[680] _Ib._ p. 23. [681] _Ib._ p. 59. [The wording of this clause is so thoroughly Eltzbacher's own that his quotation-marks appear unjustifiable; but the doctrine is Tucker's.] [682] _Ib._ p. 81. [683] _Ib._ p. 80. [684] _Ib._ p. 167. [685] Tucker p. 23. [686] _Ib._ pp. 60, 52, 158, 104, 167. [687] _Ib._ p. 25. [688] _Ib._ p. 60. [But see below, page 200, where Tucker's page 60 is quoted _verbatim_.] [689] _Ib._ p. 312. [690] _Ib._ p. 312. [Tucker is not likely to think that he is fairly represented without a fuller quotation: "not only the facts, but the law, the justice of the law, its applicability to the given circumstances, and the penalty or damage to be inflicted because of its infraction." He would emphasize "the justice of the law"--a juryman will disregard a law that he disapproves. Tucker here prefixes "All rules and laws will be little more than suggestions for the guidance of juries." Nevertheless the juryman is to be guided by norm and not by caprice: see "Liberty" Sept. 7, 1895, where he says: "I am asked by a correspondent if I would 'passively see a woman throw her baby into the fire as a man throws his newspaper'. It is highly probable that I would interfere in such a case. But it is as probable, and perhaps more so, that I would personally interfere to prevent the owner of a masterpiece by Titian from applying the torch to the canvas. My interference in the former case no more invalidates the mother's property right in her child than my interference in the latter case would invalidate the property right of the owner of the painting. If I interfere in either case, I am an invader, acting in obedience to my injured feelings. As such I deserve to be punished. I consider that it would be the duty of a policeman in the service of the defence association to arrest me for assault. On my arraignment I should plead guilty, and it would be the duty of the jury to impose a penalty on me. I might ask for a light sentence on the strength of the extenuating circumstances, and I believe that my prayer would be heeded. But, if such invasions as mine were persisted in, it would become the duty of the jury to impose penalties sufficiently severe to put a stop to them."] [691] Tucker p. 312. [692] _Ib._ p. 52. [693] _Ib._ pp. 156-7. [Compare the exact words of this passage as quoted on page 200 below.] [694] _Ib._ p. 131. [Not _verbatim_.] [695] _Ib._ p. 60. [696] _Ib._ p. 61. [697] Tucker p. 52. [698] _Ib._ p. 24. [699] _Ib._ pp. 146, 350. [700] _Ib._ p. 48. [701] _Ib._ p. 48. [702] _Ib._ p. 158. [703] _Ib._ p. 51. [704] _Ib._ p. 158. [705] Tucker pp. 157-8. [706] _Ib._ p. 25. [707] _Ib._ p. 22. [708] _Ib._ p. 23. [709] _Ib._ p. 23. [710] Tucker p. 22. [711] _Ib._ p. 23. [712] _Ib._ p. 169. [713] _Ib._ p. 115. [The words are Lucien V. Pinney's, but Tucker quotes them approvingly.] [714] _Ib._ pp. 426-7. [715] _Ib._ p. 57. [716] _Ib._ p. 25. [717] Tucker pp. 25-6. [718] _Ib._ p. 57. [719] _Ib._ p. 26.