Daily capital journal. (Salem, Oregon) 1903-1919, 1915-12-03
IGNORANCE OF THE LAW

1t is legal maxim that Ignorance of the law excuses
no man."
This sounds as wise as it trite In practice however
it does not pan out worth cent If it were true, man
would have occasion to patronze lawyer and to per-
haps wish later he had patronzed other because he
found the engaged on his business did not understand
some things in the law
This is not said in disparagement Of the lawyers or
any of them but for the that lawyer under
stands the laws a small fraction of them. The
same might be said of the judges. One of these latter
once quoted the above maxim to attorney who was
arguing to the jury that his client did not know ne was
violating the law in the act that brought him before the
court eyes, your HONOR said the attorney, every man
is supposed to know the law The most ignorant aborer
the DOCKS the foreigner not yet acquainted with our
language the most terate negro in fact everybody isl
supposed to understand the law except your honor and
your fellow circuit judges for whom the legislature has
wisely provided supreme court to correct your
mistakes"
There are now on the statute books of the United
States and the states thousands and then thousands
of laws Congress is in session most of the time grinding
out more and every winter at the most every other
one the legislatures of the four dozen states in
sion from two to four months making more and still more
laws and unfortunately in spite of the maxim aforesaid
without any understanding of those already the books
On top of this every city has council busy two
nights week grinding out laws 1t is estimated that
there from all these sources about 10000 laws brought
forth each year.
Ignorance of these excuses no man." says the law;I
and yet no man could possibly read the whole lot working
eight hours day. let alone understanding or remember
ing them.
Here in Oregon we have some laws, and are rapidly
accumuating more.
In 1882 the codfed laws Deady's, filled volume three
inches thick In 1885 Hills code placed the library
shelves occupying five and half inches thereof In 1901
Bellnger Cotton again coded the laws of the state
and keeping them down to close margin managed to get
them into six and half inch shelf space. In 1909 Lords
code compiled and this filled ten inches Of shelving.
Since that the laws of 1913 and Is have been added
and with them it now takes one foot three and half
inches to hold the laws of the state
AS another example, the Portland book of ordinances
printed in small type fills than 1000 pages. Every
is supposed by the law to understand all of these if
he lives in Portland at least otherwise he is liable to
punishment for violating them
1t would seem the part Of wisdom to- say every twenty
years. repeal the whole business and start out with the
Ten Commandments alone until the legislatures met and
pointed out wherein they needed adding to taking
from This would do away with some lawyer accidentally
running across old law long since forgotten ig
nored because times and conditions have changed and
there is longer any occasion for it, and stirring up
trouble and incidentally, business for himself
Again: every man is supposed to understand the law
yet even with our supreme court all gentlemen who have
spent their lives in the study of the law and in decpher
ing its ntrcaces the rule does not seem to hold good
for questions they will be divided three holding
way and four the other Necessarily some of them
are wrong How then can poor devil of tyro be held
responsible for ignorance Of the law?
If ignorance of the law excuses no man where does
the legislator stand who undertakes to make new laws
without knowing anything about what laws he is repeal
ing or making doubtful?