The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-12-29
A JUDGES VIEWS.

'"Ss~N' tOtci - SiOSSCup VI CDlCdSO,
Judge of the United States court of
appeals, contributes the leading
article to the North American Review
for December. Judge Crosscup IL will
be remembered, was the one who set
aside the famous twenty-nine million
dollar fine assessed against the
Standard OIL company.
The article begins with reference
to the time about seven years ago
when the attention of the people be-
gan to be directed to the encroach-
ments of those Interests" OF which
he says they lean on the government
for something more than mere gov
ernment and the administration of
Justice" His judgment on this period
is that Z has been a period of senti-
ment chiefly with no practical re-
suits or hext to- none. The trusts are
more firmly established than ever,
high prices have mounted higher
tariff revision has been upward in
spite of the fact that a president was
elected on an express promise of
downward revision.
The first promise of the new ad
ministration thus broken, "Is it not
time to inquire where we are?" BY
the controlling element in the Repub-
lican party emphasis on our prosperi-
ty is placed on It's gross bulk, not on
how il is shared. 1t is, the writer be-
lieves, time to erect a division fence
on one side of which can be brought
together those who insist that pros
perity shall be based on Justice He
would place the questions of tariff
and corporations on basis of funda-
mental human lights.
A fundamental right now acknow-
lodged is that defended by Lincoln
the right Of every man to the bread
he earns. Another is that of freedom
in thought and religion. A third is
freedom of access by every man tc
the ballot. But these are not the only
human rights.
Every man, as n man, has right
to his legitimate individual share in
prosperity But how is this human
right involved in the problems OF
tariffs and corporations? The public
mind has not fully grasped the ans
wer to this question.
A min,r who brings gold bullion tc
a government mint receives back tn,
amount in coin, less the cost of coin
age. The government gives 1t bach
"undiminished bv any diversion t
any one else" Failure to do thi.
would oe "a denial Of an elementa
hIuan right"
| Now consider how the tariff violate:
this right The individual has tn,
right 10 all of what he has honestly
taken from the stream of enterprise
coined into property. Senator Dollivei
saws that Of the twenty-one hundred
million dollars annually paid by tn,
people in increased prices caused by
the tariff, only three hundred mil
/ lions. one dollar In seven, goes int
the us. treasury. Now the peopl,
have n right to know the facts as t.
these eighteen hundred millions-hov
much goes to labor, how much into
the pockets Of capitalists. "And Il
| the facts when disclosed would show
that nearly all of this huge levy
went into the pockets of the captains
what saves 1t from being a letter o.
marque, issued by government to tn,
tarlff-pr0rected interests, to seize tn,
man on his way home with his loaf
taking away not only part of the
I loaf, but slso a substantial part OF
his years prosperity, over and abov,
the loaf, that but for this. under
just conditions, would be coined by
him into something more lasting thar
the loaf?"
| AS to corporations, they are f.
nanced by loans drawn from bank,
wherein the money of the people Il
depositei; "the great motor wheel,
that furnish the corporate domain
with nea -ly all it's financial power be-
ing turned by the streams of money
arise from the energies and are EN-
bodied in the savings of the people a
/ large"
: The tariff inva1es a mans right e
have as his own what he has earned
while the corporation invades a man.
right to J anticipate on equal terms o.
security in every legitimate field o.
enterprise These twin wrongs feed
ing upon twin human rights are fas
becoming institutions and as sucf
are fast becoming intolerable." Dis
cussing legal methods Of dealing will
them, Judge Crosscup seems to con
template the possibility OF a grea
moral uprising against them, as hal