Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-15

one familiar with the history of the suhioo. :,
shocked at the brutality of the old EnSid IS
renal Law, which had over two hundred oasa
tal ielonles. The list grew to that excessio
NUMBER gradually but continuously by succos
1t was made felony without the benefit ~ tLS
sive statutes. VI Vne
No trade or calling seems so limited No .,
clety or association SO Insignificant, the advo
Yates or no hobby or nostrum so few or A.
wanting In influence as to be denied the nriII
lege Of having a new misdemeanor cre 49,
For years feeding sheltering sparrows co
stituted a crime in this State, punishable b
Imprisonment not to exceed a year or fine ny
IN excess OF 5000, or both. That law no longer
dlsgraces our statute books But even tod,
we find notices in the street cars that anv ono
splitting on the floor is subject to the punieb
ment l have mentioned. Splitting in public
places is doubtless dirty habit and endanpars
the health of others. 1t may we'll be punished
by proper penalties, but 1t seems unreasonahIo
that an offender should for such an offensa bo
liable to years Imprisonment and fine of
5000, the latter If not paid, to be served ont
at the rate of dollar day. The fact that M
court would impose such penalty only en-
phasizes the improperly of the law But that
is the standard punishment for misdemeanors
and misdemeanors have become so common
that there is now speculation among the curl.
GUS as to how many the average decent citizen
will ordinarily commit in day
l have not in these remarks considered lave
which prohibit the sale of intoxicating never
ages, because that subject has been discussed
for years and all are familiar with the ar
guments on each side of the question, to which
/ cannot hope to add anything of force shall
merely say that great are the evils caused
by the improper or excessive use Of stmu
lants, people who take wine or liquor In moder.
alton, without injury, at least, to Others can.
not be expected to surrender their right so to
do. At any rate, they will not, despite any laws
to the contrary that may be made The his.
1np1alqttOO In fho OF 1n,bo,
has been enacted shows that it has failed to
accomplish its object. The result is that law
habitually disregarded breeds contempt for law
have now recited a number of cases in
which, in my judgment clear violations of per-
sonal liberty have been either accomplished or
attempted. Many others might be given and
possibly those which have narrated may not
be the most fragrant. But they are fair ex.
amples OF the tendency Of the times must
not be misunderstood l do not criticise the
laws for safeguarding the persons OF opera.
tives In the various callings nor for the protec.
ton Of the health, whether Of the working
classes or of others. 1t is also apparent that
the present concentration of numbers Of peo-
pie in single city, to an extent unknown and
unexpected half a century ago, requires police
regulations or restrictions Of individual rights
that would have been unjustifiable at an earlier
period.
When we have twelve-story buildings
with only onestory streets it is plain that mere
NUMBERS WouIu prevent all lOcomOuOn on the
streets unless locomotion was strictly regu.
lated. Density OF population doubtless requires
regulation OF private rights in other re-
spects. OF all these I approve, but protest
against two tendencies of the times First to
disregard as legal technicalities, on the plea Of
necessity. the constitutional safeguards for the
security and the protection of the individual
to restrict the liberty of action of the indi
vidual when the effect of such action is
fined to himself except in the sense so often
urged that the community is interested in
whatever concerns the individual, in which
there is no force, as the community Is simply
the aggregation of individuals.