Prejudices, fourth seriesMencken, H. L. (Henry Louis)
History
Prejudices, fourth series
Mencken, H. L. (Henry Louis)
American essays -- 20th century; American literature -- History and criticism; Literature -- History and criticism
I describe a Golden Age, now lamentably closed. The Uplift in its
various lovely forms has completely changed the character of the work
done by a Federal judge. Once the dispenser of varieties of law that
only scoundrels questioned, he is now the harassed and ludicrous
dispenser of varieties of law that only idiots approve. It was the
Espionage Act, I suppose, that brought him to this new and dreadful
office, but it is Prohibition--whether of wine-bibbing, of drug-taking,
of interstate week-ending, or of what not--that has carried him beyond
the bounds of what, to most normal men, is common decency. His typical
job today, as a majority of the plain people see it, especially in the
big cities, is simply to punish men who have refused or been unable to
pay the bribes demanded by Prohibition enforcement officers. In other
words, he is now chiefly apprehended by the public, not as a scourge
of rascals, but as an agent of rascals and a scourge of peaceable
men. He gets a great deal more publicity than he used to get in his
palmy days, but it is publicity of a sort that rapidly undermines his
dignity. Unfortunately for him, but perhaps very fortunately for what
remains of civilized government among us, the plain people have never
been able to grasp the difference between law and justice. To them the
two things are one--or ought to be. So the fact that the judge is bound
by law to enforce all the intolerable provisions of the Volstead Act,
including even its implicit provision that men wearing its badges shall
get a fair percentage upon every transaction in bootlegging--this fact
does not relieve the judge himself of responsibility for the ensuing
injustice. All that the vulgar observe is that justice has departed
from his courtroom. Once the equal of an archbishop, he is now the
equal of a police captain; once respected, he is now distrusted and
disliked.
Public-domain text, read in full here on John Shaqi.
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