The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1908-12-18


through test cases
The frequent occurrence in the
newspapers Of reports of court cases
in which the constitutionality Of law
is the main point at issue is proof that
the people of this country are not yet
definitely convinced as to what they
can and what they cannot do and II
there is no educational value in this
continual law-enacting on the one
hand and law-testing on the other,
then a large amount Of energy is be
ing expended to little purpose.-Ben-
nington Banner.
Certainly there is a demand for a
two cent ticket rate There Is also
a demand for free passes, but that is
no reason why a railroad should be
required by statute to furnish them
upon application. There is a demand
for free theatres, free ball games, free
Sunday excursions, free bowling al
leys, free street cars, free dances, free
boat rides and free camping grounds.
That is no reason, however why the
legislature should take the property
Of those engaged in those businesses
and turn it over to the public. Neither
is there any reason why they should
be required to lower their rates so
that a reasonable profit cannot be OBJ
tanned for their own support. The
idea is socialism, pure and simple.
The Banner man knows this perfect
ly we'll Let us say he charges 10
cents per inch for his advertising
space. The actual cost of setting and
printing the advertisement is under
five cents. Is not this an unfair and
unreasonable profit? Let us at once
proceed to legislate that the Banner
man shall be compelled by law to sell
his merchandise for seven cents per
inch 1t would not be sustained in
court but it would have an educational
value as showing how much money the
Banner man is making.
The rest Of the Banner article is
quibbling, pure and simple Having
been betrayed into endorsing an abb
solutely untenable and absurd posi-
ton, a position that would, If enacted
in general law, turn over the property
of every business man in the state of
Vermont to government control or
ownership. IT seeks to disguise its re-
treat by much learned nonsense about
what is constitutional and what is not
and the difficulty of the poor weak
legislators knowing whether his we'll
meant law will stand the test or not.
There are certain well defined prin
ciples underlying all law that the sim
plest man can understand. Law after
an, is not such q fearful and wonder
ful thing as the iurists make out II
is founded, originally on eternal right
and even the twisting and contention
Of clever quibblers cannot always dis
turb it. Here is one vital and under
i lying principle. as set forth In the case
originally quoted in this paper
A provision in the charter OF a rail
road company giving it the right tC
fix the rates Of fare on It's road. with
In certain limits. constitutes a con
tract between the state and the cor
poration
State legislation reducing the rate
8 OF fare on a railroad below what vii
! permit the railroad company to earl
j the reasonable income on the capita
2 invested is In violation of the -Four
] teenth Constitutional Amendment, a
a taking Of property without due pre-
! cess Of law.
{ This embodies certain constitutions
!. rights that have nothing technical o
p esoteric about them. They are fund.-
4 mental They are set up Just as niue
e for the protection OF the individual a
e the corporation. They declare, in e
G feet, that the state cannot take ava
I property without due process Of Law
Where would the small and weak b
in relation to the great and powerf'
II some such protective, underlyin
principle were not In operation?
F. The idea OF assailing property. {
n attempting o,assail IT, without caus
y is Just as dangerous In It's way as n
e proposal OF the MARKHAM phllosoph,
n who would hold all things In connie
d and deny men the tangible rewar,
d OF honorable success
Is The legislature OF Vermont will &
u Itself into serious difficulty II It undo
'r takes to follow such teaching as tn
re Banner man processes. and falls
Id practice. Rutland Herald.
u Capital Punishment.