The Tabor independent. [volume] (Tabor, S.D.) 1913-19??, 1915-07-29
BY Thomas Davidson, President Indiana
State Bar Association.

BY Thomas Davidson, President Indiana
State Bar Association.
That there is a widespread disrespect
for the law is not to be denied. Whether
1t 10 growing or not, 1t is sufficient cause
for alarm to know that 1t exists and 1t Is
Of vital Importance to inquire into Its
causes. and to consider Any possible rem
edies for the evil. ..... g.. ID
Paradoxical as It may seem, one Of
the chief causes for the loss Of respect
for the law, is to be found in the making
Of laws. j mean statutory laws. OF maxi
Ing Of these laws there seems to be no
snd. A recent count made In the library
Of congress, showed hat for ftve years,
ending December ], 1913. more thar 1900
laws had been passed by congress and
the state legislatures In this country, and
there had been reported during the same
period and published in $50 volume Of
reports OF the our more than 5 200 de-
cisions Of courts Of last resort.
What a mockery is that presumption
that every man Is presumed to know the
law. All the lawyers and all the judges
In the land, throughout time and eternity.
can hardly hope to ascend unto the top
of this mountain, to say nothing of the
wayfaring masses, though they be not
fools
Passing Too Many Laws.
The avs Of the IL tables were models
Of conciseness, and the very children, we
are told, used to learn them by heart.
We are passing too many laws; too many
III considered, uawise, useless and foolish
laws. .....
We are trying to substitute the code
for character; administer morality hypo-
dermlcally by statute; substituting the
weakling for the strong man, and to do
for the individual by legislative act what
--g.NA 2-1 wA.l1 1901
better for himself.
To be respected, laws must be aspect
able. The blue lava or the colonies re-
pealed themselves by reason Of their fool
shines and inherent weakness, and stin
some modern Puritans OF Boston are urg-
ing the passage of of a bill limiting court
ship to two years, and our own Indiana
solons In 1913 have regulated the length
OF sheets and the laundering Of pillow
cases In hotels and lodging houses. all be-
cause, no doubt, a rural member slept
over night in a cheap hotel. It has been
well said that legislation should not keep
too far in advance of public opinion.
Many persons charged with crimes es-
cape punishment because so-called good
citizens sitting as Jurors, refuse to con
Wet when they should convict. The
laws, thus, are 3 unenforced. Too
many times corrupt jurors are selected
by corrupt officials. These so-called good
citizens la no respect for the law.
Through sympathy, business relations.
cowardice, or corruption they free the
criminal. IL Is the certainty of pun
ishment that deters h possible criminal.
There. Is apparently more respect for
federal laws than for state laws, and
this is largely traceable to the feeling
that there Is more certainty OF enforce
Actual results seem to Justify this feel
ing. 70 "
"Good" Citizen Partnership With Crime,
The so-called good citizen is ofttimes
too timid to testify. He does not want to
incur the displeasure of the offender. He
does not want to lose the time from his
business. He has no appreciation Of the
duties of citizenship. He wants the bene-
fts without the burdens. But IL his purse
Is stolen he wants the whole of society
to come to his aid. His conduct stimu-
lates rather than retards crime. y
In most communities, gaming, prostitu-
ton and violations Of the liquor avs are
conceded to be pernicious and destructive
OF the morals OF the citizens, as we'll as
economically wrong. Again, the nonen-
forcement of these laws may be traced.
IN part. to our so-called good citizens.
These crimes against society are carried
on clandestinely, under cover, and not in
the open. These criminals, as a rule, do
not own the houses IN Wnlch the unlaW-
full business IL carried on. Toe often
these houses and places Of business are
owned by our 4 Reputable ch~urch-going
citizens" Sometimes the conscience OF
such an one cries out, but the physical
man suppresses this ''mutiny In embryo"
with the death-dealing logic that 'if he
does not rent. some n else will;'' that
II Is bound to go on, n taxes are so
high and he must have a return on his in
vestment." ....
30 he goes into partnership with crime,
and then the "other good citizens" do not
want to make q fight against a member
Of the brotherhood. 80 they are ignorant