Page:Popular Science Monthly Volume 85.djvu/96

92 astonishing survival of a rather special ancient custom. The tribal chieftain surrounded himself with satellites, priests, kin-folk and courtiers. He was compelled to delegate to these the exercise of some of his functions. It suited their needs to make it difficult for the common people to approach him and present their petitions and their grievances. In time it became the custom for the wealthier and more influential of those who would get word with the chief, or would, through his immediate friends, gain favor from him of a promise, a gift or a decree, to purchase, outright or indirectly, the help of an intermediary. This custom was handed down, became fixed in its details, and survives to-day in the lawyer's fee. Now as in the early days of this custom, a person specially authorized for the purpose stands between the faithful and the law-enforcing power. One may almost say that we license the door-keepers of the halls of justice and permit them to take toll of all who enter.

The chief direct beneficiaries of the survival of this law-having-habit are the lawyers. As such, one can not hope to find them zealous in modifying or weakening the habit. But lawyers are as ready as is any other special class to declare their devotion to the general welfare, and they are better situated and better fitted than is any other class to check the growth of this injurious law-having custom. And nearly all lawyers admit, when the question is of law-making by legislatures, that the law-habit is most harmful, and that it constantly grows stronger.

Ten thousand generations taught our race to love a king; we seem unable to get over the habit. We love him; we believe in him; we think he can make us prosperous, wise and happy; and when he comes to us in the guise of a legislative majority from our own political party our faith enjoys a veritable renaissance.

There was a time, say 50 or 80 years ago, when the law-having habit, among English speaking peoples at least, seemed on the decline. Then a change came, merely, one may dare hope, the inevitable temporary reaction we must always look for in such cases, and to-day we are again in the full tide of law building.

Now, are lawyers as a class attempting to check the growth of this law worshiping habit? Do they point out again and again to the populace that it is, after all, but the habit of worshiping a divinely appointed king under another nomenclature and another set of ceremonials?

In the layman's observation, they do not. They profit by the law's growing complexity. They hasten to become legislators themselves if only to equip themselves in the way of profitable legalizing.

But is there not here an opportunity for this social group, harmful in its very essence, to lessen to some degree the harm its existence causes, by attacking in an organized way this hurtful habit of worshiping the law?