The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1912-02-21

stltutlon of the State. but the Constitn-
tion OF the nation by saying that prop
erty could be taken without due process
of law! II seems incredible that any
one should be willing to take such po-
sitlon. II IL a position that has been
condemned over and over again'by the
wisest and most far-seeing courts. In
It's essence Il Was reversed by the de-
cision Of State courts In States like
Washington and Iowa, and by the SUI
prerne Court Of the nation in a case
but'a few, weeks old,
Defies Public Opinion.
call this decision to the attention of
those who shake their heads at the pro-
posal to trust the people to decide for
themselves what their own governmental
policy ehall be in these matters. 1 know
nf no popular vote by an State of the
Union more fragrant in its defiance of
right and justice, more short sighted In
Its inability to face the changed needs
of our civilization, than this decision by
the highest court of the State of New
York. Many Of the Judges of that court
know personally, and for them I have
q profound regard. Even for as fla
grant q decision. as this would not
vote for their recall; for have no doubt
the decision was rendered In accord
arce with their ideas of duty. But most
emphatically, | do wish that the people
should have the right to recall the deci-
sion itself, and authoritatlyely to stamp
with disspproval what cannot but seem
TO the ordinary plain citizen a ;nonstrous
mis- construction OF tie Constitution, n
lnOnstruus peTvcrSiOn OF the toh2tltu-
ton into an instrument FOR the per-
petuatiOn Of social and inI Istr'al wrong
ana for the oppression of The weak AMI
helpless. No ordtn lry amendment 10
Tie Constitution would meet this type
OF case; and tntolerable delay and in
rlstt,.a would be caused by the effort to
rot N mr. lime n fnnniinn ttnn
fact that the very Judges VINO ale at
Iau!t would proceed to conStrne the
amendmt mt. In such case the fault Is
not with the ConStitnti1n; II" fail. Is
In the judges construction Of the Con
stituticn; and what is required is pownt
fnr ,hc i'eu,.lr 20 rcNCrse this false and
wrong ConstIdC ton.
Raps Effect of Decisions.
wish l could make you Visualize to
yours elves what these decisions against
which ! so vehemently protest really
represent of suffering and injustice. |
wish I had the -pcNsr. t. bring before
you the man n,airued or dead, the
woman AMI children LETT to struggle
against bitter 1pJ,"'ly because the
bread-Winnet has gore; am rot tl'i'H-
ing of tho tCrinirClog$ Of the decision,
nor of what sec IN to me the hair-Split-
ling and meticulous arguments clab.
Urately worked out TO Justify a great
ard q terrible miscarriage Of justice.
Moreover, / am no thinking only CT the
sufferers III any given Clsh. but 1f TIE
tens of thousands Of others wrO suffer
because ~ the way this case is decided.
In the New York ease the railway er-
ployc who was injured was a nan
named. | believe. Ives The court adj
mits that by every moral consideration
he was entitled to- recover rs his due
the rlOnry that TIE law intended to
give him. Yet the court by its decision
forces that man to stagEer through life
MANNED, and keeps the money that
shOuld be his in the treasury of tho
company in whose S"rVi %. as an Incl
dCnt of his regular employ Uent arl IN
the endurance Of ordinary risks, he lost
the ability to earn his own livelihood.
Thousands OF Ivescs In this country;
thousands of cases such Us this come
up every wear: and while this is true,
while the courts DENY essential and etc
mentary justice to these men and give
to them and the people in exchange tOr
justice a technical and empty formula,
II Is idle to ask me- not to critiT!Se
them. AS long DIS injustice Is Kept thus
intrenChrd By any court. ! Will protCS:
as strongly as in me lies against such
action. Remember. when l am asking