The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1891-08-27

talist. The importancs of this class of leg
i~slation. however. is lessened by the facility
OF combination afforded by the corporation
laws OF the different States. and il seems
probable that the form of organization at
which 1t was primarily aimed will soon ap-
pear"
RIvAT
Mr.. Judson closed his address by refer
ring TO prospective legislation which
might be had on private contracts. The
most interesting prospective legislation of
this character. in view of present political
agitation he said. us that advocated in
certain sections of the country for the an
nulling of any provisions of contracts of
the character now we'll known among mon
e~y-lerders. STIMULATING for payment IN coin
of specific character. Statutes relating TO
common carriers or other holders of public
franchises, statutes enacted, III the interest
of public health or public morals. or regu-
lating the employment of those
forms of so-caiied social lesisia-
ton, however much some OF it may
be criticised as unduly extending the
scope of State interference, have been
omitted from this discussion. as 1t Is the
purpose only to consider legislation directly
affecting the liberty of contract or those
who are of full age and of competent un-
derstanding. In the words of Sir George
Jessei: II there is one thing more than any
1890 tcAftt t4attee taes
men OF full age and competent understand
ing shall have the utmost liberty of con-
tract, and that their contract when entered
into freely and voluntarily ehall be held
sacred and shall be enforced In courts of
Justice
1t is apparent to even a superficial OBJ
server that legislation cf this general char
aeter, III the abridgment of the right of
private contract. must tend greatly TO in
crease In the near future. Notwithstand-
ing the enormous advance in the condition
of the working classes in England during
the last half century effected through VOL
untary association in the exercise of indi-
vidual freedom of coDtract-sociaI legisla-
tion In England having been confined as q
rule TO interference with contractural lib
erty only in case of those who are not sui
with many agitators to be the great panacea
for social ills, and oftentimes the first man.
hesitation OF the strength of q voluntary
labor association is in denying the right of
free contract on the part of others.
The rights OF persons are indeed a para
mount concern not only TO the masses. but
TO all citizens. and liberty of contract is of
these personal rights the most essential 10
human happiness. The force antagonizing
personal rights is not the right OF property,
but tho power of the State exercised in the
abridgment of individual liberty. While
the broad construction of the individual
liberty guaranteed by the constitutional
bills of rights fnds ample support In the
history and circumstances of their origin
as well as In the trend of the recent judicial
utterances of our State courts, we cannot
but be impressed with the directly oppos-
ing I'M s sppiyiss the be- s sm1eens oon 5sass.
tional guarantee to the same state
of facts. Judges who agree that
liberty of contract is protected by the Con-
stitution reach radically different con-
against the invasion of that liberty by Leg
i~slative power. The difficulty IS inner
ent and fundamental. As we have already
seen the determination of What business
employmenrs are affected with a public in
terest the limits of the public policy which
precludes individual waiver of statutory
rights. even the facts of which the courts
will take judicial notice In determining
the validity of the exercise of the police
power, are all left TO be determined by
the process OF judicial conclusion and
exclusion as cases may arise, Just as in
the language of the supreme Court
constitutes due process of law must be de-
termined. We are between the mighty op-.
posites involving opposing fundamental
forces of human society. Human language
cannot formulate the expression of the pre-
complexity ofmodern life. Upon this ques-
ton, of all others, whatever our written
Constitution may provide, IL is inevitable
that our ~juristic conception mr=: IN
ences of public opinion, and with the con-
ception Of individual liberty which
that public opinion susta;as. If
that is suffered to decline, no
writ en- Constitution can in the end pre-
serve it against the only power which in
this age threatens it. the power of iegisla-
tive majorities. In this age, as never be-
fore. tie price of liberty is eternal vigilance.
As Mr.. Lowell aptly says to the within,
but not TO the will of the people, and In
this broad view Mr.. Madison has wisely
declared that the bill of rights in q popular
government was to declare political truths
in a Solemn matter SO that they may ac-
quire by degrees the character of funda-
mental maxims of free government"