The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1905-05-05
TO cURTAA LEGISLATIVE POWERS.

NQuarter Ii am. Quarter ~ pm
TO CURTAH LEGISLATIVE POWERS.
a recent decision of the Supreme
Court of the United Stakes is particu-
larly interesting at this time for OBJ
vious reasons. 1t will be recalled
that during the campaign. last fall,
attention was called to the fact that
Judge Parker was a fri en- d of the
laboring man inasmuch. as he had
filed a strong and logical opinion
holding as. CONSTITUTE onal the law
which prohibited bak ers from work
ing more than ten hours day. This
case was afterwar DIS carried to the
highest court in tie land, and Judge
Parker and his SSociates have been
reversed Ill 4 recent decision deliv-
cred by Judge Peckman. Neither
court was unanimous, and by a
strange coincidence fourteen Judges
in all have passed on the question
and there have been collectively at
the two different times seven on each
side. This shows that there is room
for a wide diversity of opinion on the
much mooted question.
The particular interest to the coun-
try at large is the limitation of police
powers by the Supreme Court of the
United States. Heretofore there has
been a very liberal Interpretation of
the scope of this authority, and
courts have been prone to disturb
any state legislation that held its
actions within reason. For instance,
there are very stringent hygienic
laws that have always been upheld
on the grounds of public policy. In
the State of New York there are laws
regulating even the cooking utensils
IN bake shop, and Judge Parker
took the grounds that it WAS a mat
ter of public health and that the Leg
islature could say how long a man
should labor.
In the majority opinion of the
United States Supreme Court, Judge
Peckham says thatin this particular
case the limit of police power has
been reached and passed and that
there was no reasonable foundation
for holding that this was necessary
as health law. The court recog-
nizes the somewhat vaguely termed
police powers" but makes strong
point that these powers are limited
by the Fourteenth Amendment, which
provides that no state can deprive
any person of life, liberty or property
without due process of law. This
liberty cannot be denied unless its
exercise is clearly shown to be a
menace to the health, safety and gen.
eral welfare of the people. In declar-
ing this law unconstitutional, the
Supreme Bench reserves to the courts
the express right of deciding what is
a menace to health instead of max
ing it a legislative function.
The dissenting opinion prepared by
Justice Harlan is entitled to great
weight, having, as it does, the sup
port of two other judges. "The rule
is universal" says Mr.. Harlan,
"that legislative enactment, Fed
eral or state, IS never to be disre-
garded or held invalid unless it be,
beyond question, plainly and palpa-
bly, in excess of legislative power"
He goes on to say that if there is
doubt as to the validity of a statute,
that doubt must be resolved in favor
fits validity, and the courts must
keep their hands of, leaving the Leg
islature to meet the responsibility Of
unwise legislation. He further says
that to decide this law to be in con-
hict with the Fourteenth Amendment
is to extend the supervision of the
court and curtail the responsible
power of the Legislature. The result
he believes will be mischievous, for it
will seriously cripple the inherent
power of the states to care for the
lives, health and we'll being of their
citizens.
Running through this case can be
seen the oft debated question of
States Rights that never has been
settled except by the bayonet. From
the position of the Supreme Court it
is easy to see that even now there is
strong disposition to recognize the
contention that the rights of the diff
ferent commonwealth to absolutely
control their own internal affairs is
inherent from the Organic Law that
only made them one for mutual pro.
lection should grave situations re,
uuire such combination.
DEMOCRATS CARRY BALTIMORE.
The election in Baltimore City or
Tuesday was triumph for the Demo
cratic party in both branches of the
City Council. All three of the loans
were also adopted by maioritie.
ranging from II 900 to 5000. The