The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1910-04-29

the learned author Of this resolution
himself. IS IL not clear that its enact
ment invOlves-if Il should become a
iaw-(J our deprivation Of the use Of
our property without judicial investiga-
ton and without due process Of law
surely I ought not TO be called upon 20
make an argument to prove 50 self-evt-
cent a proposition as this that deprlv-
Ing US, as the act does, OF the use and
enjoyment OF our property Is suDstan-
tlally oeprtvlng US Of the property itself
70 put II yet IN other words, Ar-
Chairman, this proposition stripped 10
the skin amounts 70 this and nothing
mOre-lt Is the substitution for the pur-
pose OF depTiving Us OF our property Of
VestlgatlOn which. 8 have shown you
the law has declared and the Supreme
Court OF the United States here declares
is. iuviOlably and inalienably our con
stitutional right and privilege II may
be true that II was within the poWe- or
Congress 10 have limited the right OF
the company IN its original charter 10
mortgage its property, but II Is DOUBT
ful whether the courts would have sus-
tanned q Limitation that would have al
solutely deprived the company OF the
right Of self-defense involved IN the
power 10 issue evidences Of debt. Be
that as II may, Congress did not see
proper to reserve such an Indispensable
power. and can not now, sixty years az
ter the original grant, undertake to alter
or amend the cOmpany's contracts py
tect them
The Fourth Cornerstone
And. lastly. gentlemen Of the commit
tee. the Supreme Court in this decision
having first laid down for our g-uidanCs
the method to be employed Judicial in
the NEE sure Of the element or reason
able in any given case; and. secondly.
the measure of the elements Of reason
ableness. to Wit, the actual value OF the
money invested IN the business; and,
thirdly. the right invariably vested in
the employer 10 the use and enjoyment
Of the property employed unless and
until deprived thereof by due process OF
Ia ~. comes finally to the fourth corner
stone Of the edIfce and tells Us WY u IS
~ eGai and unconstitutional 10 Ceistlse
The employer Of the use Of the property
employed For that in so far as the
company IS 1hUs deprived While other
y rsOns are permitted 70 receive reason
able profits upon their invested capital,
the company IS deprived OF that equal
protection OF the laws irrevOcably guar
anteed 10 ALL" for which glorious detin1-
ton, the cJnsummate hover OF tbs
modern Magma Charta- let Us ali with
one consent " harever be our differences,
fevoutIy thank Cod
II you win kindly indulge me q mo-
menL longer before closing this illum-
mated page. I will ask you TO note the
qualification IN the last clause upon
their invested capital" the reasonable
profits OF which the company cannot be
deprived. are the fruits. then, Of treir
actual investmenJ-nOr OF fHeiT
capital stock - here COnter ded :
not Of their outstanding binds
as here insisted Nanifestly, not
at all. the qualification is broader
than any such uszT1C7y. meanlnEiessr IN
Couseu Geutt3l. illogical Limitation. Cen
ti=uen Of he committee. Il IS not only
broader. but deeper than that It Is
comprehensive enough to cover the en-