The comet. (Johnson City, Tenn.) 1884-1916, 1891-10-01
Constitutional Barriers to the Farm
ers' Movement.

give rise 10 gOOdly crop OF constlIu-
tional questions in due time. In more
than one State where the Legislature
has come under Alliance control or
influence acts have been put on the
statute book which will hardly stand
constitutional scrutiny if tested in the
courts, as some of them are likely to be.
One Of these, which has attracted
much attention from millers, is the
law passed by the last Legislature of
Ohio fixing the tolls which millers
may take for grinding grists and the
amount of ground products which
they may give in exchange for bush
ell OF grain. The effect of the law is to
give farmers an advantage OF about
twenty per cent. over what they re-
ceived before its enactment. The
Herald is asked whether the enactment
OF such law is within the constitutional
power of the Legislature.
The question is one of national in
terest, and involves principle Of far
reaching consequence. 1t is a law
fixing prices in private business, and
if this may be done in one case it may
be done in all, If the Legislature of
any State may declare how much the
miller must give the farmer for his
wheat and how much the farmer may
give the miller for his flour, it may
dictate the price of breadstuffs to all
buyers and sellers and in all markets.
1t may regulate the price of all farm
products-cattle, sheep, hay, butter,
poultry, eggs. Nor can the principle
be limited to products of the farm.
With equal logic and justice it may
be extended to every branch of trade
and industry. If one business, one
market may be controlled by legisla-
ton, every business, every market
may be so controlled,
Fortunately no such power is within
the reach Of any legislative body in
the United States. Its exercise or
even existence would open the door TO
a communism that would leave the
people at the caprice of any class in
power and put an end to national
, prosperity. Against this danger there
are in our government well grounded
constitutional barriers. To put limit
! to prices in private business is to take
property without due process OF law
That is thing which our fundamental
law declares must not and shall not be
done.
The power of the State over business
and prices in certain cases is well
! known. Railways are subject to legis
lative control. They are common
carriers who receive privileges from
the State and owe it obligations. They
cannot engage in business without
permission from the people. They
must bow to the authority of the peo
e pie. Telegraph and telephone, express
and sleeping car companies are on the
same footing. A similar principle has
= been held to apply to ferries anC
: hacks. So, also, all business is subject
: to legislation for the protection Of the
public health, morals and safety. The
II police power Of the State may be ex
i ercised to regulate the liquor traffic
abate nuisances, prevent food adultera
y tions, &c.
But for all such legislation there
are special reasons, and its scope il
marked by recognized limits. 1t pre-
e sents an exception to the genera
y principle that private business is be
:. yond legislative control or interfer
i, ence. What the laborer shall receiv,
for his toll, the tradesman for hi
wares, the manufacturer for his pro
ducts, is question Of agreement,
}, matter of markets, that goes to tn
1t very quick Of personal liberty in fire,
country.
= When the New York Court Of Ap
peals recently upheld the statute 0
this State regulating the charges 0
n grain elevators it carried the power 0
the State over business to a yerg
S against which two Of the seven Judge
a. protested. But the Court took pain
to explain that there were "specia
l. conditions and circumstances affec,
ing the business of elevating grain
in that case, and expressly conc de,
). the general principle that prices ar
n not subject to legislative regulation
The right OF the individual 20 nam
n these is, said Judge Andrews, "a PAL
of our liberty, of which, under tn
constitutional guaranty, we cannot b
as deprived" He then voiced these SCI
timents:
i That no general power resides i
: the Legislature TO regulate privat
3y business. DreScribe the conditions III