The Alaska daily empire., 1915-03-19

loo accomplished. tho general policy
 and history of tho people, ail Che bar. mony og the Inv, and the common sense Of our ancestors and Of our. selves. There are many constitutions and statutes and ordinances which
 taken literally lead to glaring absurd ides. but whlch( whom read in the light Of tho spirit, ore radiant with
 Justice and benevolence and common sense
 Such an ordinance Is this. Read ing lhe spirit and not the letter there
 is no difficulty The indigent bat un, employed honest man has nothing to fear from it--It is not aimed in his direction. it never was aimed in his direction-It win not hit him except by inadvertence-It is true that under it mistakes may sometimes be made and the innocent suffer But when was this otherwise2 At what stage of the worlds history was it that hu- man institutions become infallible.- In what decade can 1t be said that mistakes are not made? And he who would devise scheme by which che innocent wil NEVER suffer for the sins oi others deserves and will re- ceive % monument more lasting than brass md higher than Che royal alti- tude of the pyramids. Many an in- uocent man has been hanged for a murder which he never committed Shall we. on that account abandon an prosecutions for murder. Many man has been sent to prison for another mans crime-shall we. on that ac- count. abolish all the iails?
 'Tt is true that under the strict letter Of this ordinance an honest worklngman may sometimes suffer but shall We on that account. give over the city to pimps. macques, har. pies. loaiers, petty thieves and leer- lng mashers?
 'Il the ordinance is read according to the strict letter such an aiterna' ciyo might arise. but if it be read according to its spirit no such diem ma confronts us. Read according to- its spirit, the honest man Is as safe as he ordinarily IS under our neces- sarily deelctive institution, and 1t Is only the parasite and the degener ate who needs slink out of sight at the approach of officers of the law. Such men. when apprehended. are al- ways the first to Invoke those prin- ciples of law and liberty which they habitually despise and disregard. Such is the homage which vice pays to virtue
 "All good citizens must take their chance. They have Co take them as to ali other prosecutions. Each is liable to be arersted on any charge and to be tried before jury. to as- certain whether or not he has com mltted the crime with which he is and sometimes. no doubt, worthy citizen will be uniustIy arrest. ] ed or convicted under this ordinance, i but the ordinance IS not alone on that account held to be void.
 "An ordinance may be too compre- hensige in It's provisions and cover cases which the city has no power to control. but that is no reason why ! courts should refuse to enforce 1t In cases over which the jurisdiction of the local corporation .s unquestioned.
 "An ordinance operating unreason- ably and oppressively in particular cases only, may be enforced except ! In such cases.
 An ordinance that may operate ! reasonable in some instances and un- in others is not wholly void and will not be set aside in toto.
 "The Court therefore holds that the ordinance is not void.'