The Barre daily times. (Barre, Vt.) 1897-1959, 1908-03-09
Diversity Of Opinion Among Supreme
Court justices Suggests Nosd Of
Mere Modern Msthods--A Matter
For Serious Consideration.

i preme court OF the United States and
that unless 1t shall be the unanimous
decision and opinion OF that court the
law shall stand unless repealed by a
subsequent congress.
Ii will be remembered that the last
session or the Fifty.ninth congress
passed law commonly known as the
employers liability law. II is true
this law applied exclusively to EN-
pioyees OF the railroads engaged In In
terstate commerce. but 1t was the be-
4 ginning and entering wedge In the es-
adjustment of right principle An
employee was killed upon one OF the
railroads, and suit was entered by his
heirs for recovery Of damages. A fed
eral circuit court declared the law I'M
constitutional From this decision an
appeal was taken TO the supreme court
Of the United States. That court, after
hearing the argument and considering
The briefs, declared the employers la
bility law unconstitutional
Though the supreme court sustained
this contention Of the lower court, II
Is not amiss to call attention to the
fact that the supreme court, consisting
OF nine Justices, the majority Is,
five Of them-agreed upon the decision
OF the unconstitutionallty Of the law,
and four voted and expressed their
views Of its constitutionality that II
was not repugnant to the constitution
OF the United States.
1t is additionally interesting to know
that Of the FIVE Justices who declared
the law unconstitutional two OF them
agreed upon one line OF reasoning and
three on another upon which their con-
clusion was reached The four JUS
tees who dlssented from the majority
opinion and decision rendered three diff
ferent aud dissenting opinions
When the highest court Of our coun-
try, the supreme court Of the United
States, composed of some Of the very
best jurlsts In all the country. SO vital
" differ both III the majority and mi
nority opinions and IN the decision is
It not time that the people and the
congress of the United States should
fake this serious and important matter
under consideration and remedy most /
deplorabe condition?
Is law passed by congress, APP
proved by the president Of the United
States 10 compliance with an enlight-
ened public sentiment and In response 4
to the needs OF the people, to be nolens !
voIens declared unconstitutional by a
court 40 hopeessly divided as in the <
case in point and in many other cases
which have come conspicuously to the 4
notice OF our peopleT
OF course labor Is not and will not
become disheartened By the decision
declaring the employers liability law
unconstitutional Already efforts have
been made to meet and overcome the
courts adverse decision BY introduce
ing new bill IN congress. This course
will be followed by labor in all In
stances In which the vital interests OF
the working people Of our country are
concerned. II perchance any other
law may be declared unconstitutional;
affecting the rights and interests OF the
common people we shall still press
home upon our fellow citizens and con.
gress the need Of the times and hope
to find its expression into enacted law
The constitution Of the United States
was framed before the power Of steam
and electricity was dreamed Of, before
a steam vessel or railroad or telegraph
was known, long before the day Of the
machinery operated BIZ steam or cleo
tricity was in vogue, long before con
centration Of industry and the intro
duction OF the factory system Of labor
All these new conditions cannot be
stopped and must not be hampered in
their fullest development and fruition.
There are many old conceptions Of the
law and of the common law which
must conform to the era, to the zeit-
geist.
The toilers have the right to insist
that their lives, their conditions and
their interests be given further and
better consideration and protection by
expressed statute Jaw and that the
broadcast and most liberal interpreta-
tien be placed upon such laws; that
the courts created by congress shall be
Of their power to declare I'M
the laws enacted by their
creator, the congress OF the United
States, and that the United States SUI
preme court itself should not declare
unconstitutional law enacted by two
TO ordinate branches Of the govern
ment Of the United States. the congress
and the president. unless there be una
nimity Of opinion. Especially are they
justified in holding that law shah not
be annulled and shall not be held to be
to the constitution Of our
country when the opinions Of that
highest tribunal are so diverse and
hopelessly divided. This matter de-
serves the serious discussion and con-
sideration Of all our people, whether
they be wage earners or others
American Federauonist.
-
Charity Helped by Unions.
Professor Graham Taylor In an adj