Worcester Democrat and the ledger-enterprise., 1926-01-09
LAW WITHOUT CONSENT IS DEAD"

LAW WITHOUT CONSENT is DEAD"
Under the above caption Chester Crowe contributes an
rce to Golfers of January 9 which, while features TO
extent prohibition law yet strikes at the vital ques
ION of general observance of law.
In the matter the underlying principle Of all laws Mr.
rowe gives expression opinion which more than once
voiced in our own columns that the basis OF all law
he protection of ones e liberty and happiness He phrases
hus he genesis criminal law harm inflicted upon Others
It is true that those avong the Vosea law seek to connect
ntocants with all Of dangers to social he liberty ana
appness but their arguments apply equally to 9TH
existing evils which not prohibited by national legaton
he difference being that the moral side OF other evils Is not
tressed so strongly revolver hands of people,
M do much damage than pint OF alcoholic drink Inc
eyolver lin ITSELF immoral but the sight of liquor
o thousands an .abomnation.
Mr. Crowen warns against national pessimis and well
he state the case of law violation well law observance
hat we quote his article in full:
"For conversational and journalistic usage we have
recently established truism in this country 1t is
that respect for law is breaking down. Not for year
have hard anyone contest that assertion But do not
believe it. Not at ALL Listen! .3s
It has always been the custom in democracies and
republics for those who appeal to the public to If
my proposal fails the nation fails with it.. AS rule
one side faied-and the nation survived the ISSUE But
nation that honestly believes it's respect for itself
gong the dogs is in danger Now let's look at the
facts and see there anything warrant this fad Of
pessmsm.
We have one relatively law which, everyone ad-
ts difficult to enforce Those who passionatey de-
mand enforcement say the nation trembles if enforce
nent fails Those who demand, with equal passion that
the modified declare this is necessary because the
nation trebes Both parties to the controversy unite
in propaganda of pessimsn1. a
Let's forget prohibition for moment and consider
this prophecy of gloom Suppose the law fails Every
nation of which have record has nuied some OF
it's laws. Suppose the law succeeds. Nations con-
stanty readusting their diet It is demonstrated fact
that people can live without alcohol do not believe
that either the success failure of prohibition will wreck
the country
The obstacle confronting enforcement of the prohi
bition law is not moral breakdown-we haven't suf-
any such disaster The obstacle inherent in the
law itself We pass great many laws that are aimed to
good rather than punish what ninety cent of
would agree upon crime Consequently and inevitably
we nuify laws than any other country. This is
national characteristic. We nulifed the fugitive
slave law which required the return of what then
legal property Notification of property rights by popu
lar consent is going pretty far but we survived.
Lack of morals is not what deters you from yelling
Police every time you catch John Doe taking drink.
The real explanation that John hasn't inflicted direct
positive harm upon you. The genesis of criminal law is
harm inflicted upon others. Even if falls into the
ditch drunk it not certain that he has damaged
anyone but himself Traditions centuries older than the
Volstead Act accord him that right But if you see
someone setting fire to house shooting at another
person you instinctvely intervene If the law didn't
punish murder mobs would likewise with theft,
and many other crimes. In the last analysis laws
forced by the people rather than by policemen.
Here we have new sort of law inventng new sort
of that nearly half of do not believe is crime.
But all these dssenters violating the law? Not by
long shot Millions upon millions of them obeyng it.
AS people passionatey idealistic and very
often attempt to achieve purposes by passing laws.
The amazing thing every student of government is
that many of people will then sporting
attitude and say: Well they won; let's give em
chance.