The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1896-06-04

/ Ell duu CnlluItH WHO udVO won tIe
lawsuit, and that it is their interest and
ambition to be allowed to work "a hours
% day.
Now, what class of the community
has been protected by these three deci-
sions? In the income tax case il Is the
class whose incomes are over 1000
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 tho Continental Trust COM
pany.
In the Hyattsville case protection is
afforded to landlords
In the Illinois eight hour case il 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 5000,
there is a plow factory and numerous
cigar factories where children work for
g. 90 and So. 90 week of 10 and 12
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 single
! judge to imprison q 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. AS 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-
tion. Corporations pay the best fees,
hence every young lawyer hopes to be-
come n 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 in
the world. They naturally regard all
movements in favor of life and liber-
ty" at the expense of property" as un-
holy combinations, to suppress which
as i'll 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 in the income tax and Debs cases.
Another example occurred recently in
Brooklyn. An act of the legislature for
bade the trolley companies to "exact
|
their employees. The men were forced
to continue to work over 12 hours day.
The county court decided that this did
not conflict with the statute because the
companies did not 'exact" 12 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 trifle 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 1000 miles OF seacoast. 1t now
governs over 90, 900, 900 people, and the
industrial condition Of the world has
changed more since 1889 than it had in
1900 years before that time. That the
constitution was a 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
have pointed out, lies principally in
the spread Of true ideas, for the world
is rUlod by ideas We must build up u
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 the
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