Freeland tribune. (Freeland, Pa.) 1888-1921, 1896-05-28

Now, what class of the community
has been protected by these three deci-
sions? In the income tax case it is the
class whose incomes are over 81, 600
year. This includes persons who receive
large salaries and also the more impor-
tant class of those who have large in
vested estates. 1t was the latter class
that attacked the act, as is shown by
the character of the parties in the two
Cases-viZ, the Farmers Loan and Trust
company and the Continental Trust COM
pany.
In the Hyattsville case protection is
afforded to landlords.
In the Illinois eight hour case it is
the factory owner who is protected
against the women and children in his
employ. In connection with this deci-
sion it is worth while to note recent
newspaper item, which sets forth that
in Canton, Ills, city of about 8, 600,
there is n plow factory and numerous
cigar factories where children work for
81. 80 and 81. 80 a week Of 10 and 10
hours day"
Are there any recent constitutional
decisions protecting life and liberty to
set off against these three protecting
property? If there are any, should be
glad to cite them, but | do not know of
one-not by any means that no occasion
for such decision has presented itself.
In the case of Debs (15 Supreme Court
Reporter, page 900) the right of a single
judge to imprison Il defendant for con-
tempt Of court, although his alleged acts
constituted crimes and misdemeanors, is
upheld, which decision certainly does
away with "due process Of law in the
case of "life and liberty" and throws
jury trials to the winds. 1t is unneces-
sary here to dilate ON the opinion Of the
court below, which, while admitting
that Debs counseled moderation, calmly
holds that he did not mean what he
said. 1t is stamped with prejudice from
beginning to end.
There are two reasons for this failure
of our constitution to protect life and
liberty while they go much too far in
protecting property. In the first place,
our judges are prejudicial; in the sec
ond place, our constitutions are in some
respects antiquated.
First to the judges, / am far
from believing that they have any in
tention to render unjust decisions, but
all their prepossessions run in one direc-
ton. Corporations pay the best fees,
hence every young lawyer hopes to be-
come a corporation lawyer. Practically
every successful lawyer is a corporation
lawyer. From this class our judges are
selected 1t is therefore perfectly natural
that they should look upon invested
wealth rs the one important thing i'll
the world. They naturally regard all
movements in favor of "life and libel'-
ty'' at the expense of property" as un-
holy combinations, to suppress which
as in the case Of dynamiters or armed
brigands-a court is justified in exercis-
ing all its ingenuity. 1t is this kind Of
ingenuity which our courts have made
use Of i'll the income tax and DCbs cases.
Another example occurred recently in
Brooklyn. An act Of the legislature for
bade the trolley companies to "exact
more than ten hours work day. from
their employees. The men were forced
to continue to work over IL hours day.
The county court decided that this did
not conflict with the statute because the
companies did not "exact" IL hours
work, for the employees could, if they
liked, leave their employ. This deci-
sion, Of course, absolutely nullifed the
legislative enactment. Still another ex-
ample Of legal prejudice is afforded by
the antitrust act. This act has never
been enforced against trusts, but it has
been distorted into an act against strik-
ers, and against strikers its provisions
have been carried out This piece of
legerdemain was the work of a court of
equity save the mark!
Second. But our constitutions, too,
are tritle outworn. As we saw in the
Hyattsville case, they sometimes block
the way to progress even when fairly
interpreted. Our national constitution
was at best triple compromise between
large states and small states between
slavery and free labor and between dem
ocrats and aristocrats 1t was adopted
by population of 5000, 900 struggling
along 200 miles of seacoast. 1t now
governs over go, 600, 600 people, and the
industrial condition of the world has
changed more since 1889 than it had in
1000 years before that time That the
constitution was Il masterpiece no one
can deny, but are we not expecting lit
tie too much from it under our vastly
altered circumstances? Does not the
dead hand rest somewhat too heavily ON
our institutions, and does not the earth
belong to the living?
The remedy for such shortcomings, as
l have pointed out, lies principally in
the spread Of true ideas, for the world
is ruled by ideas. We must build up Il
correct public opinion. The blind wor-
ship of the constitution should be rele-
gated to the limbo Of ancestor worship
and the fetish dance. We must insist
upon liberal construction and urge tho
preference of the rights of life and lib
erty to those of property The courts
would soon reflect healthy public
prin1pn ON those c,,hioctc rrlo,o ~,