Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1925-08-21
THE
HIGHER
LAW
By CLARENCE R. NAFF
10 BY short story Pub. Coz

~ HE long, black steamer poked
her prov warily through the
Il gray fog, as she rounded Tilla-
nook head and swung SOUTH
ward. The west coast evening chill
had already sent nearly the last
shrouded, shivering passenger from
the decks On the forward main deck
remained only two men, each clad In a
long macintosh and steamer cap,
leaning on the rail, gazing downward
at the foaming crest that hung and
Kissed across the bow Beneath the
visor Of one mans cap the light Of a
cigar frightened internationally. Pres
emily the other man fumbled inside his
coat.
Have you a match, slrf" he asked
the other.
The man addressed took a silver
match safe from his pocket and held
II open toward the speaker.
Thank YOU" The flaming match
shot down into the foam, and another
glow cleaned and darkened steadily
In the gloomy twilight.
Pardon me again." the man who
had spoken first broke the silence.
"Are you acquainted in 'Friscor'
"Yes." replied the other. shat is
my home"
Perhaps you know something about
the courts there2"
Eyes, have practiced law there
twelve years."
Indeed Then I'll explain my In
trusion. I have case coming up on
demurrer on the tenth, In one Of the
superior courts, which will be my first
appearance in the California courts"
"You are from PortlandT
Eyes, have Offices there. l was
drawn into this case at the eleventh
hour; but hope to clean 1t up soon.
Do you know, on principle, hate to
demur, unless the suit seems unjust or
frivolous"
"Oh, l don't know. Ones clients are
entitled to their technical rights as
well as their actual rights. I have a
case we have been fighting on motions
for a year. told the other attorneys
one day that 1 would do this much for
them: If they got judgment 1t would
be a sound one"
do you remember" asked the Port
land attorney, "the case the juniors
In law school used to discuss2 Two
men were shipwrecked and cast adrift
upon a small raft sufficient to support
only one Of them. After struggling
for a while, 1t became evident that
onrI6 hnN
be lost. Finally one deliberately struck
the other from the raft, and thus
saved his own life. Under common
law, what was the degree Of homi.
cideT
That's new one to me-" said the
San Francisco attorney-T guess be-
cause | studied law In an office. What
is the answer"
well, II was a moot question I
am not sure In my own opinion yet.
What do you think2"
"Why, 1t seems plainly excusable
homicide"
How sof He was not advancing
justice or preventing crime"
"Self-defense."
lie was not ATTACKED.
1.-THE right of self-defense is founded
upon necessity, which certainly exist
ed In this case, and was not brought
about by the defendant"
us not the slayer bound to deslst
when his victim Is helplessT
But he was not harmless He was
still menace"
mot Intentionally or crimlnally"
II don't think that governs In such
a case"
"The right of self-defense does not
include the right Of attack"
ut was not criminal attack; he
was doing lawful act"
$50 was the other man. And no
man has a right above another to kill
where both stand equal"
rs Il not fundamental principle
OF law that man may protect his life
at all events?"
''The principle applies only where
he is placed at disadvantage by an
others malice or mlsdolng."
You are wrong, my friend, you are
wrong. Amy man-any being, may
protect his life. All law, all life Is
based upon that principle"
81 think you are wrong; think that
man was guilty Of murder"
Murder? Great Cd, man"
yes, murder. II a man, even a
man starving on the desert, were to
meet another with food, and should
kill him and take his food away, you
would say he was guilty Of murder,
would you not"
yes. Under the law the food be-
longs to its owner, and no one has a
right to take 1t away. II would be
felony to do so, and killing while com
hitting another felony Is murder"
Doesn't mans life belong to hlm2
How can you take 1t away lawfully,
unless he has forfeited his right by
his own actf"
"A mans right to live Is above all.
II is the law of nature-self-preserva-
tion--the highest law"
The two men stood some time in ST.
lence, leaning against the rail, listen
ing to the swish, swash, swish on the
bow below.
At last the Portland attorney spoke.
Perhaps you are right"
The San Francisco attorney leaped
from his berth, half choked by the
thick smoke that filled his stateroOm.