The San Francisco call., 1905-05-10

which labor OF New York
The given that decision by the
the usties the statement in Justice Harlans dis
nng opinion that it the important decision ever rendered
by the Justice Harlan however did not reason out his
dissent He did tell why the majority opinion
constitutional question have reached the
upon left the dark by Justice Harlan
whose dissent have been based his belief that cons
fional question lacking in the issue.
But colleague Justice Holmes who also dissened has
upon the subject He admits the
of constitutional question: but attacks the construction put upon
the fundamental law by the majority of the court Justice Holmes
Oliver Holmes, who great literary char
full of the poetic imagination Reading the sons dissenting
opinion led believe that he has inherited the imagination
justified taking poetic license with the
fundamental his says "A constitution
x not Intended 70 ernbody particular economic theory whether Of
paterna the organic relation of the citizen the state Of
iasse are He denies the poprety OF strict construction and
that theories be read into the constitution
whether they agree with its letter or not
he has somewhat distinguished pre-
ceden for this view The legal tender decision of that court
versing by Justice Chase
d did upon the constitution at ALL but declared that
promise pay upon citizens legal tender in their personal
transactions By that decision contract made in gold became
payable IN the deprecated legal tender greenbak currency issued
by the Government In other words invaded the right OF
tract Mat tnal decision meant IS sun Ies @ enough G m t Pupnc
mind to make Taking the ground that the United States
could impair contract and compel its execution in deprecated
r the fast dying fires of the unsound money cult and
the years that followed 1897 kept the Treasury the point
OF collapse and the hundreds of millions OF dollars
Not keeping in view these consequences
of the constitution Justice Holmes
ALL but read into prohibition OF the freedom of
order "to keep up with the spirit of progress
This the dangerous doctrine that from
American that the sentimental view of majority
Of the Supreme Court only amend the constitution but
suspend annu and read that which
contradiction of its spirit and letter If majority of the
with the fourteenth amendment Justice Holmes
do likewise with of the constitution The four
teen amendment adopted for the avowed securing
life liberty property all of the rights
enjoyment If the aside the fourteenth amendment
and destroy the right of without which liberty mpo
sbe right live denied just easily
the thirteenth amendment
slavery There difficulty doing than the
other.
Indeed probable that the negro would
injured by judicial chae slavery than whites and
negroes jointly injured by being deprived of freedom of
which depends their enjoyment of liberty and life We
put stronger than of the when
right
right deny the right of live all If has
right to make individual contract for his work he has
able right work. and without work he sustain life and
perforce surrender it.
We presume Justice Holmes would reco from logical
projection of his opinion its inevitable consequence But he
the logic and propey that Except
royal decree France the right of individual written
nowhere except in the of the United
everywhere recognized primoda right inherent the
of with which only his labor satisfy.
Therefore the right labor and safeguard by
ura right and its protection the constitution simply that
line with the law of
There has always been debate between the strict
tudinarans But the claimed
dom OF construction line with the spirit and letter of the
stuion Justice Holmes the doctrine that the
drop construction entirely and read into the
principles antagonstc obvious meaning
Truly that the
trine it did in decision of the