The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-08-31

bulk of legislation in this country and
the British colonies, and has also ex-
pressed the opinion that the tide has now
turned, so that the tendency is toward
tendency, which he describes as univer-
sal in the western world, to restrict the
right 81 contract. In his words:
1T takes many forms. 1t creates whole
classes of persons who are regarded as
abnormally weak. if not irresponsible.
The idea Of equality before the law
becomes fainter. The exceptions
were once few. LunaticS were for most
matters. at all events, regarded as inca
pable of contracting; minors were so for
some; and eXpectant heirs were. in GER
tain Circumstances. unfettered. Now the
list or such classes is more enlarged. The
borrower cannot bind himself as against
the money lender; the court enables him
TO break his word. He who gets a bill
OF sale finds il imperative unless IL sat
titles certain conditions. Farmers are
protected against themselves. The Irish
tenant is encascd in legislative armor
against his own weaknesses. The eX-
panding field of labor legislation con-
tainS many such provisions Workmen
and seamen, factory operators and min
ers. cannot contract themselves out of
many provisions established for their
benefit. In several European countries
the working day Of grownup men is lin
tied by statute Railways and many cor
poTations are subject to restrictions from
which they cannot be released nv CON
tracts. 1t would seem as If. instead of
the age Of status being over we were
rapidly returning to il. Hegel said that
in legal restriction lay true freedom: it
is the working creed of most legisla-
lures
Outward Signs of Progress.
If. then. socialism is the subordination
of the individual to the state, over-legis-
lation is its outward sign Of progress. be-
cause only thus can the dominance OF the
state be emphasized. even when il cannot
for IL.
nature. the doctrines Of our religion and
the DEGREES of God. state dominance is
however. no new phase i'm the history of
man, and the attempt to satisfy il by
means of laws passed by popular assem-
blies does not really differ seriously from
the previous efforts made by despots
benevolent or cruel, or by NapoleOnic or
Russian imperial orders. This tendency
must. however. account for much of the
tentative. or. as il is sometimes called
experimental legislation. enacted year
after year. Even the private and special
laws fall easily into this category. be-
caUse, if II is possible TO restrict the lib
erty of contract or action of classes it is
certainly legitimate and inevitable TO en-
ploy the same method when dealing with
isolated individual communities or groups
or even interests. Once the distinction
between those rights purely public half
public or wholly private. is lost. the cir
Gle rapidly enlarges and becomes both
complete and vicious.
Legislation of this order is promoted in
many ways. One of the most efficient
agencies is popular clamor. This may be
produced by the demagogue. whose inter-
est 1t is to make the part appear TO be the
whole. II may be started by the robbery
of savings bank. or by adulteration on
the part OF some manufacturer or dis
honesty by the head of a business corpo-
ration or in any one of hundred differ
eat ways. Such al agitation will natural
ly be encouraged by sensational newspa-
I,ers, and by the oftentimes scarcely less