pon the sill gazed contemplatively down
upon the shipping.
"Unwritten law!" sarcastically exclaimed Tutt from the doorway. "There
ain't no such animal in these parts!"
"You're quite wrong!" retorted his elder partner. "Most of our
law--ninety-nine per cent of it, in fact--is unwritten."
"Excuse me!" interjected Bonnie Doon, abandoning his usual flippancy.
"What is that you said, Mr. Tutt?"
"That ninety-nine per cent of the laws by which we are governed are
unwritten laws, just as binding as the printed ones upon our statute
books, which after all are only the crystallization of the sentiments
and opinions of the community based upon its traditions, manners,
customs and religious beliefs. For every statute in print there are a
hundred that have no tangible existence, based on our sense of decency,
of duty and of honor, which are equally controlling and which it has
never been found necessary to reduce to writing, since their infraction
usually brings its own penalty or infringes the more delicate domain of
private conscience where the crude processes of the criminal law cannot
follow. The laws of etiquette and fair play are just as obligatory as
legislative enactments--the Ten Commandments as efficacious as the Penal
Code."
"Don't you agree with that, Tutt?" demanded Bonnie. "Every man's
conscience is his own private unwritten law."
Tutt looked skeptical.
"Did you say every man had a conscience?" he inquired.
"And it makes a lot of trouble sometimes," continued Mr. Tutt, ignoring
him. "You remember when old Cogswell was on the bench and a man was
brought before him for breaking his umbrella over the head of a fellow
who had insulted the defendant's wife, he said to the jury: 'Gentlemen,
if this plaintiff had called my wife a name like that I'd have smashed
my umbrella over his head pretty quick. However, that's not the law!
Take the case, gentlemen!'"
"Well, I guess I was wrong," admitted Tutt. "Of course, that is
unwritten law. People don't like to punish a man for resenting a slur
upon his wife's reputation."
"But you see where that leads you?" remarked his partner. "The so-called
unwritten law is based on our inherited idea of chivalry. A lady's honor
and reputation were sacred, and her knight was prepared instantly to
defend it with the last drop of his blood. A reflection on her honesty
was almost as unbearable as one upon her virtue. Logically, the
unwritten law ought to permit women to break
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