The Hartford republican. (Hartford, Ky.) 18??-1926, 1912-03-29

Again and again earnest workers 10
social justice have said to me that tn,
most serious obstacles that they hav,
encountered during the many year.
that they have been trying to saw,
American women and children from
destruction in American industry have
been the courts. That is the Judgment
Of almost all the social workers I know
and Of dozens Of parish priests and
clergymen and of every executive and
legislator who has been seriously Mt
tempting to use government as an
agency for social and industrial better.
ment What Is the result of this sys.
tenn OF judicial notification? 1t was
accurately stated by the court Of an.
peals OF New York In the employers
liability case. where 1t was calmly and
judicially declared that the people I'M
der our republican government are less
free to correct the evils that Cypress
them than are the people of the mon
arches of Europe. To any man with
vision. to any man with broad and real
social sympathies, to any man who be-
lieves with all his heart In this great
democratic republic Of ours. such a
condition is intolerable. 1t is not gov
eminent by the people. but mere sham
government in which the will of the
people Is constantly defeated. It is
out Of this experience that my remedy
has come, and let 1t be tried in this
Geld. When rs the result Of years of
education and debate majority of the
people have decided upon a remedy for
an evil from which they suffer and
have chosen legislature and executive
pledged to embody that remedy In law
and the law has been finally passed
and approved l regard it as monstrous
that a bench Of judges shall then say
to the people: you must begin all 0rer
again. First, amend your constitution
(which will take four yearsl; second.
secure the passage Of new law
(which will take two years morel;
third, carry that new law over the
weary course of litigation (which will
take no human being knows how longl:
again to the very same judges who
have rendered the decision to which
sou object. Then. If your patience
holds out and you finally prevail, the
will of the majority Of the people may
have its way" Such a system is not
popular government, but a mere mock
cry Of popular government.
People Will Define Liberty"
The decisions of which we complain
are. as a rule, based upon the constitu-
tional provision that no person shall
be deprived Of life. liberty or property
without due process of law. The terms
life. liberty and property" have been
used in the constitutions Of the English
speaking peoples since Magma Charta.
Until within the last sixty years they
were treated as having specific mean
meant tangible prop
erty; liberty" meant freedom from
personal restraint, or. in other words,
from imprisonment in its largest def
nition. About 1870 our court began to
attach to these terms new meanings.
Now property" has come to mean
every right Of value which q person
could enjoy. and liberty" has been
made to include the right to make con-
tracts. AS result, when the state
limits the hours for which women may |
labor, it is told by the courts that this
law deprives them of their liberty"
and when it restricts the manufacture
the law deprives the landlord of his
property" Now. do not believe
hat any people. and especially our
free American people. will long con-
sent that the term liberty" shall be
lefined for them by bench of judges.
Every people has defined that term for
Itself in the course of its development.
Task 10 to Strive For Justice.
Friends, our task as Americans Is to
strive for social and industrial justice,
achieved through the genuine rule Of
he people. This is our end, our pur-
,Ose. The methods for achieving the
md are merely expedients to be finally
accepted or rejected according as actu-
Il experience shows that they work
we'll or i'll. But in our hearts we must
,ave this lofty purpose, and we must
trive for 1t in all earnestness and sin
erity or our work will come to moth
ng. In order to succeed we need lead
RS Of inspired idealism, leaders to
whom are granted great visions, who
lream greatly and strive to make their
lreams come true; who can kindle the
'eople with the fire from their own
turning souls. The leader for the time
eing. whoever he may be, IS but an
instrument to be used until broken
nd then to be cast aside. and If he
) worth his salt he will care no more
Then he is broken than a soldier cares
rhen he is sent where his life is for
cit in order that the victory may be g
ron. In the long fight for righteous
ess the watchwOrd for all Of us is
pend and be spent. It is Of little mat
er whether any one man fails or sue
eeds, but the cause shall not fail, for p
Is the cause Of mankind. We, here a
l America, hold in our hands the hope t.
{ the world. the fate Of the coming z
ears, and shame and disgrace will be f.,
urs II in our eyes the light Of high =
aS0lva 10 dimmod ~ WA trail In tho y