The twice=a=week herald. (Amarillo, Tex.) 1887-1906, 1906-08-31

INV hhi WV " NAoh Wv NNAhNANg 10
toward growing inequality He
points out a tendency, which he de-
scribes as universal In all the Western
world, to restrict the right OF con-
tract, In his Words
at takes many forms. It creates
whole classes OF persons who are re-
garded as abnormally weak, II not IT.
responsible. The idea Of equality be-
fore tho law =" becomes fainter.
The exceptions were once few. Lun-
atics were, for most matters, at all
events, regarded as incapable of con
tracing; minors were so for some;
and eXpectant heirs were, in certain
circumstances, unfettered Now the
list of such classes is much enlarged.
The borrower cannot bind himself
as against the money-lender; the
court enables him TO break his word,
He who gets bill of sale finds II in
operative unless II satisfies certain
conditions. Farmers are protected
against themselves, The Irish tenant
Is encased in legislative armor against
his own weaknesses. The expanding
field OF labor legislation contains
many such provisions. Workmon and
seamen, factory operators and min
ers, cannot contract themselves cut
Of many provisions established for
their benefit In several European
countries the working day OF grown
up men is limited by statute. RVl-
ways and many corporations are sub
ject to restrictions from which they
cannot be released by contracts. II
would seem as II, instead of The ago
of status being over We were rapidly
returning TO IT. Hegel said that in
legal restriction lay true freedom It
is the working creed OF most lesisla-
lures"
If, then, socialism is the subordin-
alton Of the individual to the state,
over-legislatlon is Its outward sign
of progress, because only thus can the
dominance of the state be empha-
sized, even when It canot be enforced
because abhorrent to human nature,
the doctrines OF our religion and the
DEGREES OF God. State dominance Ia,
however, no new phase in the history
of man, and>the attempt 70 satisfy 1t
by means Of flaws PASSED by popular
assemblies does not Seally differ SER
iously from tho previous efforts made
by despots, benevolent or cruel, or
by Napoleonlc or Russian imperial or
ders. This tendsnSs Ahust, however,
account for much OF the tentative, or.
as il is sometimes called, experiment
tai legislation, { lcted year after
year. Even the private and special
laws fall easily into this category, be-
cause, If It is possible TO restrict the
liberty of contract or action of classes
1t is certainly legitimate and inevi-
table to employ the same method when
dealing with isolated individual Aom-
munities or groups, or even interests.
Once the distinction between those
rights purely public, half public or
wholly private, is lost, the circle rap
idly enlarges and becomes both COM
plete and vicious.
Legislation of this order is promot-
ed in many ways. One of the most eff
ficient agencies Is popular clamor.
This may be produced by the dema-
gogue, whose interest it Is to make
the part appear to be the whole. 1t
may be started by the robbery of a
savings bank, or by adulteration on
the part Of some manufactures, or
dishonesty by the head of business
corporation, or in any one Of hun
dred different ways. Such an agita
ton will naturally be encouraged by
sensational newspapers and by the
oftentimes scarcely less sensational
pulpit. AS 1t goes on 1t gathers force
until it passes into one or the other
of the many forms of that hysteria
which demands nothing so much as a
victim. In such period the recur-
ring session Of a legislature comes in
its due course, or an ambitious or
sympathetic governor calls an extra
session. Thus dozens of useless laws
are placed upon the statute books,
every one of which cholSes the chan
nels of justice.
Another fruitful source Of legisla-
ton is the neglect or failure to en-
force existing laws. A lax public
sentiment, plus an Incompetent ex-
ecutive, renders of no effect a whole
some law until the breaches of it be-
come so numerous and offensive that
an aroused and indignant public SEN
tlment demands relief. The result
often a demand for further leglsla-
ton, because it is enormously as
sumed that the wrong suffered by the
public could not have happened haL