By Advice of Counsel Part 31

"Thou hast spoken!" agreed Mr. Tutt. "And another reason is that the criminal law was not originally devised for the purpose of eradicating sin--which, after all, is the state into which it is said man was born--but was only intended to prevent certain kinds of physical violence and lawlessness--murder, highway robbery, a.s.sault, and so on.

The church was supposed to take care of sin, and there was an elaborate system of ecclesiastical courts. In point of fact, though there is a great deal of misconception on the subject, the criminal law does not deal with sin as sin at all, or even with wrongs merely as wrongs. It has a precise and limited purpose--namely, to prevent certain kinds of acts and to compel the performance of other acts.

"The state relies on the good taste and sense of decency, duty and justice of the individual citizen to keep him in order most of the time.

It doesn't, or anyhow it shouldn't, attempt to deal with trifling peccadillos; it generally couldn't. It merely says that if a man's conscience and idea of fair play aren't enough to make him behave himself, why, then, when he gets too obstreperous we'll lock him up. And different generations have had entirely different ideas about what was too obstreperous to be overlooked. In the early days the law only punished bloodshed and violence. Later on, its scope was increased, until thousands of acts and omissions are now made criminal by statute.

But that explains why the fact that something is a sin doesn't necessarily mean that it is a crime. The law is artificial and not founded on any general attempt to prohibit what is unethical, but simply to prevent what is immediately dangerous to life, limb and property."

"Which, after all, is a good thing--for it leaves us free to do as we choose so long as we don't harm anybody else," said Miss Wiggin.

"Yet," her employer continued, "unfortunately--or perhaps fortunately from our professional point of view--our lawmakers from time to time get rather hysterical and pa.s.s such a multiplicity of statutes that n.o.body knows whether he is committing crime or not."

"In this enlightened state," interposed Tutt, "it's a crime to advertise as a divorce lawyer; to attach a corpse for payment of debt; to board a train while it is in motion; to plant oysters without permission; or without authority wear the badge of the Patrons of Husbandry."

"Really, one would have to be a student to avoid becoming a criminal,"

commented Miss Wiggin.

Mr. Tutt rose and, looking along one of the shelves, took down a volume which he opened at a point marked by a burned match thrust between the leaves.

"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!" e.j.a.c.u.l.a.t.ed 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 a.s.sumed 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 diminis.h.i.+ng 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 wars.h.i.+p, for instance."

"What's that got to do with crime?"

"Why, the more statutes you pa.s.s 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 a.n.a.logy," observed Mr. Tutt. "It might well repay study."

"Miss Wiggin has no corner on a.n.a.logies," chirped Tutt. "Pa.s.sing 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."

"I've got another idea," continued Tutt airily, "and that is that crime is a good thing. Not because it means progress or any bunk like that, but because unless you had a certain amount of crime, and also criminal lawyers to attack the law, the state would never find out the weaknesses in its statutes. Therefore the more crime there is the more the protective power of the state is built up, just as the fever engendered by vaccine renders the human body immune from smallpox! Eh, what?"

"I never heard such nonsense!" exclaimed Miss Wiggin. "Do let me give you some more tea! Eh, what?"

But at that moment Willie announced that Mr. Rutherford Wells was calling to see Mr. Tutt and tea was hastily adjourned. Half an hour later the old lawyer rang for Bonnie Doon.

"Bonnie," he said, "one of our clients has been complained against by her next-door neighbor, a got-rich-quick lady, for obstructing the street with her motor. It's obviously a case of social envy, hatred and malice. Just take a run up there in the morning, give Mrs. Pierpont Pumpelly and her premises the once-over and let me know of any violations you happen to observe. I don't care how technical they are, either."

"All right, Mr. Tutt," answered Bonnie. "I get you. Isn't there a new ordinance governing the filling of garbage cans?"

"I think there is," nodded Mr. Tutt. "And meantime I think I'll drop over and see Judge O'Hare."

"I'll settle her hash for her, the hussy!" declared Mrs. Pumpelly to her husband at dinner the following evening. "I'll teach her to insult decent people and violate the law. Just because her husband belongs to a swell club she thinks she can do as she likes! But I'll show her! Wait till I get her in court to-morrow!"

"Well, of course, Edna, I'll stand back of you and all that," Pierpont a.s.sured her. "No, thank you, Simmons, I don't wish any more 'voly vong.'

But I'd hate to see you get all messed up in a police court!"

"Me--messed up!" she exclaimed haughtily. "I guess I can take care of myself most anywheres--good and plenty!"

"Of course you can, dearie!" he protested in a soothing tone. "But these shyster lawyers who hang around those places--you 'member Jim O'Leary out home to Athens? Well, they don't know a lady when they see one, and they wouldn't care if they did; and they'll try and pry into your past life--"

"I haven't got any past life, and you know it too, Pierpont Pumpelly!"

she retorted hotly. "I'm a respectable, law-abidin' woman, I am. I never broke a law in all my days--"

"Excuse me, madam," interposed Simmons, with whom the second footman had just held a whispered conference behind the screen, "but James informs me that there is a police hofficer awaiting to see you in the front 'all."

"To see me?" e.j.a.c.u.l.a.t.ed Mrs. Pumpelly.

"Yes, madam."

"I suppose it's about to-morrow. Tell him to call round about nine o'clock in the morning."

"'E says 'e must see you to-night, ma'am," annotated James excitedly.

"And 'e acted most hobnoxious to me!"

"Oh, he acted obnoxious, did he?" remarked Mrs. Pumpelly airily. "What was he obnoxious about?"

"'E 'as a paper 'e says 'e wants to serve on you personal," answered James in agitation. "'E says if you will hallow 'm to step into the dining-room 'e won't take a minute."

"Perhaps we'd better let him come in," mildly suggested Pierpont. "It's always best to keep on good terms with the police."

"But I haven't broken any law," repeated Mrs. Pumpelly blankly.

"Maybe you have without knowin' it," commented her husband.