The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-03-09
LETTERS FROM THE PEOPLE.
The Telephone Decision.

Now that the great battle has been fought and
the victory won, the time is favorable for those
who never regarded the telephone law as any
thing but an unmitigated outrage to talk little
without doing any harm. AS for the decision OF
the court, knowing how jealous this body has
always been of the rights of private property
and established privileges when the better ele-
ments of the people were seeking some great
public and social good, the decision is amazing;
but when we know how easy it has been for cer-
tain courts to crafty their own INCLINATION. or
rampant popular sentiment or prejudice, no
other decision was to be expected IL seems
perfectly proper to talk some even since the de-
cision, first, because the court expressly abstans
from any opinion on the wisdom and justice of
the law; secondly. because in our beautiful
reciprocally acting judicial machine po-
litical conventions and the people select
their judges the judges proceed to Sc
lect their opinions, largely out of regard
for prevailing popular notions and supposed in
terests, and then the people expect to have their
say as much as ever upon the law laid down by
the court
First-I am interested to observe what
short work our highest court can make for
| the supposed public benefit when popular senti-
ment is understood to be all one way and there
are no votes to be alienated. Estates have police
power" "A power is inherent in every sover-
eighty to govern men and things" ut extends
to the protection of the lives. limbs health, COM
| fort and convenience as we'll as property of all
persons within the State" ut authorizes the
Legislature to prescribe the mode and manner in
which every one shall use his own so as not to
| injure others"-.'to do whatever is necessary to
promote the public welfare not inconsistent with
| its own organic law" Therefore, the law is con-
/ stitutional Here, at least. is no labored in
genuisv, such as is often used to save criminals
convicted at great public expense--no hair
splitting distinction devising how not to do it,
no spinning of legal cobwebs to choke the aspira-
| tons of the people after moral and -polit-
| icai reforms Such broadness and direct
| ness would sometimes be refreshing-if it
were in the interest of substantial
| justice and punishment OF undoubted crime-lf
it were in the interests of honest elections-if 1t
| were to check the enrichment of county rings-if
| it were to exact from the saloon interest some
compensation for the damage it inf1icts on soci-
| ETY., and tighten taxation-if it were TO avoid an
| expensive State election, overwhelmingly voted
out by the people, and only needed in the inter
ests OF certain politician and his friends. There
are laws that are so easily constitutional, and
| laws that with all possible study and labor you
can't make to consist with the Constitution.
There are objects worthy the intensest appica-
ton of the judicial brain, but they are such as
saving the sacred rights Of tramp voters saving
ballot box suffers and boss politicians from in
timidation. saving all the saloon vote from TAX
| ing offense.
| Second-Does it follow, as the night the day.
that because the Legislature has this police regu
latirg power for the public good, it has the
| right to make such a law as this9 This power,
in the language of the court. so varied and COM
| prehensive that an exact definition has 80 far
been impracticabe." 1t would seem then that
some little caution would be called for in exer
cising it. Now it is certain If a
legislature has the right to pass this law it has
right to destroy any private property which
'has to some extent become public" The value of
| property depends on the rent-the right to re-
duce the rent from So to SO assumes the right to
reduce it to 81, and make it absolutely worthless.
| Does not the very idea of this police and regu
lating power imply that the occasion of its exer-
else be some great public necessity, like the
| health and safety of the community. Is the
telephone company great nuisance, imperiling
| the vital interests of the people their prop
erty2 Is little grumbling about high rent such
an occasions "The owner of property who de-
votes it to use in which the public has an inter-
| est, grants the public an interest in such use,
| and must submit to the extent of that interest
| whatever that may meanl, to be controlled by
| the public for the public good" think we may
defy anyone to draw q SAFE definite principle
| from such loose talk. It is impossible it should
make common law. But if so used it is certain
the only safety one has from confscation is to
60 into no such partnership with the
accounting forthwith. The Supreme Court,
of course has no power simply to arrest
the operation of bad legislation; but if it must
sustain every law that seems authorized by 1that
reserved and well-recognized power remaining in
| all the States which the United States cannot in
| vade," every law which the Legislature has
vague and general power to pass, "a power so
| comprehensive and varied that exact definition
| is impractcable," then its usefulness as a check
| upon legislation entirely unconstitutional in
spirit will certainly be somewhat varied" and
| scarcely well recognized but it might reason
| ably be looked to to leave US some wholesome
| legislation that it has often been too ready to
strike down. Was it beyond the province or
| acumen of the Supreme Court at all to consider
whether the telephone situation was one justi-
flying the exercise of police power2 Is il not an
| abuse of words to talk of the police power, the
safety of the public and injury to the prop
| erty of others" In such a Connection
| Further, might not the court have even con-
| sidered the question whether there was any show
at all that it was power exercised for the pub
| lie good. LIS it not true that the very idea and
| foundation of this extraordinary police power,
its justification. is in the fact that it is obviously,
| ndisputably and admitted on all hands to be for
| the public good. So summarilv and fully to
justify it's exercise in case where, according to
| all our elementary ideas, it must do more harm
| than good, seems absurd. There are, / believe.
| things which courts do not allow simply because
| obviously contrary to the pnblic interests or
public policy. If will is held void that dis
| courages widow from contracting a second
! marriage, what shall we say of law regulating
prices, the exercise of power that if continued
| or liable to be continued would absolutely put
stop to the investment of capital in any public
! enterprise; and what shall we say of court not
wanting in ingenuity that can find no way to get
| such law out OF the way. OPTIC.
Wanted Immediately
| To the Editor Of the indianapolis Journal:
| In the goodness Of your heart will you allow
an afflicted man to make an appeal to the truly
benevolent men and women of the city9 A
| member of my family is suffering from disease