
bound himself to the mast, Lee rode to
h head of his charging column at the
bloody angle, n Lawton walked COOL
ly in front of the line and was shot in
the presence OF his men. g-s
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-
lshed government OF his own and 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"
n The law ust!fyy!asrsa C person IL :!is
killing of another has required the seri-
GUS consideration Of every country.
Every criminal code provides certain
punlshments for homicide, and many 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 Il with their inter-
Ffetation by the courts attempt to de-
scribe 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
and his right to have that desire and
that climax OF all SatiSfactiOnS which
comes to him who under great provoca-
ton Stays another. 1t is not at all
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 it's embodiment in
the statutes would be taken as license
by dishonest men and would result in
harm rather h good.
It is an uEwrtttsn law among the eN
GERS of the army that if a subordinate
officer kills a superior officer because
h a officer has publicly degraded him
by striking him or other action equal
ly humiliating, then the court martial
will not convict. During the civil war.
at Louisville, KY. General Nelson said
to General Davis:
"How many men nave your"
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
that he struck Davis in the face with
his glove. Davis shot and killed him,
and the court martial acquitted Davis.