and when overlooked or mistaken, the unpopular law is inoperative. Public opinion said Burke "is the vehicle and organ of legislative power The completeness of the legislative authority of parliament over the kingdom is not questioned; and yet many things indisputably included in the abstract idea of that power, and which carry no absolute injustice in themselves, yet being contrary to the opinions and feelings of the people, can as little be exercised as if parliament in that case had possessed no power at all.” This compulsion to express only the general sense of the community has in the past much stayed the hand of legislation from interference with unwritten law. But the fear is that the tumult of great classes and interests crying for change may mislead, or be mistaken for, the general sentiment. While these classes and interests stand for many persons, yet these may be only a small fraction of the whole people. But they are perhaps so united, organized and disciplined and so distributed in the community that, to the legislative ear, they may successfully mimic the general voice. The majority not perceiving the real nature and effect of the measure are languid and indifferent. Their interest must be engaged and excited to such expression as will convince legislators that the noise of the minority is not the popular will. We have in this country a great body of thoughtful and conservative citizens who, coming from all parties and classes, unite against proposed public action that seems altogether unjust or against fundamental right, honor or safety. Without these men the permanence of civil liberty under general suffrage would be extremely dubious. They have more than once averted unwise action and will do so as often as they are convinced that real danger and injustice are involved in the issue. If, for example, they well realize that the grounds for injunction in strike cases are those on which the remedy always rests and must stand if any rights of theirs need protection; that the remedy denied in one class of cases, their turn may come next or some time; that the example of such discrimination tends to make all rights the sport of such laws; that such specialization continued must at length end all equality of right they will stoutly favor non-interference. The way to check such legislation is to keep the feeling that has heretofore repressed it from fading out; to revive and re-inforce the sentiment; to keep such interference unpopular. Lawyers mostly belong to this conservative body of citizens. Their influence in our government is thus described by De Tocqueville. It "is the most powerful existing security against the excesses of democracy. Men who have made special study of law derive from the occupation certain habits of order and a kind of intuitive respect for the regular connection of ideas, which naturally render them very hostile to the revolutionary spirit and the unreflecting passions of the multitude. They form a party which is but little feared and scarcely perceived, which has no badge peculiar to itself, which adapts itself with great flexibility to the exigencies of the times and accomodates itself without resistance to all the movements of the social body. But this party extends over the community and penetrates into all the classes which compose it; it acts upon the country imperceptibly, but finally fashions it to its own purposes." We need not assent to this conclusion of our poli tical omnipotence, to recognize the accuracy of the statement of the fact and mode of the lawyer's influence on public thought and action. We may exert the power in many ways; in social, professional and and political contact. If on fair occasion, earnestly, and with proximate unanimity we manifest disapproval of and hostility to this corruption of our law and give reasons for our attitude, it will stir and direct a general sentiment as effective to bar the condemned action as a constitutional prohibition, "Be wise today Next day the fatal precedent may plead; |