Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1904-09-06


private parties.
Il deem it safe to say that such
construction will surprise the members
of the convention that recommended
the constitution of the people for adOp-
ton as we'll as it will surprise the pub
lie at large. for the prOpriety and wis
dom of the provision in question was
the subject of much discussion in the
public prints and elsewhere at the time
of its submission to the people. On the
one hand it was urged as most I'M
just that labor employed in manufaC-
turing should be subject to the compe-
tition of unpaid. compulsory enforced
labor, while on the other it was strenu-
ously insisted that the burdens of the
taxpayers should not be added to by
restraining the convicts from con-
tributing in whole or in part to their
own support.
That the provisions have been here
tOfOre read by those charged with the
administration of the affairs of prison
and those engaged i'll a consideration
of the question from the standpoint of
public interest. according to the natur-
al and ordinary meaning of the Ian
guage employed, seems to me demon
strated by the opinion of Judge Bart
lett. | shall, therefore. assume that
the people of the state have forbidden
the selling of articles manufactured in
our prisons for the reason that they
deem it to be against a sound public
policy to permit some of the citizens
of the state skilled in certain kinds Of
labor to be subjected to competition
with the unpaid labor of convicts.
1T is now too late to consider the
subject generally from the point of
view of the political economist, for the
people, in whom reside all power. have
set at rest that question so far as this
state is concerned. This statute Meth
er prohibits nor Attempts to prohibit
| other states, or the citizens of other
states, from putting prison made goods
upon our markets; nor does it prohib-
it our own citizens from buying or
selling them; if it did. then. conceded
ly. the statute would be in violation
| of the commerce clause of the federal
constitution and void: il simply re-
| quires that priSOn-made merchandise
shall be so branded that our citizens
shall know where the goods they are
| buying were made.
| This they have a right to know, for
| they voted 10 burden themselves with
additional taxation rather than longer
70 permit a competition which they
regarded as a public wrong. and they
| are. therefore, entitled TO such legis
latiOn as will permit them 10 know the
| fvrr-
them for sale. in order that they MAJ
not. through lack of information. have
forced upon them that which they
would not buy advisedly. The com
merce clause of the federal constitu
ltion does not stand in the way of theiI
having such information inasmuch as
the constitution of this state cstab
fishes a public policy in the working
tout of which the legislature may &c
to this extent at least under the police
power of the state.
! The decisions of the United States
supreme court in the oleomargarint
and other cases. some of which are
referred to in Judge Bartlett's opinion
furnish adequate support for that as
sertion. They establish. generally
mat commerce between the states MAY
be regulated TO some extent under the
police power of the state. which in
cludes. among other things. efforts tc
prevent fraud and deception on pur
chasers. In view of the public policy
| declares by the people of this state
Through their constitution | am of the
topiniOn that this statute is well within
1.-THE police power of the state. anC
therefore, under the decision in the
Slaughterhouse cases. not repugnanr
TO the federal constitution.
| Il concur with Judge Bartlett for Z
reversal OF the judgment"
| Pink cheeks and golden hair.
| a,-ae Fy,FI