One point of view asks, "Is there any express and specific law
authorizing or directing such action?" and, having thus sought and
found none, nothing is done. The other asks, "Is there any justification
in law for doing this desirable thing?" and, having thus sought and
found a legal justification, what the public good demands is done. I
hold it to be the first duty of a public officer to obey the law. But I
hold it to be his second duty, and a close second, to do everything the
law will let him do for the public good, and not merely what the law
compels or directs him to do.
It is the right as well as the duty of a public officer to be zealous in
the public service. That is why the public service is worth while. To
every public officer the law should be, not a goad to drive him to his
duty, but a tool to help him in his work. And I maintain that it is
likewise his right and duty to seek by every proper means from the legal
authorities set over him such interpretations of the law as will best
help him to serve his country.
Let the public officer take every lawful chance to use the law for the
public good. The better use he makes of it the better public servant he
becomes.
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