Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1910-08-30

mattel 1t was a. decision nomlnallN
vainst national rights, but really
inst popular rights.
he second case is the so-ealled
w York bake shop case. In New
City. as in most large cities, the
; business is likely to be carried
OF, Ner unhygienic conditions. The
New ,1k legislature uassed, and the
New York governor signed bill rem
| edying these improper conditions
New York legislature passed, and the
! that could deal with them the ma
ton had no power whatever in the
matter.
But the supreme court of the Uni
/ ted states possessed, and unfortunate
" exercised the negative power OF
not permitting the abuse to be reme-
died BY a five to four vote they
declared the action ct the state of
New York unconstitutional because
forsooth that men must not be de-
priyed of their liberty TO work un-
der unhysienic conditions. They
were, of course, themselves powerless
to make the remotest attempt to pro-
vide a remedy for the wrong which
undoubtedly existed and their refusal
to permit action by the state did not
confer any power upon the nation to
act In effect il reduced to impo-
tence the only body which did have
power, so that in this case the de-
cision, although nominally against
state rights, was really against pop
ular rights, against the democratic
principle of government by the peo-
pie under the forms of law.
IF such conditions as these two
indicated the courts permanent atti-
tued, there would be real and grave
cause for alarm, for such decisions, il
consistently followed mp would upset
our whole system Of popular govern
ment. / am, however convinced,
both from the inconsistency of these
decisions, with the tenor of other de-
cisions, and furthermore from the
very fact that they are in such flag
rant and direct contradiction to the
spirit and needs Of the times that
sooned or later they will be ex-
plicitely or implicitly reyers-
ed. | mention them merely to illus
trate the need of having a truly ma
tional system OF government under
which the people can deal effectively
with all problems, meeting those that
affect the people as a whole by affir-
native federal action and those that
affect merely the people Of one To-
cality by affirmative state action. /
am a most earnest and convinced be-
lever in exercising the power of the
nation where that power alone can be
really effective, yet | am no less a
convinced believer in seeing that the
power of the state be made effective
where it affords the best means of
affirming popular rights. Above all
there should be no neutral ground
where, owing to a conflicting series of
decisions, it shall appear that neither
the state nor the nation has power,
and where in consequence, able and
individuals are left free
to riot at will, without the possibil-
ity Of checking or controlling tHem
IN the interest of public welfare
Times have changed You did not
leed to take care of the rights Of the
arm labOrer in former times II he
aid not like conditions he met, he
would move on and take up "A farm
himself. Now the relations of EN-
lloyer and employe are slightly dit-
erent than the9 were before Tn I
ortunateiy, the courts, instead OF re-
'ognizing the new conditions have !
ageed behind.
The worst enemy Of wise con-
ervatlsm is that type OF conservative
Who tries to prevent wrongs from be-
ng remedied because the wrongs
laye existed for so long "A time. And
N the other hand the worst enemy
i true progress is the demagogue
T the visionary who in the name OF
,rogress leads the people to make
ONE blunder which Will result in re-
ction. Distrust the demagogue and
he mere visionary Just as you distrust
he others who hide behind conserya-
ism.
Although | despise a crooked pub
c servant, though / wish to see him
with the utmost severity of
he law, my scorn and contempt for
nm are no greater than for the man
'ho by mendacity and through
lander attacks the character OF an
onest man just as he attacks the
haracter of a dishonest man. Such
one. if unchecked, would pun down
ne temple and bury us all in the
lins.
Il speak to the man who writes in
ne daily press. (Applause). | will
0 with you to the last point in con-
the man who in the public
ress writes an untruth If you will s
o with me TO the last point in de- | {
landing equal condemnation of the
,gislator who acts crookedly. |
peak of the politician on the stump.
udge men not by the class to which &
ley belong but by their conduct as
Individual citizenI The only man
no, ! think, is a little more useful
IAN the wise and honest public Of
cial is the wise and honest man Of
lie press, and the only man who, | &
link. is little more contemplate c
IAN the dishonest public official is :
lie mtruthful and dishonest man Of {
Ie public press. t
Il ask you to stand by the official G
no is honest. | ask you to stand by t
le newspaper man and magazine I
ritter who is truthful, and who ex- &
)ses corruption | ask YOU to stand I
gainst the official who is dishonest. Il
id his equally base brother Of the y
'ess who falsely accuses honest men y
dishonesty ,
rrNTIc IRnNUIER nANS >