The labor world. [volume] (Duluth, Minn.) 1896-current, 1913-08-16
On the Enforcement sc Law il Cities
r t%%@4&#@ BY BRAND WHITIooK s##.
By BRAND WHITIIoc,K

only, while IL others the law is vio-
lated with impunity.% i
ian especially pernicious effect 10
that society becomes divided between
the friends and the foes OF repressive
laws, and the opposing parties be-
come animated with q hostility which
prevents united action for purposes
considered beneficial by both. Per-
haps the worst OF all IS that the gen
eral regard ana reverence for law are
impaired, q consequence the mischief
OF which can scarcely be estimated.
What a spectacle is thus afforded
l Of the impotence of mans conscious
effort to overrule the silent and ir-.
resistable forces of nature! He Who'll
~ fails to gain the object in view;
but objects not In view, and by no
means desired, are brought about on
the largest scale. = law and its
administration brought into public
contempt, - animosity created
between different bodies of citizens,
rendering them incapable of acting
together for confessedly good OBJ
jects!" (p. 247). ~ .,,:s,
I shall conclude the quotations
from Carriers great work by the fol-
lowing (p. 25D. II do not hesitate
to say that any legislation which
bears the characteristics Of tyranny.
as I have defined that term, is
vicious In theory and has never yet
succeeded, and never will succeed, in
gaining it's avowed end, or In having
I any other than an injurious effect,
and I venture to add that if the zeal
and labor which have been employed
by what are called the better. classes
of society in efforts to enact and en-
force laws repressive Of liberty had
been expended in kindly and SYM
pathetic efforts to change and elevate
the thoughts and desires of those
less fortunate than themselves, a
benefit would have been reaped in
the diminution of misery and crime
which compulsory laws could never
accomplish.
Moral ends can never be gained
except by moral means. All the ad-
vances in civilization and morality
Which society has thus far made are
due to the cultivation and develop
ment of those moral sympathies
which find their activity in co-opera-
ton and mutual aid.'' -:
This same theory has been set
forth, more briefly, and perhaps at a
higher range of philosophic thought
by Emerson, VINO, in the opening
paragraphs OF his essay on Politics"
says:
Republics abound in young CIV
ilians who believe that the laws make
the city, that grave notifications Of
the policy and modes Of living and
employments of the population, that
commerce, education and religion
may be voted in Or OUT and that
any measure, though it were absurd,
may be imposed on a people If only
you can get sufficient voices to make
1t law. But the wise know that
| foollsh legislation IS a rope of sand
which perishes in the twisting; that
the state must follow and not lead
the character and progress of the
I clt1zen; the strongest usurper is
quickly got rid Of; and they only
who build on Ideas, build for eter
nifty; and that form Of government
which prevails is the expression Of
what cultivation exists in the popu-
lation which permits it. The law. is
only memorandum. We are super
st1tious, and esteem the statute some
what; so much life as it has in the
character of living men is it's force"
1t is difficult to resist the temp
tation to quote at greater length, and
from other writer's on this subject.
but I must forbear. I trust, however.
that enough has been said to set
forth this theory, and therefore, I
shall pass to the practical application
of it to our present situation.
| Bearing in mind, then, the distinc-
ton between a. law and statute for
Sunday closing of saloons, is not, as
will be at once apparent, the saloon,
nor is its chief object the promotion
Of temperance. It was not conceived
in the belief that saloons are, In and
Of themselves, bad. It was not pri-
marily concerned with that problem,
for saloons were allowed on other
days of the week. It was but one OF
several statutes, one prohibiting
sporting, rioting. quarreling, hunt
ing, fishing, or shooting on Sunday
another Theatrical or dramatic per-
formances," or ANY equestrian or
circus performance Of jugglers, aero
bats, rope dancing, sparring exhibi-
! tons, living .statuary, ballooning, or
any base ball playing, or any ten
pins, or other games of similar kind
or kinds another the engagement
"in common labor" or the opening of
"any building or place for the trans
action of business" and still another
providing a punishment for any one
who shall. require any person in his
employ or under his control to en-
gage in common labor" on Sunday,
and the only activities excepted are,
according to the statute, works of
/ mercy or necessity" and, according
to the courts, intellectual labor
the latter exception, no doubt, more
likely than the former, inspired by
the lawyers. - !. J. "a. - ..:.s.s.ts
/ The basis Of all this legislation was
the contention that the Sabbath
should be observed. and its object was
to enforce the observance Of the Sab
bath, that is to enforce an observ-
ance Of the Sabbath in a certain way.