Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1912-02-22


York. declared unconstitutional the
workmens compensation act. In their
decision the judges admitted INC
wrong and the suffering caused BY the
practices against which the law was
aimed. They admitted that other CIV
ilixed nations had abolished these
wrongs and practices. But they took
the ground that the Constitution OF
the United States. instead OF being an
instrument TO secure Justice, had been
ingeniously devised absolutely TO pre-
vent justice. They insisted that tho
clause in the Constitution which for
bade the taking Of property without
due process OF law forbade the enort
which had been made In the law to
distribute among all the partners IN
an enterprise the effects of the In
juries to life or limb Of a wage-work-
err. In other words, they insisted that
the Constitution had permanently
cursed our people with impotence to
right wrong, and had perpetuated q
cruel iniquity; for cruel iniquity Is NOT
too harsh q term to use In describing
the law which. in the event Of such an
accident, binds the whole burden Oh
Gripping disaster on the shoulders
least able to bear 1.-THE shoulders OF
the crippled man himself. or the dead
mans helpless wife and children. NO
anarchist orator. raving against the
Constitution, ever framed an indlct-
ment to 1t so severe as these worthy
and well-meaning judges must be held
to have framed If their reasoning Dc
accepted as true. But, as matter
Of fact, their reasoning was unsound.
and was as repugnant-to every sound
defender of the Constitution as TO
every believer in justice and right
| eousness. In effect. their decision
was that we could not remedy these
wrongs unless we amended the Con-
( stitution (not the constitution OF inc
state. but the Constitution Of the ma
toni by saying that property could be
taken without due process OF law!
seems incredible that any one shouid
be willing to take sucha position. IL
! Is a position that has been condemned
over and over again by the wisest ana
/ most far-seeing courts. In It's essences
! It was reversed by the decision OF
state courts In states like Washington
ana Iowa, and by the Supreme court
Of the nation in a case but rev
weeks old.
According to one of the highest
iudges then and now on the Supreme
! court of. the nation, we had lived for q
hundred years under a Constitution
which permitted a national income
| tax. until suddenly by one vote the
Supreme court reversed its previous
decisions for q century, and said tnat
| for century we had been living under
A wrong Interpretation of the Constltu-
ton (that is, under a wrong Constitu"
! toni and therefore In enect estaD-
lished a new Constitution which we
! are now laboriously trying to amend
go as to get 1t back to the Constltu-
ton that for a hundred years every
body. including the Supreme COURT
! thought It to be- When ! was presi-
dent. we passed National Workmens
| CONDENSATION act. Under 1t rail-
way man named Howard. think, was
killed in Tennessee, and his widow
sued for damages. Congress nao
done all it could to provide the right.
! but the court stepped In and decreed
that congress had failed. Three OF the
iudees took the extreme position that
there was no way in which congress
could secure the helpless widow ana
children against suffering, and that
! the mans blood and the blood OF all
similar men when spilled should TOT"
! ever cry aloud in vain for justice.
This seems a strong statement, Dut
It is far less strong than the actuaI
! facts. and | have difficulty in making
the statement with any degree OF
Modification. The nine justices OF the
Supreme court on this question spht
into five fragments. One man, ex'
! Justice Moody, in his opinion stated
the case in its broadcast way and oe-
manded Justice for Howard, ON
grounds that would have meant that
n ali similar cases thereafter justice
and not Injustice should be done. Yet
the court. by q majority of one, de-
cided al do not for one moment be-
lieve the court would now decide, ana
not only perpetuated lamentaDle In
iustice in the case of the man himself.
| but set a standard of injustice for all
similar cases. Here again ask you
not to think Of the mere legal formal
ism. but to think OF the great I'M
mutable principles OF Justice. the
great immutable principles OF right
AMI wrong. and to rander VIZ
means to Rsn depenA or their i've
lihood, and to the women and chill
dren dependent upon these men. when
the courts OF the land deny them the
Justice to which they are entitled.
Nov. gentlemen. in closing. and in
thanking you for your courtesy, let me
add one word. Keep clearly In view
what are the fundamental ends OF
| .o,-n~rD,ant 7 bona that not only