Page:The Green Bag (1889–1914), Volume 17.pdf/432

This page needs to be proofread.

THE REIGN OF LAW public sentiment is against the law. He does not swear to support public sentiment, he does take an oath to support the law. Public sentiment is a difficult thing to get at. Law-abiding people are quiet, while the lawless are so vociferous as to deceive some as to their number. The only correct way to determine public sentiment is by the expression of the people's will through the law-making body. If an official cannot obey the mandate of the law he should re sign and give way to some one else who can. What seems public sentiment may be, and often is, the clamor of the lawless who have a selfish interest in violating law. The in difference of good citizens permitted bribery for a long time, but the public conscience was at last aroused to the necessity of stamp ing it out. This civic indifference has per mitted officials to take a solemn oath to carry out the laws on the statute books, and then deliberately to violate that oath. But the time is coming when an active public sentiment will demand that every public official keep his oath inviolate. There is no greater evil among us than the easy nullification of laws by executive offi cials who have sworn to enforce them. It is not for an executive official to say whether a law is good or bad, but to enforce it as it is. He should not ask, is it popular? or is it good politics? but is it right? In the end, if he remains steadfast, the right will win. The trouble has been that a privileged class have violated the law with impunity, and escapedits consequences. It is not hard to pur sue with all the terrors of the law, the wretch who picks a pocket or steals a loaf of bread, but it is quite another matter when the law is sought to be put against those who have millions behind them, with political influence enough to affect an entire community. When bad men get a bad man in office they support him in all the evil that he does. Bad citizens are combined; good citizens are divided — that is the chief cause of lawbreaking. If good citizens would join hands in patriotic endeavor, the lawless could not

409

control anything, for they constitute but a small proportion of the entire population. The effectiveness of law depends entirely upon how it is executed. When the pros ecuting officer is attempting to enforce the law against those of power, he may find him self besieged on every side; close political friends may plead; inducements and hopes may be held out for lessened activity; an nihilation may be threatened if he proceeds. Pursuing steadily the course that he has mapped out, with the good of the people alone in view, he may find himself hedged in at times by a wall of hostile influences; but now and then looking beyond to that great public that he is serving, a friendly glance or a kindly clasp of an outstretched hand will cheer and encourage him for further effort. He cannot expect the good opinion of those against whom he enforces the law. Their ill-will is the best evidence of his sincerity. Every pressure may be brought to bear to swerve him from his con ception of honest effort. If once he falters, his usefulness as a public servant is gone. It may be far easier for him to allow some offense to go by unnoticed, but he should rather have the approval of his conscience than the plaudits of those who would profit by his neglect of duty. He should prefer to retire to private life conscious of having done his best, than by failing to do so re ceive the encomiums of law-breakers. If he halts, he, will be applauded by those he should prosecute; if he goes ahead, he will encounter calumnies and attacks; but if he perseveres and remains steadfast, though the way may sometimes seem dark and the task hard, he will be sustained by the hearts and the consciences of the people. Corrupt men support a man for office and expect in re turn the privilege of licensed law-breaking. Officials are elected to enforce the law, and have no more right to permit lawlessness to repay personal obligations than they would have to use the public funds to pay a private debt. When all executive officials are ruled by law, no man could be above the law and