The Montgomery advertiser., 1908-05-03
The Latin and the Anglo
 Snxon Ideals of the LaD


 sequence, although the natural condi- tions of state may be inviting, its soil most fertile and it's undeyeloped resources rich and varied, yet capital will view its statutes as a bird or prey and will not risk itself within the stranglehcld of It's talons.
 If on the other hand the law is conceived in conservatism, enacted in wisdom and administered in justice. 1 repeat. 1t Is a stasding invitation--the open door to capitai--and it will enter it's portals to aid In developing its la tent resources. in constructing indus trial and manufacturing enterprises. and furnishing adequate transportation facilities. and thereby contribute it's share towards broadening ana strengthening the three pillars of ad-
 vancins civilization, the home. the church and the school. If the law bars the door against capital 1t cannot leave 1t afar to Ia Dor. for when capital is scant or idle, labor is unproductive and uncompen- sating.
 Capital and labor are therefore
 bound In bonds of common union in favor of laws that are wise, conserva- tive and just to property rights. But let me observe that no law will be interpreted as an open and just in- vitation to capital unless 1t fixes at least the minimum of property rights, unless it enacts at least the quantum
 of it's protection to property interests.
 and thereby serves notice upon those who would confiscate and destroy: Thus far shalt thou go ana no turtn- CT"
 The low of any State which does not fix and establish the minimum of property rights unwittingly or reckless ly leaves ajar the door for the tnfiic- toe taN ~fnt ~N imum wrongs.
 Therefore there can be no just and
 intelligent invitation to capital nor
 will such invitation long attract it's investment unless the law fixes at least the minimum of property rights which temporary frenzy cannot blight
 nor conhscation lay it's black and dead
 ly hand.
 But the law must not only fix the minimum of property rights to stay
 the thoughtless or, yenal. but it must leave the entrance to all it's courts
 equally open and free to every Iitigant.
 This is the primal constitutional right
 of every American citizen, either na-
 tural or artificial and no enactment
 can mature into a law which seeks to. close with partial hand the avenues of It's courts against the assertion and declaration of individual and property
 rights either by direct provision or by prohibitive penalties, and sooner or later this principle will be made clear and finally established. and the
 sooner 1t Is established the sooner it will, lift the shadow of it's threat
 ening pail from any section which may seek to this extent to annul, by
 Legislative enactment. this constitu-
 tional guarantee and close it's courts to certain classes of litigants. Speaking more specifically. the recent
 enactmentsy affecting the properties which we represent have in the past few years undergone abrupt and radi-
 cal changes. 0
 The old law. as a rule. applied to railway companies just as 1t did to
 all other corporate properties It left the operation, and management of these properties to their owners. but sought | to control them by just and reasonabls l limitations.
 The spirit of the old law encouraged individual and corporate initiative,
 energy. Judgment, skill and manage
 ment. and regarded 1t with such re-
 turns and profits as 1t could earn with
 in reasonable legal limitations.
 This basic principle has ever been
 the cornerstone of the Anslo-Saxou system of legal jurisprudenca and has ] waged long and continuous warfare against governmental paternalism-- l lDe kaLat DllknL or tnS giSALln system. s
 The recent enaetmentS relating to
 railway properties. however. are no | longer content to declare and forbid unjust and unlawful acts. and to regu- | late and restrain them within fixed and | legal limitations. but they would super
 sede their charter rights and stand
 aside their bylaws and take over in
 every detail the management and op. efation of tn ese properties--they would | Td Fa a nf1 q m | take off trains--prescribe and cancel
 schedules and train service, install spur and sidetracks, require the construc- | tion and removal of double tracks and extensions. compel physical connection with other lines, continue and discon-
 tinue depots, formulate the movement
 of passengers and freight. authorize | their financial arrangements, originate I their physical operation, direct and re- ! quire their contractural ngagements, 1 dictate their method of accounting, and 1 in fact these recent enactments have
 passed from q negative authority to control, regulate and restrain and
 would resolve themselves into, an af- frmative assumption to initiate. to
 direct and to manage in detail railway properties.
 In this abrupt and radical departure from the old landmarks of the law
 thes enactments would assume, the en- tire management of these properties, without investment; take over the com-> plete direction of their physical and financial operation without liability, originate or cancel their contractural obligations without responsibility. and
 direct in detail their physical, Financial and contractural management and op-
 eration without risk, charge or cost. This would seem to be illegal. for there can be no legal divorcement be- tween investment and management- no separation of mismana cement from liability, no contractural relation with out its consequent obligation, and no
 exercise of physical and financial diree- tfon of property without responsibility
 and with complete immunity from all loss. risk. charge and expense. By the same token and upon the same terms similar enactments could take
 over the management and direction of the physical and financial operation of the mineral and mining plants without investment. liability or risk. because.
 forsooth. their supply is drawn from the bosom of the earth; and, likewise.
 take over and assume the mana cement and direction of the textile and manA-
 featuring establishments because they ciothe mankind;f and the lumber inter- ests, because they furnish building ma terial for the homes of the people. and
 too. of the fertilizer plants. because they are essential to the crops of the
 country, and of insurance companies,
 because they are interwoven into the
 lives and property of the people; and
 thus. with the precedent established, the trail of paternallsm would sooner