Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1878-01-10
REVOLUTION.
Arc We to be Nation OF Csmmunistsf

ened the overthrow of social order in
some of our cities, has reached the
courts of Justice. 1t has won a tri-
umph of immense Importance in the
Supreme Court of the United States.
1t was thought heretofore that the
people, through the Legislature could
interfere with the earnings and profits
of business enterprises only when car.
ried on by corporations. This idea,
as it ought to be, is entirely exploded
by the Supreme Court of the United
States. The profits of any business
whether carried on by corporations or
individuals are subject to Legislative
control should the people require such
Legislation to protect them from what
they deem to be imposition, extortion,
combination or monopoly.
The Court Of course was divided
on the question. On matter 80 deep
ly affecting the interests and institu.
tons Of society, Judges can only ar
que, discuss, differ and divide, as ed
itors and other people. We heard of
this decision and were incredulous as
to its extent. We have procured a
| copy of it and give below some ex-
tracts believing it will be of interest
to the readers of the HERALD.
Under the Granger excitement of a
few years ago the Legislature of Illi-
nois passed law limiting the charges
tor storage of grain in warehouses in
all cities where population was not
less than hundred thousand. A pen.
atty was imposed for the violation Of
this law. Scott &c Num-, owners of
such warehouse in Chicago, charged
more for storage than the law allow.
ed. They were sued for the penalty.
The case reached the Supreme Court
of the United States. A majority OF
the Judges reasoned and wrote as
follows:
The question to be determined in this case
is, whether the general assembly of Illinois can
under the limitation upon the legislative pow
er of States imposed by the Constitution OF
the United States, fix by law the maximum OF
charges for the storage of grain in ware houses
at Chicago and other places in the State hav-
ing no less than one hundred thousand inhab>
itants, in which grain is stored in bulk and in
which the grain of different owners is mixed
together, or in which grain is stored in such a
manner that the identity of different lots oil
parcels can not accurately be preserved"
It is claimed that such a law is repugnant
To that part of Amendment Ia, which Or
dams that no state shall deprive any person
of life, liberty or property, without due pro-
cess of law nor deny to any person within its
jurisdiction the equal protection of the laws
When one becomes member of society he
necessarily parts with some rights or privileges
which, as an individual not affected by his re.
latons to others he might retain. "a body
polite" as aptly defined in the preamble Of
Massachusetts,, sis social compact by which
the whole people covenants with each citizen
and each citizen with the whole people, thai
all shall be governed by certain laws for the
common good" This does not confer powe,
upon the whole people to control rights which
are purely and exclusively private, but it does
not authorize the establishment of laws reQuir.
ing each citizen to SO conduct himself and sc
use his own property as not unnecessarily tc
injure others. This is the very essence Of
government and has found expression 10 the
maxim, SIC uttere tho ut alienuns non laedas
That is, $50 use thine own as not to injure
another" From this source come the police
} powers, which, as were said by Chief Justice
fancy in the License Gases "are nothing more
or less than the powers of government inner
, ent in every sovereignty. That is to say the
, power to govern men and things. Under
these powers the government regulates the
conduct OF its citizens one towards another
and the manner in which each shall use hi,
own property, when such regulation becomes
necessary for the public good. In their ex
! ercise it has been customary in England from
time immemorial, and in this country from it
first colonization, to regulate ferries common
carriers, hackmen, Bakers millers, wharfng'
ers. innkeepers sc, and in so doing to fix I
: maximum of charge to be made for services
| rendered, accommodations furnished and ar
ticles SOLD To this day statutes are to b,
found in many of the states upon some or al
these subjects and we think it has never We
been successfully conteDded that such legisla
ton came within any of the constitutional pro
, hbitions against interference with privat,
property With the 9Th Amendment in forcs
Congress, in 1920, conferred power npon thu
city of Washington Ito regulate the rates o
wharfage at private wharfs, the sweeping o
: chimneys, and to fix the rates and fees there
| for, the quantity of bread' g Stat. 667 Sect
and in ls4S "to make all necessary regula
tons respecting hackney carriages and tn
rates Of faie of the same, the rates of haulin
by cartmen and draymen, and the rates o
commission Of auctioneers. 20 Stat. 224 Sec.2
The Court cites an act of the Brit
ish Parliament as far back as tn
reign of William and Mary, which be
gins as follows:
"And whereas divers waggoners and othe
carriers, by combination among themselves
. have raised the prices and carriage OF good
in many places to excessive rates, to the grea
damage OF trade-therefore be it enacted, &c
, It has never been considered tba
, limitation of profits was the taking G
private property for public use with
out just compensation. The minorit
OF the Court wrote out a most scath
E ing dissent and insist that constitu
= tons, especially the 14th Amendment
/ were expressly intended to suppress
E such absurd and despotic Legislation
, as the majority has quoted and ar
proved. But it is question to
broad for courts to settle. 1t must b
settled by the people as Legislation
/ under some popular movement make
some frightful onslaught on privat
r rights. In fact there is no such thin,
8 as private property, as the minorit
of the Court insist II the majorit
has rightly set forth the law. Blu
hereafter the Communist will have n,
r excuse for mob violence. Men VIII,
: live on wages can by law compe
their employers to pay them legisla
, tive rates, as soon as their number
can control legislation. We may here
after publish extracts from the MINOR