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The Green Bag.

it may be done. But the general inference of all society is, that any act which in its nature is against the harmony and progress of the society, is restricted, if not directly, then inferentially. The aim of every re striction upon natural liberty is, as stated, to create and maintain peace to the members of the society, to the end that all citizens may know wherein they are deprived of their natural liberty for the good of the so ciety. Statutes and codes are passed, and customs which have long existed have been placed together in certain books, which are acknowledged to contain the restrictions which shall be maintained. Not that the principles in books are forever good law, but they are supposed to be the restrictions to be followed in that society, in order that such society may live in peace. Every na tion, as stated, has its statute laws, by which is meant laws indicating wherein the citizens of the nation or state shall restrict them selves. Every city enacts ordinances which embody the restrictions imposed upon the citizens. In the United States there is first the Con stitution, which indicates certain fundamental acts which shall be restricted. Freedom of speech shall not be sup pressed; i. e., No man shall suppress free dom of speech; No man shall suppress freedom of press; No man shall suppress freedom of petition; No man shall suppress freedom of religion; No man shall disturb freedom of person; No man shall disturb freedom of property; No man shall impris on another; No man shall be placed in slav ery; No man shall be denied the right to vote. These are some of the fundamental re strictions imposed by the agreement of the people as indicated in the Constitution, which is the article of agreement between the people of the nation. The national Constitution further estab lishes a system of government. This is a restriction upon the natural liberty of every

man to govern himself as he may desire, for the Constitution inferentially declares," Thou shalt not carry on government in any other way." This law is on its face merely direc tive, but at bottom it is purely restrictive, since it restricts government to the system outlined in the Constitution. The National Constitution does not go into details of re striction, this is left to the State govern ments, which pass such laws as are neces sary to restrict men in all their relations. The individual States restrict the actions of citizens in every detail of their life. The city government restricts the liberties of those within its borders so far as necessary for the harmony and prosperity of the city and no further. State law is an agreement between citizens of the State; city law an agreement between citizens of the individual cities. In addition to these express statutes of nation, state and city there are certain re strictions called common law. They com pose such restrictions as have become law by custom, because they have been found by long usage to further the peace and prosperity of the nation. Thus all these so-called laws are nothing more than restrictions upon the natural lib erties of men to do as they desire when not associated in a nation, and this leads to the question " What is good law? " And fol lowing that, How can bad law be tested and discovered? From what has been stated, we may assert that good law is such a re striction upon the natural liberty of the members of a society or nation as is neces sary to create and perpetuate harmony in the conduct of such society or nation, or such a restriction as is expedient in order to increase the prosperity of the society or nation. Good laws may then do one of two things : ist. Restrict acts which would mar the peace of the individuals of a nation. 2nd. Restrict action for the purpose of improving and advancing the condition of