The river press. [volume] (Fort Benton, Mont.) 1880-current, 1912-04-10

perience In the use Of governmental
power to redress social and indus
trial evils. Again and again earnest
workers for social Justice have said
to me that the most serious obstacle
that they have encountered during
the many years that they have been
trying to save American women and
children from destruction In American
industry have been the courts. That
is the judgment of almost all the So
cial workers l know and of dozens of
parish priests and clergymen and OF
every executive and legislator who
has been seriously attempting to use
government as an agency for social
and industrial betterment. What is
the result of this system OF judicial
notification? It was accurately stated
by the court of appeals OF New York
in the employers liability case, whore
It al calmly and judicially declared
that the people under our republican
the evils that Cypress them than are
the people of the monarchies of Eu-
rope. To any man with vision, to any
man with broad and real social sym
pathies, to any man who believes with
all his heart in this great democratic
republic of ours, such q condition Is
tntolerable. 1t is not government by
In which the will of the people is con-
stantly defeated.
When. as the result of years Of edu-
cation and debate, a majority of peo-
pie have decided upon a remedy for
evil from which they suffer and have
chosen a legislature pledged to en-
body that remedy in law and the law
has been finally passed and approved
I regard it as monstrous that a bench
Of judges shall then say to the people:
"You must begin all over again. First,
mend our constitution (which viii
take four years.; second, secure the
passage Of a new law (Which will take
two years more); third, carry that
new law over it's weary course Of liti-
cation. which will take-no human be-
ing knows how long; fourth, submit
the whole matter over again to the
very same judges who have rendered
the decision to which you object.
Then, If our patience holds out and
you finally prevail, the will of the ma
jority of the people may have it's way"
Such a system is not popular govern
ment, but a mere mockery OF popular
government.
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 people since Magma
Charta. Until within the last sixty
years they were treated as having spe-
cifc meanings property" means
tangible property; elderly" means
freedom from personal restraint, or in
other words, from Imprisonment in it's
largest definition. About 1870 our
courts began to attach to these terms
new meaning. Now property" has
come to mean every right of value
which a person could enjoy, and lib.
erty" has been made to include the
right to make contracts. AS a 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 1t restricts
the manufacture of tobacco in a tene-
ment it is told that the law "deprives
the landlord of his property" Now,
do not believe that any people, and
especially our free American people
will long consent that the term lib
erty" shall be defined for them by q
bench of judges.
Friends, our task as Americans Is
to strive for social and industrial JUS
tice, achieved through the genuine
our purpose. The methods for achiev
ing the end are merely expedients t.
be finally achieved or rejected accord
ing az actual experiments shows tina
they work well or i'll. But, in ou1
hearts. we must have this lofty pur
pose, and we must strive for it in al
earnestness and sincerely or our worl
coed we need leaders of inspired ideal
ism, leaders to whom are granted
great visions, who became great b,
striving to make their dreams com.
true; who a kindle the people will
the fire from their own burning souls
The leader, for the time being, VIII.
yer he may be, Ia but an instrumen
to be used until broken and then t.
be cast aside, and II he IL worth hi
salt he will care no more when he i
broken than a soldier cares when h,
is sent where his life Is forfeit in or
der that the victory may be won. Il
the long fight for Righteousness tn
watchword for all of US IL spend an
be spent. 1t Is of little matter wheth
er any one man fails or succeeds, bu
the cause shall not fail, for it 10 tn
cause Of mankind. We here in Anne,
lea hold In u hands the fate OF tn
coming years and shame and di.
grace will be ours II. in on