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 JEROME THE LAWYER

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In Jerome's case, however, it was in many was actively engaged in the Lexow investi ways his making, for it gave him an oppor gation and performed valuable services as tunity for the thorough study of human a drafter of proposed legislation, being one of a sub-committee of .three, composed of nature and of the practical effect of legisla Lewis L. Delafield, James Kilbreth, and tion, which he could have secured in no other himself, to prepare the Special Sessions law way. It is out of this knowledge that the which was to create a new court for the writer submits that Jerome's chief effective trial of misdemeanors. The general law ness has grown. He has never been con committee, composed of the most eminent tent to sit back after an unsuccessful prose members of the legal profession in New cution and say, "The present - state of the York, adopted the proposed statute as law is such that cases of this sort are practi drawn, and it subsequently became law. cally hopeless," or, "If we had a law which (L., 1895, ch. 601.) fully covered this kind of thing we might By a singularly appropriate and felici accomplish something." Instead, what he tous appointment, Jerome now became on says (and he says it on his feet and with July ist, 1895, one of the original members his fist clenched) is; — "The law is useless of the very court which he had been instru as it stands; the legislature must pass a bill mental in creating. The acceptance of this that will cover every aspect of this business position, however, which implied constant so that I can put these rascals in jail," and service for a long period of time and an then without more ado he retires to his absolute abandonment of private practice. library with a stenographer and returns was regarded by his friends as singularly with a drafted bill in his hand, which gen unfortunate for a young and ambitious erally sooner or later becomes law, and the lawyer with his way to make, but here rascals go to jail. Jerome's love of public service happily Jerome is a constructive force. To a prevailed over his more conservative judg man of his resources there is no such thing ment. It is a strange coincidence in the as a failure to enforce the law, unless the career of this unique citizen, that most law be of that character, which he has of the important decisions which he has called (in his little pamphlet entitled reached have been diametrically opposed to "The Liquor Tax Law in New York") the advice and counsel of his friends and "unenforceable." This he defines as being advisers; they have been made, regardless a law "which under Democratic forms of of political or professional advancement; government, based upon universal suffrage, they have at times seemed an abandonment is not permanently enforceable by authori of almost everything which to most men ties locally elected or appointed, because seem desirable, and yet, curiously enough, the acts prohibited are of such a character each of the decisions made in this manner that a considerable number of the inhabi has been accompanied by no loss of prestige tants of the locality do not consider the or position to Jerome himself, and has prohibited acts immoral in themselves and resulted, I believe it to be universally do not yield willing obedience to the law." admitted, in the elevation of the standard Such laws Jerome believes should be of public service. With Jerome's acceptance amended, until they represent the actual of a petty judgeship, which was stigmatized principles of the community where it is by his friends as little better than a police sought to enforce them. magistracy, he took a step which in the It is in this ability to get to the root of case of four men out of five would have a difficulty, that Jerome the lawyer differ resulted in permanent disappearance from entiates himself from his predecessors in public and professional life. office. If the law is inadequate he demands