In the book “Wyatt Earp: The Life Behind The Legend”, author
Casey Tefertiller brings up this “choice” in relating the story of Earp after
the murder of his brother Morgan.
The book, which I stumbled upon whilst looking for something
else at the local Barnes and Noble, paints Earp and his brothers as flawed, but
generally noble men of honor, justice and character. The author researched everything he could
find regarding Earp, pouring over newspaper articles, interviews with people
who knew him and court records from trials in order to determine what was and
wasn’t true about the legend of this man.
Overall, he seemed like a great guy and despite the fact
that I’ve always found the Doc Holiday character far more entertaining and
interesting in all the various films of that period, in reality I believe I
would much prefer to have developed a friendship with Wyatt Earp. In the early days of Hollywood, studios were
keen on depicting “the Old West” and would invite people who lived those times
to consult and act as extras. Wyatt, who
by this time was living in California, would visit sets to chat up some of the
people he knew from those days as well as sometimes consult himself. These men would sit around and reminisce
about the old days and actors and crewmen would often listen in. (Imagine that!) Amongst those actors was a young John Wayne
who was mightily impressed with Earp and the stories the others would tell
about him. He based almost all of his
western characters on what he learned about Earp. Wayne told Hugh O’Brien, who played Earp on
TV, that he was playing Earp in each of those westerns he made, trying to
capture and present the man’s highly regarded character, and that O'Brien, too, was capturing the essence of the man in his own depiction.
Most of the mining towns, Tombstone included, were wild but
trying to grow into legitimate communities, with businessmen of all sorts
hoping to find success. They often were
policed by various levels of law enforcement, each with their own
jurisdictional duties, but often overlapping.
They also had issues with “cowboys”, a term not necessarily respected at
the time, as they were not necessarily of the Roy Rogers quality. The cowboys had their value as militia type
persons who would gather to fight off Indian attacks, but were also mostly rustlers,
robbers and all around troublemakers who made the towns’ business people both
money and worried. They made the towns
too wild for new investors to risk their money.
These towns also had newspapers and politics. “Fair and balanced” was not common amongst
the newspapers. They swung one way or
the other with some clearly being Republican papers and the others Democrat
supporters. At the time in Tombstone,
the Democrat papers leaned toward the cowboys and the cattlemen who profited by
their rustling. Other businesses, such
as saloons, casinos and whorehouses also tended to support the cowboys since
they blew their pay in their establishments.
The Republican leaning papers supported people like the
Earps, who proved themselves regularly to be fair in their duties as lawmen and
got the job done, far more often than not without the use of their guns. (Indeed,
Earp wasn’t known for shooting people in order to be an effective lawman and
was praised and greatly respected for this by many.)
Now here is where we got to the “And/Or” conundrum. Due to the profit potential of having rustled
cattle provided by the cowboys, it did not help to have any of these guys
jailed instead of “working” (many cowboys were in the direct employ of some
ranchers—but I was speaking of their less than legal means of income
acquisition). These people would use the
letter of the law to keep these guys out of jail, and one pretty much had to be
caught red-handed to be convicted.
On the other side, the businesses and people working for growth
in the community were heavily invested in order. To maintain a reputation as a wild and
lawless town was not conducive to growth.
Wyatt Earp came to realize, particularly after the shooting of brother
Virgil and the murder of brother Morgan, that justice was not easily had while
law AND order were not absolutely tied together. It was only after these crimes that Earp took
the law into his own hands and began dispensing “frontier justice”, tracking
down those he knew were responsible for the shootings, and
making any further possibility of crime at the hands of the perpetrators a moot
issue. It became an issue of either law
OR order. Order was seen by Earp and
others as paramount for not only growth of the community, but its safety as
well. Law would take a back seat. For the cowboys and their supporters, it was
reversed (assuming they cared about the law at all beyond how they could abuse
it).
So Wyatt went about with his vendetta and found the justice,
and vengeance, he sought. The result was
the bad guys acting far more covertly if they acted at all in a criminal
manner. Justice AND order were had.
While reading of this story and the distance between law and
order, I could not help but think of problems we face in the here and now. We have our cowboys today. They are called “gangbangers”, “bikers” and
other forms of organized crime. The
worst of these groups, as well as many of the underlings, are known well to law
enforcement groups of every level. The
law often works against the desire for justice and order. People live in fear in their own homes and
communities while the lawless move about without fear of prosecution unless
they are caught with the smoking gun in their hands. It makes me wish for a man like Earp,
honorable and courageous, but fed up with the ramifications of laws that do more
to protect the guilty rather than the innocent.
Some would object saying it isn’t how a Christian nation of laws should
work. Some would say we’d be using evil
to fight evil. Nonsense. If the worst of the worst are done away with,
fewer would have the courage to fill the void.
More people would be willing to do their parts as citizens to report
crime and testify against criminals. It
would embolden the law-abiding and discourage the law-breakers. Until then, we must live out a law OR order
existence.