The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-09-18

embodied m The nev nstionalsm bscaurs
I otherviss his country could not '"ntinus
! 70 IL . true republic. a true demo,rary.
Take. for instance what ! Sald m refer
J er,e tn tNu decisions of the supreme ourt
y vas m the course Of an address ~ Wht'l
dve l' upon the great need 81 having The
spheres of activity ~ the national and
State Governments extended to cover The
whole field of our life thai 'an properly be-
I touched nv legislation a. all 80 that There
/ sha " net be left delta be land m Nhict
. neither nation nor state has real power
and which can serve a. place of refuge
for men who wish 10 eS,apr all effective
! control under the Law. and especially foI
. The great corporations " hi'h wish thus ~
e--ap~ control one ds''sion was Ia the
knight sugar caS.. ~ Nhirh. a,,n Tdiug tu
ID" dissenting opinion ~ Justice" Harlan
the Judgment of the cour' piaC"d the public
- lar as national power - ouu'-rn-dtt The
only power which you'd b. effective en
q tIr"ly a. IN. merry ~ combinations which
arbitrarily control the pTices 81 articles
pur, ha sed 10 lie transported from one State
io another state I merely took the view
which the learned ! Isticc had thus taken IN
his dissenting opinion II Is. in my iuds
meut. inquest iouahlv the correct view
The decision has been bar In the path NJ
tho-e tho are honestly eudeaVortng to
secure adequate control over great cor para 81
lions doing an Interstate business Ihn-e
Who "Titici-~ me are also cTiticisinK = Jus
tie" of the supreme Court Mr. Harlan
To my critics take the position that Tho
people shall not he a HE 30 control the man
agemeu' aud activities ~ the>. greet
monopohst,c corporations doing an inter
state business n so let them frankly Ayow
their position. n not let them cease their
criticism.
This .a.nnd da,t.t,n -. m. ,..t,..
stat" rights. prob biting tho state Of New
York To regulate m very moderate fashion
the hours Of work in bakery aud COMES.
ilOnerv eats bli-hments whore The 'ondi-
tons are such that excessive hours Of labor
cOntiuue dav IN and dav ont NAV endang~r
The health and shorten the lives of the NoTk
inEmen. Here what I sah was ba sod upon
the dissenting opinions Of Justices Harlan.
white. Day and Holme@ who specifically
upheld the view that the state had the
power 70 regulate The hours ~ labor under
such conditions. taking thu broad ground
that 1t i tho primary duty Of the stat" TO
guard and protect tho health and safetv
NJ it, people Here 7 hold that the DIS
-entinE Justices we're right In their views
and that. however honest men may be who
revive the long outNorn do~'T iuo thai the
state shall not interfere with the liberty
Of lahor-rs Who are driven nv grind ing mead
10 contract TO work for on excessive mum
Der Of hours under unhealthy CONDITIONS
vet that such do,trins - essentially anti
social aud IL really a relic OF past Eeolosi-
cal age in our social and economic history
n NV opponents Disagree with me, let them
frankly say that the state has no right 70
limit the hours Of labor Of men employed
under conditions dangerous TO their health
ard velflr" lf'hev do 80. take issue with
them. n they do not. then they have no
righ' - Cr!ticise NhAt I have said
fitN-three years ago Abraham Lincoln
sas A~sailsd for his repeated criticisms OF
he supreme Court n Tho bred scott 'Ase
- regards this decision he announced not
once. but again and again. that he held II
20 he not merely he right hut the du'v ~
we're erroneous and damaging loyalty 70
ABIDE by The decisions a. lonx 49, thsv stood
hut to try nd to secure their reversal. ~
language "a one u,t asion being a. follows
We d. NOT propose ~ disturb Tho r. -h'-
Of property thus settled We propu-. 80
r~>iSring 'hr De, ,,ion a. 20 have n reversed
4 ~ can and a new md icisl rule established
mon he sab 80
rs repeated ~ s'afe-Nnf 20 s#.Tr|s
Offering language IN sp~-,h a''.- -I..,t
Moreover. he used VeTv strong taug .l 20
Ahruf fhs decision. far stronger than 4
should !resw ~ using or ~ H % rnu.' boz
prop"r - zee abort The DO l-iors 0I'' fu..f
] nov d-a' hu' his view a. rp his 1gu'
and duty 10 cAll atrentiou % an ~rruns,,ls
DECISION which NfAlly affected The rights
II the peorle was think entirely sound
~ an rate Il have erred IN commenting
a. ! have commented upon the de"i-iuns
800 .uestlun ! err m 'ompAns uifn Abraham
Lincoln Tn" criticism Of no - perhaps
'-I summed ~ IN he f"uuSing speech
NJ A. 'ruinen' public man
~ nras~~ var IN the de"tsion n 'he ~
rreUs 0uri t-h d" say 'o Won. fe..os
'haI hAN" no war To make on 'ta'
10, -Ion ~ BUE other rNer rendered Nv 'Na
>uprem" tuuU sm content 20 taEe thA'
~. son ~ o. stands deli, cred by he high~.r
rdn IaI tribunal on or th . tribunal -.
'aau~h"t I~ no Consultation ~ the nitai
S'd'e- Tor that purpose and hsn's thar lie.
i-I,n ~, om"~ The IaN 81 ne land binding
On 3u. On M" nnd On ever, other good
'i'Issn. h"fhsr ~ lie " ~ not Hence
- not 'hoos- - 20 into an argument N
prov" h@ior" This audience whether or not
p - h,ef Ius'i'~ understood The law hetter
Than Theodore Rooscyei'
Nr. gentlemen. have nrsds ono ,hanre
IN ~" shove .uo'a,i"n ~" ls-r vords v"r"
no u-"dor' Eposey".f. me ..-i ords ysre
Z nrlnam Lincoln AMI tins attack. made
I"'r.s 'i'r three vct'- agp .p,u abraham
i.'n''.n, - prscissl' ana ~N1,fIF Tho Kind
Df 'i.- made uNpn no a. 'l~ nomsH'
= nan l.n"olni"l' End r-pfe-~ed 'hrough-
n D. Ir Ut" tf" AM profound rrsUac' for
he supreme our thsI ui c,ur~. feel and
'hn' ha,"sgarn and agarn IA pIb,ic .pee,h
aud m messages A. President 81 the : nt'ed
S'a'"- eNpre~-"d ~ Upright Judge - -
b ghsr snd hotter puplrr -ervau' than an,
other man 'an possibly he. and ~ ia oaus-