The Detroit times., 1912-04-02
Try To Apply Legal Rules of
Thumb To Problems Always
With Signal Failure
CITES MANY DECISIONS
New York Tribunal Knocked
Out Law To Prevent Women
Working at Night

NEW fORht April A-po NV
courts in this country stand in the
way OF social and economic progressy
You ask me 10 give my views on this.
| have only time 10 try TO eondense
when frequently said publicly there
on while vas a justice OF the SUI
preme court. and since
Yes, they do, and have done so for
long time. But this Is nothing new.
In all ages, and pretty much every
where. the courts have tried 10 apply
their legal rules OF thumb 70 social.
commercial and economic matters, al
ways with signal failure, and gener-
ally with injury TO industry. com
merce and the social good. - ~
Nothing is more distressing than 10
see a bench OF judges. old men, as
rule, set themselves against the mani
fest and enlightened will OF the COM
munity In matters OF social. economic
or commercial progress. The same
is true in matters of morals and re
ligious growth also. JESUS, Socrates.
and many who came after them, age
after age, fell victims 10 judicial mar
row -niindedness But the adverse de-
cislons or courts have not been able
TO stop human progress. sometimes
they baffie II for the time-being.
Sometimes, by creating evaporation
In the intelligent mind. they acceler.
ate IL. Not to quote other instances,
the decision or the United States SUI
preme court demanding the Negro boy
bred Scot back into human slavery
only FASTENED the coming liberation
of the slave
But let me come close to what, you
ask Of me. Let me cite some OF the
recent yjudicial decisions which were
planted right I'm the path or economic
and social progress.
Decision IN Tobacco Case.
The tenement house tobacco case
was decided by the court or appeals
OF this state in 1885 Matter OF ia
cobs, SO New York Reports, page $50.
Good men and women who went
around alleviating suffering and dis
tress In poor tenements or the over
crowded districts OF this city found
tobacco being manufactured into its
various products In these tenemenfs.
They found little children born ana
brought up there in the unwholesome
fumes and smells OF tobacco. They
applied 10 the legislature. and had
law passed forbidding the manufac-
ture OF tobacco in such tenements Tor
the future. The court held that II
was ..nnconstitutionaI is to
say, that the constitution or this state
permitted the manufacture or tobacco
in poor tenements, and that ;herefore
the legislature could not forbid IT,
They protested TO find this constitu-
tional permission latent In the gen
eral provision in our state constitn-
ton that no one shall be deprived OF
life, liberty or property without due
process of law" The court waxed
eloquent on the subject. II said that
the tenant had the right under this
provision OF the constitution 10 do
what he liked In the way or lawful
business In his tenement. II said that
the statute arbitrarily deprives him
OF his property and some portion OF
his personal liberty" by preventing
him from using his property; !. g., his
tenement 1easehold, as he saw mt.
The claim that the manufacture or
tobacco In such places was detrimen-
tai to health, especially to the health
or children, and might therefore be
prohibited by the legislature, received
short shrift from the venerable and
learned judges.
Put Selves Above Legislature.
They set themselves up as better
Judges OF the question OF health than
the legislature. They gave to this
constitutional guaranty meaning
never dreamed OF in England from
which we took 1t. The foundation or
II Is In Magma Charta. But no one In
England up to this hour has ever
imagined that II had reference TO any
thing but the direct taking OF a mans
property. e.. of his chair, OF his