The times. [volume] (Richmond, Va.) 1890-1903, 1892-05-06
Isl OUR GOVERNMENT CONSTITUTIONAL
OR ny MAJORITY ONLY?

direct especial attention 70 the yery serious
and as we think. dangerous doctrine promui-
gated in February last by the majority OF the
Judges Of the Supreme Court OF the United
States in tho case Of Bi,id rs. Mem York. li3 l.
S. T.. 5l7. Since TIE TINES article appeared
the New York Herald has taken the SUBJECT
up ard discussed it on very much the same
lines as those laid down by this paper. Inc
doctrine is this that the legislatures OF the
States have full and complete control over al
private businesses with which the pubic nave
any concern.
So far the Supreme Court has applied the
doctrine to cases Of grain elevators and rail-
ways. To what other businesses u VIII
apply it, the future only can disclose.
The principle announced is that If the Dusi-
ness 10 one in which the public has an Inter
est. the public may fix and determine all rates
and charges in the business. although 1t Is
wholly conducted by private capital snd mas
no charter or privilege Of any sort from the
Legislature. This practically gives the Legs
leture control of all business. since the PUBIC
is more or less interested in every business
whatever
TIE TIMES does not hesitate to affirm that
principle which authorizes the Legislature
of the State 10 fix the price which any citlzeh
shall charge for services rendered BY him IN
an employment wholly conducted by MN
through his own private resources WITHOUT
anv Grant whatever from the Government. Is
wholly inconsistent with the fundamental
idea Of republican government and with the
scheme and theory Of our national Constitu-
ton. The fact that the services proposed 70
be rendered by the citizen IN his business are
70 tho whole body of the public instead az 10
a designated portion Of 1t, can make no SOFT Oh
difference in his right 10 charge for his ser
vices the price which he chooses to put upon
them rather than the price which the Legs
lature of his State places upon them. IL is
case in which the thing sold IS wholly the
property Of the seller. and he may ask for his
commodity what be chooses, so far 90 the
laws Of justice and right reason are con
cerned.
From the earliest dawn Of its history. the
Anelo-SaIon race has been engaged IN CON
tests with its governmental authorities that
aimed at conhning government within Inc
nsrrowest possible limits, and securing the
largest possible liberty and security to the
individual. Our Revolution was simply an
armed protest against governmental Oppres-
sion. In framing the Constitution uuder
which the people Of these United States were
- live It's fathers kept steadily before their
eyes the proposition that the governments
State and Federal should have al such re-
strictions put upon them es should be neces-
sarv TO secure to the citizen his rights'of per-
son and property. These restrictions received
their finishing touch in the fourteenth amend
rnent 10 the Constitution of the United States.
which forbids any State to deprive any person
Of life. liberty or property without due pro-
cess of law. The constitutional restric-
tions have been thought all that was neces-
sary to secure the citizen absolute protection
in his person and property against arbitrary
acts Of his government. State OF Federal, and
this is of the very essence of our form Of gov
eminent as has been always thought.
But how came a majority Of the judges Of
the Supreme Court OF the United States, sup
posed to be the very citidel of our constitu-
tional rights, declaring that if the citizen
business leads him into traffic with the whole
body of the people. all his rights OF property
are subject TO the arbitrary will Of majority
of mis- legislature The proposition IS at war
with every instinct, tradition and principle OF
our race 1t is really the ending OF constitu-
tional government II is a proposition that
entbrones the legislature Of State as SUI
preme master # the rights and Liberties Of
the citizen II is giving practical effect to all
the widest dreams Of the Socialist. These
are strong words. but they are words carefully
weighed. There is no tyranny so intolerable
az that of the mob. The tyranny of single
despot is far moro endurable, because 1t Il
possible to reach him with reason. But mob
listens 10 nothing and acts always upon its
preconceiyed and erroneous views.
We are persuaded that the views put out by
a majority Of the judges Of the Supreme
Court of the United States are not the views
of our Constitution entertained by Tie masses
Of intelligent citizens OF the United States.
We believe that they suppose their
Constitution 10 contain live and enec-
tual guarantees 10 each and every citizen.
from the humblest to the highest of all lis
rights OF person and property against any and
all assaults directed against them by the tenn
porsry and evanescent waves of popular error
and restlessness, and that 1t will be great
surprise to them when they understand that
they had no property rights which are not alb
solutely subordinated to the Will of ma ority
OF their state Legislature. The subject IS one
which should engage the most earnest aud
serious attention Of the people at lasge.