Pierre weekly free press. (Pierre, S.D.) 1889-19??, 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 is growing or not, it is sufficient cause
for alarm to know that it exists and 1t Is
Of vital Importance to inquire into its
causes, and to consider any possible rem
edies for the evil.
P~aradoxical 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. l mean statutory laws. or MAX
Ing OF these laws there seems to be no
end. A recent count made In the library
OF congress, showed that for five years,
ending December l, 1913, more than $4,000
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 volumes of
reports of the courts more than IS. 900 de-
cisions of courts of last resort.
What a mockery is that presumption
thai 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 laws of the 10 tables were models
OF c-onciseness, and the very children, we
are told, used to learn them by heart.
We are passing too many laws; too many
Ill considered, unwise. useless and foolish
laws.
We are trying to substitute the code
for character; administer morality hypo-
dermically by statute; substituting the
for the strong man, and to dc
for the individual by legislative act what
he could. should and would do much
better for himself.
To be respected, laws must be respect
able. The blue avs OF the colonies re-
pealed themselves by reason Of their fool
ishness n inherent weakness, and still
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 beer
well said that legislation should not keer
too far In advance of public opinion.
Many persons charged with crimes es.
cape punishment because so-called goot
citizens sitting as jurors. refuse to con-
vtct when they should convict, The
laws. thus, are unenforced. To
many times corrupt jurors are selected
by corrupt officials. These so-called gooe
citizens have no respect for the law
= - i~s dllOIl5
cowardice, or corruption they free thu
criminal. It is the certainty OF pun.
ishment that deters the possible criminal
There Is apparently more respect 70,
federal laws than for state laws, anc
this Is largely traceable to the feelins
h q there is more certainty OF enforce.
ment Of the former and OF punishment
Actual results seem to justify this feel.
ing.
Good Citizen Partnership With Crime
The so-called good citizen Is ofttime.
too timid to testify. He does not want te
incur the displeasure OF the offender. H,
does not want to lose the time from hi,
business. He has nj appreciation Of tn,
duties of. citizenship. He wan the bene
u stolen he wants the whole of societ,
TO come to his aid. His conduct st.mu'
lates rather than retards crime.
In most communities, gaming, prostitu,
ton and violations OF the liquor avs arr
conceded to be pernicious AND destructive
OF the morals of the citizens. as well a.
economically wrong. Again, the nonen.
/ forcement OF these laws may be traced
in part.sto our so-called good citizens.
These crimes against society are carried
& ON clandestinely. under cover. and not Ii
the open. These criminals, as a rule, dc
not own the houses In which the unlaw.
full business is carried on. Too otter
these houses and places OF business ART
owned BY reputable church-goinl
5citixens.' Sometimes the conscience oi
such an one cries out, but the physica
man suppresses this ssmttiny in embryo
with the d~eath-dealing logic that .df hi
does not rent. Some q else Will ''tha,
IT IL bound TO go on. and taxes are 81
high and ne must have return on his In.
vesttnent.ss
ao he goes into partnership with crime
and then III ssssother good cltteens'' do no,
Want toSmske : light agA3nst . member
ef NlA hrota1efaiaod thsss ara 1xnoranl