The Saint Paul globe., 1900-03-18

BATTING DEPARTMENT STORES.
Out of socialistic tendencies of our
time, born of the trust conspiracy and OF
the paternaf theory in government, there
spring from time to time events which
show how true the ordinary American
mind still remains to the original social
OF representative government on this con-
tinent. Individualism, the great distin-
gushing tenet of Jefferson, and the rec
ognition Of which in the framework of
our government is due to him, is not yet
dead In the minds of the people. The
right to do and to avoid doing, without
government interference so long as 9th
ers' rights are saved, is too valuable a
principle. and is too deeply imbedded in
American conceptions of liberty to be
easily removed.
On the theory that in some vague way
they are monOpolies, raids are made from
time to time on the department stores.
The latest raid was made in st. Louis.
Prior to that one it was Chicago, which
gave Us the example. The Illinois courts
made short work OF the mere fable that
1t was necessary as police measure
that the department concerns should be
regulated" out of existence The Mis-
souri courts have not been long in avow-
ing similar doctrine. The only difference
in the two cases lies in the fact that the
supreme court of Missouri was much more
luminous and decisive in its character
ization OF the kind of legislation which
was designed to drive the department
stores out of existence than was the
Illinois tribunal
In the Missouri warfare or the depart
ment stores the plan adopted was to di-
vide merchandise into seventy-three
groups or classes. and to provide that no
person or corporation should sell at re-
tail more than one of these groups with
out having first secured a license to do
so. Then. to show the purely police char
acter Of the measure, nobody was per
mittcd to get a license on the payment OF
less than $500.
Now here is the way in which the court
disposed of this remarkable piece of penal
legislation. Said the presiding judge;
''In order to sustain legislation of the
character of the act In question as
police measure the court must be able
to see that its object to some degree
tends toward the prevention of some
Offense or manifest evil, or has for Its
aim the preservation of the public health
morals, safety or welfare If no sucl
object is discernible. but the mere guise
and masquerade Of public control. under
the name of an act to regulate bus
mess and trade. etc." is adopted that
the liberty and property rights of the
citizens may be invaded, the court viii
strike down the act as unwarranted
Mere legislative assumption OF the right
to direct and indicate the channel ahC
course into which the private energies Ol
the citizen shall flow, or the attempt tc
abridge or hamper his right to pursue
any lawful calling or aVocation which he
may choose without unreasonable regula.
tlon or moleStation. has ever been con,
demned in all free governments.
Notwithstanding the advent of a mum
Der of strange doctrines of late concern
ing the sphere Of governmental author
ity. the government of the American peo
pie Is still free. Nor will 1t ever cease
to be free as long as It's courts are pre-
pared to vindicate the Fundamental
tenets of civil freedom as one at least OF
such tenets is asserted and vindicated II
the foregoing expression of judicial opin
ion.