Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-03-19
THE GREATEST DANGER OF THE TIME.

that event may be attributed to the un-
I" limited authority OF the majority" And
again he says In all governments, what
sever their nature may be, servility will
.scower to force, and adulation will cling
to power. The only means of prevent
Sing men from degrading themselves, is to
"invest no one with that unlimited au-
"thority which is the surest means of de-
chasing them" These words have very
practical application to the present situa-
ton and tendencies of the American peo-
pie. The agitation which has recently
been set up at the East, under the title of
an anti-monopoly movement, is not a
new manifestation, but merely novel
phase of national tendency which has
been becoming more marked for years. 1t
is in fact neither more nor less than the
latest development of that tyranny of the
majority which is rapidly invading and
conquering the domain of national
ethics, and which has already delivered it's
assaults upon some of the principles
which are most absolutely Indispensable to
civilized democratic government
There are two prominent tendencies of
the present time which are working to-
gether for evil. The one is the disposition
of the public to form opinions without
sufficient evidence. The other is the dis
position of the politicians, of the Legisla-
lures, and even of the Courts, to set aside
the most venerable and well-established
principles rather than put any limit to the
authority OF the majority. Between these
two influences the safety of the republic
is threatened more seriously than has yet
been at all adequately realized, for in the
full development of these influences is
involved a condition OF things wholly in
compatible with the maintenance of law
and order and liberty. II the danger con.
sisted only in the caprices of public opin-
ion if it could be ascribed to the ignor-
ance Of the masses, in short, it would be
far less alarming But the truth is that
the strongest impetus has been given to
this movement from above, and that the
people have not yet advanced far enough
to give effect to the mischief latent in the
decisions of the Courts. The most serious
evidence of degeneracy in the judicial
intelligence of the country is to be found
in the steadily growing disposition to pal
ter with those simple but sacred obliga-
tions which form the very foundations of
civilized intercourse, and lacking agree
ment concerning which neither commerce
nor confidence would be possible.
We refer to the judicial assaults upon
the informing principle of the contract
which have been put on record of late
years. These remarkable decisions may be
traced in an unbroken line from
the Chicago Elevator cases to tine
decision on the Thurman bill.
They embrace a series of propositions
expanding in heterodoxy and audacity,
and denying by degrees every right which
protects the minority against the majority,
the individual against the many, or the
corporation against the Government. In
all these decisions the underlying inten-
ton, conscious or unconscious, has been to
fortify and enlarge the power of the ma.
jority, and to restrict and diminish the
privileges and defenses of the minority.
In the Chicago cases it was held that the
allegation of a "publio use in any
business is sufficient to subject that
business to the tyranny of legislative
regulation. In the Thurman case it was
held that when the United States enters
into a contract with citizens, the former
are not bound to fulfill their obligations,
but may hold the latter to strict account
ability, or even go further, and alter
the terms of the contract after it has been
executed, so as to infiiet loss and injury |
upon the weaker party. In all these
cases the Court has trampled upon that
vital principle of good faith and honor
which is essential to the preservation of
the social organization.
This has been the work of the Supreme
Court of the United States, and not of
mob or of Legislature of demagogues
These are the latest, inapellable DEGREES of
the supreme judicial tribunal of the coun-
try. The principles that Court announces
must govern until they are superseded by
an equal authority, and therefore it is
necessary to consider whittier these princi-
pies are leading US. Bearing in mind what
;he Supreme Court has done to form pub
ic opinion, and to pave the way for radi-
al and tyrannical legislation, let us pro-
iced to examine the agitation which has
been set in motion at New York against the
1t cannot be said that this move
nent is altogether in the hands of ignorant
persons. Judge Jere Black is one of
is most prominent supporters, and he is
earned lawyer. But in dealing with this
question he has displayed recklessness
md disregard of fact and truth such as
ire seldom encountered even In the basest
lemagogue, and a quite interesting demon
tration of this has recently occurred.
Judge Black wrote letter or made
peech before an anti-monopoly meeting
n which he undertook to use figures, and
ewas rash enough to hazard the assertion
IS statistical verify that the railroads OF
he country had extorted from the people
n one year the enormous sum of $780,
100. 600. This, said Judge Black, was the
mere plumber of one year; judge, then,
low these corporations are robbipg the
people
Now Mr.. Albert Fink, Commissioner of
transportation in New York, is a gentle
nan who not only understands railroad
!