Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1912-03-15
Quotes Iowa Justice.


at must be conceded that there
are such rights in every free govern
ment beyond the control of the state.
A government which recognized no
such rights, which held the lives, the
liberty, and the property of its citi-
zens subject at all times to the abso-
lutte disposition and unlimited control
OF even the most democratic reposi-
tory of power is, after all, but des-
potism. 1t is true 1t is a despotism
of the many-of the majority, If you
choose to call it so. But 1t is none
the less a despotism. 1t may we'll be
doubted If man is to hold all that he
is accustomed to call his own, all in
which he has placed his happiness
and the security of which is essential
to that happiness, under the unlimited
dominion of others, whether it is not
wiser that this power should be exer-
cised by one man than by many.
1.-THE theory Of our governments,
state and national, is opposed to the
deposit of unlimited power anywhere.
The executive, the legislative, and the
judicial branches of these govern
ments are all of limited and defined
powers.
"'There are limitations on such
power, which grow out of the essen
tial nature of all free governments
implied reservations of individual
rights, without which the social com.
pact could not exist, and which are
respected by all governments entitled
to the name.
""To lay with one hand the power
OF the government on the property of
the citizen, and with the other to be-
stow it upon favored individuals to
aid private enterprises and build up
private fortunes, is none the less a
robbery because 1t is done unde rthe
forms of law and is called taxation.
This is not legislation. 1t is a de-
cree under legislative forms"
do not the words and illustrations
of this case bring before us what we
might expect from the exercise of the
power of a popular majority to re-
verse a solemn judgment of court
in favor of an individual against a
measure that, for the time being,
seemed to the people something that
would help all and yet which was
plainly a trespass upon individual
rights?
81 agree that we are making prog.
ress and ought to make progress in
the shaping of governmental action to
secure greater equality of opportunity,
to destroy the undue advantage Of
special privilege and Of accumulated
capital, and to remove distractions
to the pursuit of human happiness;
and in working out these difficult
problems we may possibly have, from
time to time, to limit or narrow the
breadth of constitutional guarantees
in respect of property by amendment
But If we do it, let us do 1t delibera
tely, understanding what we are do
ing, and with full consideration and
clear weighing of what we are giving
up of private right for the general
welfare. Let us do 1t under circum
stances which shall make the opera
tion of the change uniform and just
and not depend on the feverish, un
certain, and unstable determination OF
successive votes on different laws by
temporary and changing majorities
Such proposal as this is utterly
without merit or utility, and, instead
Of being progressive, is reactionary;
instead of being in the interest of all
the people and Of the stability of pop
J ular government, Is sowing the seeds
nf nonp,,cfnt, ond turannu