Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-01-24

is with such loose and fppant travestles
of fact that demagogues seek to disguise
the sinister character of their purposes
That the doctrine OF pateInalism pervades
and informs the Granger and Elevator de-
cisions is, however, easily demonstrated.
1t was held by the Court in those decisions
that any business or occupation into which
a public use entered was liable to legisla-
tive regulation. That was the governing
principle of the decisions, and no doctrine
more utterly subversive of freedom or more
hopelessly in conflict with the republican
theory Of government has ever been pro-
pounded. According to the Supreme Court
it is open to the Legislature to interfere with
and to regulate every phase of human ac-
tivity, for there is no business in which
men can engage which cannot be shown to
have 'tpubfic use )" Of some kind. The
pretense of the Chronicle that in these cases
the Court only " interviewed between the
people and the rapacity of corporations "
is the sorriest fustion and the veriest non
sense. On the contrary, the Court de-
clared that the people were subject to an
inquisitorial regulative legislation such as
no despot has ever attempted to put in
operation. It held that the moment any
man does anything which brings him into
connection with the interests of other men,
he is liable to regulation. 1t held that the
Legislature has the power to fix the price
of everything not merely fares and
freights upon railroads, not merely ware
house charges, but everything. 1t asserted
that the price of meat, of groceries, OF
bread, of vegetables, of dry goods, of
houses, OF real estate, of every con-
ceivable object of purchase and sale,
may be fixed by the Legislature. 1t
announced the monstrous doctrine that
freedom of commerce is henceforth to
exist only by sufferanee in the
United States, and that at any time any
legislative body may abolish or curtail it
at its pleasure or caprice. Ii this is not
paternalism run mad, what is it? Most as
suredly it is not in harmony with the prin-
ciples of free government. Most assuredly
it would have appeared an Infamous and
impossible doctrine to the founders OF this
republic. Most assuredly it is vain to
look for any excuse or justification for it in
the legislation or the Judicial decisions OF
the past. Governor Stanford, in fact, is
entirely within the truth when he says that
these decisions care in fragrant violation
of the principles of free government, and
60 are entirely in harmony with
paternalism. No such portentous stride
towards crushing Capitalization has
ever been made in modern times as the
Supreme Court accomplished through the
Granger and Elevator decisions, aud it
will not be long before the people discover
that these rulings embarked the country
on the most dangerous voyage a republic
ever essayed.
There is no form of legislative tyranny
which is not justified by the doctrine of
these cases. There is no industry SO
humble, no business so useful, that it may
not be subjected to regulation under them.
1t is as open to the Legislature to fix the
rates at which newspapers shall publish
advertisements, az to declare the profits to
which the railroad owner or warehouseman
shall be restricted. The Supreme Court
had apparently Predetermined to decide in
accordance with the bent of current opinion
and prejudice, and to obtain ground for
this decision it was obliged to adopt
theory which strikes at the very founda-
ton of freedom and independence.
In order to secure an excuse for regulat-
ing certain classes of business, it
was declared that all classes of
business are equally subject to regu-
lation. The truth was that the Court had |
resolved on taking an indefensible line,
and to shield itself it swallowed the pa
ternal theory of government at one gulp. |
The very fact that the Court thought it |
necessary to do this proves how fallacious |
its doctrine is. Every body can see how |
monstrous and intolerable tyranny the
general application of these princi ples
would produce, but nothing less than the
general acceptance of these principles
could serve to excuse the affirmation of |
the regulative propositions before the
Court. To excuse a particular wrong, in
fact, the Court set up general wrong
To render the confscation of corporate
property possible it was forced to hold
that the confscation of all property was
equally allowable. Thus the people, in
obtaining permission to Cypress corpo.
rations, surrendered their own defense
against similar oppression, and thus the
paternal theory of government was en-
grated upon American law, to the amaze
ment and CONSERVATION of all inte,li.
gent and clesr-sighted observers, and to
the qualification only of fools and dema.
gogues. The most disastrous "triumph
the people ever won was when they
wrung these Ubiquitous decisions from a
too compliant Supreme Court. Their
utterance was discredit to the bench, and
a severe blow at popular liberty and
there is but too much reason to fear
that their sinister influence viii augment
as it descends, and afford excuses for the
elaboration and expansion of that dan
gerous doctrine of Capitalization which, as
all history shows, is the deadliest foe of
democratic government.
THE CAPTURE OF LIMA.
The Chileans have defeated the last Pc
ruvian army in pitched battle, and have !
captured Lima, whichcity was made incapa-
BILE OF defense by theoverthrowo of Pirerola's ,
forlorn hope. The Peruvians must have
fought desperately, for they are said to i
have lost seven thousand men in the final !