Bisbee daily review., 1904-07-12

touching the style of architecture, quality of materials. character of workingmen and rate of compensation that they will offer for the work to be performed.
 This opinion, however. in chiefly no- table for the firm line whica he draws between legislative and jddiciai rights:
 IL may not be wise for a Legislature to discriminate as to its public work in favor of it's own interests, but whether it be or not the courts have no right to inquire, for they are without author ity to correct statute even if in their judgement it be founded on an er- roneous view of sound principles of sound political economy A statute is | law, which the courts must both obey and administer unless it violates eith- CT the Federal or State Constitution, in which even it is void. and as the courts what the law Is. they may so declare. But when. as in this case, the statute complained of relates only | 10 the administration of the business | affairs of the State, it cannot, 1 think, be said to offend against the corn- l merce clause of the Federal Ccnstitu- tion, for through it the Legislature is but exercising the right of choice that belongs to the people as a whole as well as to the individual proprietor. Could there be greater contrast to President Rooseyelt's rough-riding over coordinate branches of the Gov ernment than is offered by Judge | Ipc,, aarfer <.ls ~c | ha tations of the power Of even the high- l est court?
 i An opinion cCncurring with the judg. : nent of the majority of the Court of Appeals shows the judicial balance of his mind A firm of druggists sued the national association of their trade 10 restrain it from giving rebates to 1 its members while charging the reg ular price to outsiders. It was charg- ed that this was "a combination in re- straint of trade Jude Parker sad It will be seen,. therefore, that this is a controversy between opponents in business. neither side tyring to help the public. Nor will be public be the gainer by the success of either. The motive behind the action of each party I Is StAl--EAH. IL lS lIG USUAL ulOlsEE that inspires men to endure great
 hardships and takes enormous risks that fortune may come. In the sIrug- gle which acquisitivencss promV,s. but little consideration is given 10 tho SC
 who may be affected adversely Am
 within my legal rights2 is os nea- to the equitable view as competitors in
 business usually come. When one
 party finds himself overmatched by the
 strength Of the position of the other Ee
 looks about for aid. And quite often
 he turns to the courts. even when ke
 has no merit of his own, and makes
 for himself for the time being the pre-
 tended champion of the public welfare
 in the hope that the courts may be de
 ceiyed into an adjudication that will
 prove helpful to him.
 ! Now, while the courts will not heSi-
 tate to enforce the law intended for the
 protection of the public because the party invoking such protection is un.
 worthy or seeks the adjudication for
 selfish reasons only, they will be care
 ful not to allow the process of the
 courts to be made use of under false
 cry that the interests of the public are
 menaced when it's real purpose is to
 strengthen the strategic position of
 one competitor in business as against
 another.