The times. [volume] (Richmond, Va.) 1890-1903, 1893-04-12
THE SENATE DEBATE on JUDGE
KICKS DOCTRINE.

The debate produced in the Senate on
Monday by United States Judge Kicks
recent order. which declares the
doctrine that a United States court
may compel an employee Of
railroad company 10 remain in
its service after he desires to quit, is a
healthy indication. and shows that the
people are in no degree unmindful of
the importance Of adhering closely and
constantly TO the essential and radical
features Of our institutions We take
very little stock in Senator German as a
public an. but we must express our
unqualified approval Of what he said Of
the matter. He showed that he had a
very accurate and perfect apprehension
of the gist IF the matter. when h said
that Judge Kicks doctrine. ii it is u be
considered as authority by our consti-
tutiOnal law, converts the employees Of
railroads into serfs. And. of course, If
this may oe done. the doctrine may he ex-
tented indefinitely and made to apply
In every department Of life. whereupon
the money power would have reduced
those who live by toll into a condition
Of slavery through the agency Of the
United States courts.
II the Interstate Commerce law con-
tsins any shadow OF authority for such
a pretension. then we have not the slight
est doubt that the Supreme Court of the
United States would promptly declare
that feature of it repugnant 10 the thir-
teenth amendment TO the Constitution Of
the United States, which proclaims that
neither slavery nor involuntary servi-
tude, except as punishment for crime,
wrereof the party shall have been duly
convicted, shall exist within the United
States or any place subject to its juris-
diction." But. however worded, the Inter
State Commerce act was never intended
10 authorize a United States court to
enforce such a proposition. 1t never en-
tered into the mind OF a single member
of the Congress which passed that law
that he was thereby clothing United
States judge with authority to tie the
employees of railroads TO those corpora
lions with the chains of slavery. 1t is a
forced and unnatural construction Of the
act to hold that this was intended. and
the true correction of the vicious tendency
Of the decision is in intelligent discussion
OF it. that healthy public opinion con-
demning and rejecting il may be aroused
Ii is utterly shocking to the moral
sense Of every man descended from an
Anglo-SaxOn ancestry 10 say that If a
spirited young fellow agrees to act as
cashier Of a national bank for one year,
and. during his first months service, in
u difference OF opinion between himself
and its president. the latter splits in his
face. that a court is authorized 10 force
that young man TO remain in that service
for year. 1t has always been of the
very spirit and essence OF our laws that
that young man might thereupon break |
his contract OF service. paying to the |
bank such damage for the breach OF his |
contract as jury should say that he |
ought TO pay. And this principle the |
American people are not ready 10 sur
render.
we are not in full sympathy with all
that Mr. Voorhees, said in discussing the
case. Mr.. Voorhees, remarks indicate a
frame OF mind on his part that regards
wealthy corporations as public enemies,
ana the Federal judiciary as their tools
READY TO serve them Loyalty In any de-
s'sn That aims at the injury and impover-
ishment OF the people.
We have no part or lot In either branch
OF this radical view. We recognize the
iact that the exemption which the idea
OF Incorporation gives to moneyed men
from any liability except for the amount
OF money contributed TO the incorpora-
tors. has caused those wonderful develop
nsass IN tbs arts and sciences which ws