The Montgomery advertiser., 1906-09-01
CALLS LAW VIOLATION
 OF U. 5. CONSTITUTION

ion that a decision upon thiss demur-
 Ter controls the whole. and. therefore.
 VII bs take f,b up that SSssii0n tbs Con-
 stti,tution of the United States pro.
 of life. liberty or property, without
 division 3. of the Constitution. pro-
 vides that The Congress shall have
 the power to regulate commerce with
 al Stat States. % and with m the % inalan sns triSes sfD
 This certainly gives. the Con-
 sess gress oower to regulate commerce
 give Congress s the poWer S to ouf presoribe esor
 the character of contracts between
 common carriers and employees? The
 5th amendment to the Consultation. we
 shaii be deprived of life life. liberty % s' 'or or property. without due process of law
 Does the right to contract by a com
 within the scope of this amsndmentf erty" are representative terms, and
 govern every right to which q mem the law, within their comprehensive scope are embraced the right of self
 defense. freedom of speech. religious arbitrary arrest. the right to buy and sell as others may.--all our liberties, personal. civil and political.--in short. all LHat lUakES tiIs WOEIn iiNHt&s anu Ot ncne of these liberties can any one be deprived except by due process of law--2 Storey Con. Linn. Ed. Sec. 1850. Tt seems. therefore. that the power and employees comes within the mean ing of this amendment. The law of the land and due process of law Is defined mouth College case to be By the law ot the land Is most clearly intended the general law. law wrich hears before 1t condemns. which proceeds upon in- quiry and renders judgment only after trial The meaning is that every citi- zen shall hold his life, liberty. prop erty and immunities under the protec-
 tion of the general rules whicn govern under the form of an enactment IS nor therefore to be considered the law or the land.--fCooleys Con. Linn 6 ed. 431. .)--After all. Congres Ia but the
 Agent of the People authorized to pass | laws in conformity with the constitu- tion. and whenever any law IS passed which does not confer herewith. or IS repugnant thereto. that law is void.
 T recognize the rule as before stated. I that in testing the validity or an act | of Congress. that courts shall pc care full in their construction against It's va 1 iidity, and not declare au act void un- less there clearly appears an invasion of some constitutional guaranteea' !
 have. therefore. been slow to make @ up
 an my sxamlnation mnnn pH of the Authorities. I | find that nowhere Is the right to make contracts prohibited or abridged unless l it be against public policy. or aSainss | the general welfare. etc.
 Act Invades Constftuff0n.
 Tt is further contended that Con-
 TTess gre fftb nsaasad naInsndment of the constitu- | lion when it prohibits an employer from entering into contract wltn an | emniove not to join a labor organisa- | tioIl. association, etc. It seems that an 1 individuaI has a right to employ whom soever he desires, or refuse to employ | one whom he does not desire, anu | should not be compelled to give any reason for so doing.
 Hardship to Employer.
 .eThe law looks upon the acts or coE- I porations as they do those Of an inol- 1 vidual; and, in that connection per son seeking employment may nave in 1. | terests antagonistic to his employer, lt | eertainlv would seem hardship that I Congress could pass law compeIllns 1 an employer to give employment 70 | one so gitliated. If that were so COD : gress could also compel an employe 10 1 labor. against his will, for an employ. ] CT against whom he had grievance. lt ] is contended, however, that since Con gress has the power ito regulate com nerce between the States" that 1t mas 1 the power to make rules governing tne 1 details of such regulation, do not | th.ak that the Constitution intended t9 give Congress this poWer tor IF f l' ain I it could say what certain kinds of tel l eRraphic instruments should pc useo | by a common Carrier. It couid say