The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-04-11

clared upon the authority of previous decisions
that there is a remedy in the courts for relief
against legislation establishing a tariff Of rates
stroy the value of tho property of the com;
Panies engaged in the carrying business, and
States treat such a question as a judicial one,
and hold such acts OF legislation to DO In conflict
With the Constitution OF the United statesi, as
out due process of law, and as depriving them
Of the equal protection Of the laws" i.
Mum VS.. Illinois, the legislative power of con:
troll, regulation, or restraint over railroad and
otnSS 9br rSsGsr bile cGI or ,nsnsc, 81 or IN miS SISppoI sn ~
private trading corporations; but, with all, def
erence, no such consideration can uphold the
what may be legitimate as to the particular in
dividuals or corporations before the court, but
what may DO done within the scope and inten.
ton of the statute, or be asserted under its
authority. We must judge the law by, what
1t pgirports to ordain as to individuals en-:
dividuals be deprived OF liberty, of contract
criminals for doing what is not injurious to tho
public and what has been declared for two cen:
turtles here and in England to be lawful and
proper Are thcy to be prevented from making
reasonable contracts In limited and partial re.
straint Of tradei The Trust act is entire and
be constitutions as to railroads and void as to
others coming within the legal, import Of the
Sg pl ahs eoar term in meysry i %fo %onls bs as 8 i strsnHs re.
suit II this act. believed by most people at the
time Of is passage not to apply to railroad cor.
clared to be valid only as to railroads. Tho
Trust, Act, II unconstitutional as to the contracts
Is E, w ia%lYid Toia a and P PriyHbts be s scs nsiss sorRPRRfis s poini
arose in the Trade mark cases, and 1t was held
that the act was wholly Unconstitutional and 1t
was set aside because too broad in its scope.
The constitutional question as to the power OF
Congress Is not mentioned in the opinion of Mr..
Justice Peckham in the trans: Missouri case, or
in tho dissenting opinion Of Mr.. Justice white.
In view. of tho vast Importance and far-reaching
effect Of this legislation as i now appears IN the
pre!ed in the dissent Of M. Justice Whi,e and
that a decision will be promptly obtained upon
the vital proposition whether, under the guiso
ably and arbitrariIy restrain Int trade az CONNER.
cial intercourse without violating the fifth
amendment; The present decision may, at any
rate, be explained and limited 80 as to remove
the grave danger OF misinterpretation and mis-
Theories or notions Of public policy, cannot
Icy OF one generation seldom remains that OF it's
successor, and tho prevailing opinion Of one sec
posed to that Of another. Fundamental rights
are not to be regulated by public policy, As has
never know where it will carry you. 1t NAV
pr pret s,l su Of p pnsIio q noiisy Is ener fa The cloak dh
or mask Of reckless politicians competing for
tho unthinking vote. II is the deadly weapon OF
socialism and communism. The very object of
constitutional restrictions is to establish rules
which cannot be varied according to the passion
or caprice OF a majority, or the public policy of
the hour. and to fix an immutable standard APP
plicable under all circumstances When the
Constitution speaks its voice must be needed.
though clashing with the views or wishes OF the
temporary majority. Nor can we protest too
strongly against the invasion Of the birthright
OF Americans upon any pretense Of public policy.
II not checked. the worst forms OF socialism will
breed under the superstition now rampant that
legislation is a sovereign cure-all for social ills.
WILLIAM ID. GCTHRIE
NEw YORK, April 10, 1897.