Judith Gap journal. [volume] (Judith Gap, Mont.) 1908-19??, 1912-03-29

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library study Of constitutional lav.
but OF actual aaA iexg ceatinuel az.
peFiencs in the use Of goverum>ats,
power to redress social aaA fnAns.
trial evils. Again and again earnest
workers for social justice have said
20 me that the most serious obstacle
that they have encountered during
tho many years that they have bean
trying to save American women ana
children from destruction in American
industry have been the courts. That
10 the judgment OF almost all the "a.
cial workers l know and Of dosens az
parish priests and clergymen ana Of
every executive and legislator who
has been seriously attempting to use
government A. an agency for social
and industrial betterment. What IL
the result Of this system Of judicial
notification! 1t was accurately stated
by the court Of appeals Of New York
in the employer liability case, whore
It was calmly and 1udicially declared
that the people under our republican
government are less free b coyeect
the evils that opprsss them than sys
the people Of the monarchios Of Hv.
rope. TO any man with vision, = any
man with broad and real social am,
pathies, to any man who believes With
al his heart in this great democratic
republic Of ours. such . conAitaoa n
1ntolerable. It = not government b.
the people. but mere sham govosnmsnt
In which the viii Of the people y epar
stantly defeated.
When. - The result OF years u sAu.
cation and debate, . majority ~ Pee
pie have decided upon . remedy for
evil from which they suffer aaA havs
chosen . Legislature pledged 70 en-
body that remedy in law and the Law
has been finally passed and approved
! regard It - monstrous that Z bench
u Judges shall then say to the people:
''You must begin all over again. First,
mend your constitution (which will
take four years.: second. secure the
passage Of new law (which will take
two years more): third. carry that
new law over its weary course Of titi-
cation. which will take-no human ~
ing knows how long; fourth, submit
the whole matter over again 70 ths
very same Judges who have rendered
the decision to which yen object.
Then. II your patience holds out and
you finally prevail. the will of the ma
jority Of the people may have it, way"
Such . system 10 not popular govern.
ment, but . mere mockery IL popular
government.
The decisions Of which ~ complain
are. As rule. based upon the eonstitu-
tional provision that NO person shall
b deprived Of life, liberty Or property
without due process Of NV. The
tesms life. liberty and property have
been used ia the constitutions Of the
Enslish speaking people since Magma
Charta. Until within the last sixty
years they were treated a having sps-
cine meanings property means
tangible property: liberty" means
freedom from personal restraint, or In
other words. from imprisonment tn IT.
largest definition. About 1870 eur
courts began to attach to these terms
new mean!ag. New property" has
come to mean every right ~ value
which . person could enjoy. and lib
eYty" has been made to include the
right TO make contracts. A. Z result,
when the state limits the hours for
which women may labor. II b told by
the courts that this law depyives them
Of their liberty" and when It restricts
the manufacture Of tobacco IN = tsH>-
ment II IL told that the law "deprives
the landlord Of bis property" Now. I
- net belteve that any people. and
especially our free American people.
will long consent that the tArm 'lib-
erty" shall be defined for them By Z
bench Of judges.
Friends, our task - Americana n
- strive for social and Industrial Jus
tice. achieved through the genuine
rule Of the people. This - our eal:
our purpose. The methods for achiev-
ing the end are merely expedients to
b finally achieved Or rejected accord
ting ~ actual experiments shows that
they work we'll or ILL., But, IN our
hearts. We must have this lofty pur-
pose. and we must strive for it In all
earnestness and sincerely or our work
will COME to nothing. In order to sue
coed We need leaders Of Inspired ideal.
ism. leaders to whom are granted
great visions. who became great by
striving to make their dreams come
true: who can kindle the people with
the fire from their own burning souls.
The leader. for the time being. who
ever he may he. il but an instrument
to be used until broken and then to
be cast aside. and II he 10 worth his
salt he will care no more when he 10
broken than = soldier cares when he
10 sent whore bis life 10 forfeit IN or
der that the victory may b won. In
the long night for righteousness the
watchword for al Of us 10 spend and
be spent. It 10 Of little matter wheth-
or any one man fails or succeeds. but
the cause shall not fail. for IT ia the
cause OF mankind. We here in Amer.
lea hold In our hands the fate Of the