Emmons County record. [volume] (Williamsport, D.T. [i.e. N.D.]) 1884-current, 1908-12-10

ltudeusssue slsevsA - given eRect by the
courts, ave In the extreme ana ex-
cepti0nal cases where there has been
q clear violation Of a constitutional re-
provision. Anything like friv"hty OF
"antonness in upeetting sucn clearly
taken governmental action ID z grave
offense against the republic. To pro-
test against tyranny, to protect minor.
tiles from oppression, to nulltfy an acs
! committed In q spasn OF popular
fury, IL to render 4 service 10 the re-
public. But for the courts to arrOgate
to themselves functions which proper :
" belong to the legislative bodies ia
| all wrong. and in the end WORKS ms
chief. The people should not be per-
mitted to pardon evil and slipshod leg
/ will SET II right; they should he taught
that the right way to get rid of bad
law is to have the Legislature repeal
It. and not TO have the courts by in
genious haiisplitdng nullify It A law
may be unwise and improper; but II
should not for these reasons be de
ciared unconstitutional by q strained
interpretation. for the result of such
| action is tc take away from the people
Mt large their sense of responsibility
ard ultimately to destroy their capac-
ity for orderly self restraint and self
government. Under such popular
government az ours, founded on the
theory that in the long run the will OF
the people 10 supreme, the ultimate
safety OF the nation can only rest In
treining and guiding the people 30 that
what they will shall be right. and not
In devising means to defeat their will
by the technicalities of strained con-
struction.
For many of the shortcomings of
justice In our country our people as Y
the judges and juries merely bear their
share together with the public as q
whole. It is discreditable to us as a
people that there should be difhculty
in convtcttng murderers. or in bring
Ing to justice men who. as public SER
wants. have been guilty Of corruption.
or who have proflted by the cOrrup
ton Of public servants. The result 10
equally unfortunate. whether due to
depreciation of law by judges, to sem
timentality and class consciousness on
the part OF juries, or to hysteria and
sensatiOnalism in the daily press For
much of this failure of Justice no re-
sponstbility whatever lies on rich men
as such. We who make up the mass
OF people can not shift the responsible
tty from our own shoulders. But there
fs an important part Of the failure
which has specially to do with inabil-
tty to hold to proper account men OF
wealth who behave had1V,
The chief break down 10 in dealing
With the new relations that arise from
the mutualism, the interdependence of
our time. Every new social relation
oekets new type OF wrsngdoing-o
I'm. to use an Old fashioned word-and
many years always elapse before 80
,iety IL able to turn this sin into crime
which can be effectively punished at
aw. During the lifetime OF the older
men now alive the social relations have
'nanged Tar more rapidly than In the
preceding two centuries. The immense
!rOwth OF corporations, Of business
lone by associations, and the extreme
train and pressure OF modern life.
ave produced conditions which rem
Ter the public confused as to who its
eally dangerous foes are; and among
ne pubic servants who have not only
'nared this confusion, but by some
nelr acts have increased Il, are certain
uoees. Marked tnefhciency has been
snown In dealing with corporations
lna ~ resettling the proper attitude to
corporations, but towards labor, and
towards the social questions arising
out OF the factory system. ma the
enormous grswth Of our great cities.
The huge wealth that has been &C.
cun,r!sted ~ few individuals OF re-
soc1ai and industrial revolution. has
been az regards some Of these fndi-
vfdlials made possible only by the i'm.
proper use of the modern corporal Ion.
a certain type OF modern corporation,
with it, Oncers and agents. its many
issues Of securities. and its constant
with allied undertakings,
Itnaily becomes an instrument so COM
pick AZ TO contain greater number
Of elements that. under various Judi
rtal decisions. lend themselves to fraud
and oppreeetoe than any device yet
evolved In the human brain. Corpora
tons are necessary Instruments of
business. They have been
permitted to become menace largely
because the governmental representa-
tives OF the people have worked slowly
IN providing for adequate control over
them.
The chief offender in any given case
may be an executive. legislature, or
a Judge. Every executive head who
advises violent. instead of gradual. ac-
ttQn. or who advocates ill-considered
and sweeping measures Of reform les
peciAlly II they are tainted with vim
dictiveness. and Disregard for the
rights of the minorityD IL particularly
blameWcrthy: the several legislatures
are responsible for the fact that our
laws are often prepared with slovenlv
haste and lack Of consideration. More
over. they are often prepared. and still
more frequently amended during pas
sage. at the suggestion of the very par
ties against whom they are afterwards
enforced. Our greaf clusters of cor
p"rations. huge trusts and fabulously
wealthy multtmilliOnaires, employ the
very best lawyers they Gun obtain to
pick flaws in these statutes after their
passage; but they also employ class
OF secret agents who seek. under the
advice Of experts to render hostile
legislation inEocuous by making il nn-
constitutional. often through the in
sertion OF what appear on their face 10
he drastic and sweeping provisions
against the interests OF the parties I'M
spring them: while the demagogue.
the corrupt creatures who introduce
Matchmaking schemes to strike" cor
porati0ns, and all who demand ex-
treme. and undesirably radical meas
ures. show themselN 80 to be the worst
! enemies Of the very public whose loud
mouthed champions they profess to be
A very striking illustration OF the con-
sequences OF carelessness In the prepa
ration Of statute was the employers
liability law of 1906. In the cases arts
ing under that law. four out of 81,
courts of first instance held 1t uncon.
stitutional: six out OF nine justices OF
the supreme court held that its sub.
ject- matter was within the province Of
congressional action: and four of tn,
nine justices held 1t valid. 1t was
! however, a6judges1 unconstitutional bS
bare majority Of the court-five t.
four. 1t was surely very slovenls
piece of work to frame the LEGISLATION