"My old friend Joseph H. Choate," he remarked, "in his memorial of his
partner, Charles H. Southmayde, who was generally regarded as one of the
greatest lawyers of our own or any other generation, says, 'The
ever-growing list of misdemeanors, created by statute, disturbed him,
and he even employed counsel to watch for such statutes introduced into
the legislature--mantraps, as he called them--lest he might, without
knowing it, commit offenses which might involve the penalty of
imprisonment.'"
"We certainly riot in the printed word," said Miss Wiggin. "Do you know
that last year alone to interpret all those statutes and decide the
respective rights of our citizens the Supreme Court of this state wrote
five thousand eight hundred pages of opinion?"
"Good Lord!" ejaculated Tutt. "Is that really so?"
"Of course it is!" she answered.
"But who reads the stuff?" demanded the junior partner. "I don't!"
"The real lawyers," replied Miss Wiggin innocently.
"The judges who write them probably read them," declared Mr. Tutt. "And
the defeated litigants; the successful ones merely read the final
paragraphs."
"But coming back to crime for a moment," said Miss Wiggin, pouring
herself out a second cup of tea; "I had almost forgotten that the
criminal law was originally intended only to keep down violence. That
explains a lot of things. I confess to being one of those who
unconsciously assumed that the law is a sort of official Mrs. Grundy."
"Not at all! Not at all!" corrected Mr. Tutt. "The law makes no pretense
of being an arbiter of morals. Even where justice is concerned it
expects the mere sentiment of the community to be capable of dealing
with trifling offenses. The laws of etiquette and manners, devised for
'the purpose of keeping fools at a distance,' are reasonably adapted to
enforcing the dictates of good taste and to dealing with minor offenses
against our ideas of propriety."
"I wonder," hazarded Miss Wiggin thoughtfully, "if there isn't some
sociological law about crimes, like the law of diminishing returns in
physics?"
"The law of what?"
"Why, the law that the greater the force or effort applied to anything,"
she explained a little vaguely, "the greater the resistance becomes,
until the effort doesn't accomplish anything; increased speed in a
warship, for instance."
"What's that got to do with crime?"
"Why, the more statutes you pass and more new crimes you create the
harder it becomes to enforce obedience to them, until finally you can't
enforce them at all."
"That is rather a profound analogy," observed Mr. Tutt. "It might well
repay study."
"Miss Wiggin has no corner on analogies," chirped Tutt. "Passing
statutes creating new crimes is like printing paper money without
anything back of it; in the one case there isn't really any more money
than there was before and in the other there isn't really any more crime
either."
"Only it makes more business for us."
Public-domain text, read in full here on John Shaqi.
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