"Law is law, my dear," he gently explained to her, "until it is changed;
certainly. But it is not always good sense. Take our waterways
hereabouts! They are every one governed by the same old law of riparian
rights which we took from England, whose waterways are no more like
those in this country than threads are like ropes. And, moreover,
England's law was construed long before the dream of artificial power,
having to do merely with streams adapted to navigation. Who cared then
for a falls or rapids? Who would have been mad enough to think of
bridled electricity? So today, these falls and rapids, which are quite
out of the question for navigable purposes, but possess as great a value
in other respects to the people at large, are entirely demoralized
through the application of an antiquated law framed to deal with streams
of a totally different character. Don't you see, my dear, how fallible
may be the thing called law if it runs counter to public good? And does
it not show you that every common law must be--in order to be
sensible--a consensus of public consent? Therefore, do I maintain that
the mountaineers of our proud State, who in common consent prosecute
their own feuds in their own domain, are within the common law of that
domain. Some day, when Brent's and other railroads have poured into them
a different civilization, their environment will be changed;--there will
arise amongst them a giant to turn things upside down--as Jeremy Bentham
threw defiance to the law of diodens."
The Colonel now, having distorted a little knowledge into a great flow
of verbal pyrotechnics which hopelessly confused and downed Miss Liz,
turned back to Nancy with a satisfied smile.
"Wasn't diodens a sort of old law that confiscated anything which
destroyed life?" Brent, in an undertone, asked Jane.
It seemed a safe enough subject, and she nodded: "I think so."
"I was just wondering," he whispered, "that if this law prevailed now,
which would the State confiscate--your eyes, your mouth, the tip of your
chin, your--"
"If thoughts kill," she frowned, "my mind would be seized. I've murdered
you several times with that."
"You've murdered me several times with everything about you! I wish I
were the State!"
"State of Idiocy? Why carry coals to Newcastle?"
"To heap on your head," he laughed, "and scorch your uncharitable soul!"
"My poor lost soul," she murmured.
"Then take notice that, if finders are keepers, I'm heading a search
party."
She looked gaily up at him, for it was hard to remember that she was
angry; but quickly her face sobered.
"I forgot, and I must not forget, that you've mortally offended me."
Public-domain text, read in full here on John Shaqi.
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