Perth Amboy evening news., 1912-03-09


4 gross violation or their oatns ..
duty on the part Of Judges, a hypothe-
sis utterly untenable. If the meaning
of the amendment Is made plain, AZ
It readily car be, OF course the court
will follow 1t.
Tyranny 81 Temporary Majority.
I have examined this proposed meth
cd Of reversing judicial decisions on
constitutional questions with care. I
do not hesitate to say that it lays the
ak at the foot Of the tree of we'll or,
dered freedom and subjects the guar
antics Of life, liberty and property
without remedy to the fitful impulse Of
a temporary majority Of an electorate.
Mr.. Justice Miller of Iowa was one OF
the supreme bench of the United
States. Speaking for that great court
In the case Of Loan association versus
Topeka co Wall, $3.50, In a case pre-
senting the question of the constitu+
tionaiity OF q law imposing d general
tax on all citizens TO pay for a factory
to be run and owned by a private conl-
pany, after referring to the act al San
invasion Of private right be said:A
TT must be conceded that there are
such rights IN every free government
beyond the control OF the state. A
government which recognized no such
rights. which held the lives, the lib
erty and the property OF Its citizens
subject at all times to the absolute dis
position and unlimited control OF even
the most democratic repository Of pow
er. is, after all, but q despotism. It Il
t-rs = e : 1sspos;ssu OF the many-oH
the majority. II you choose to call II
80. But 1t Is none the less a despotism.
1t may well be doubted IL a 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 ID
essential to that happiness. under tbs
unlimited dominion OF others. whether
1t Is not wiser that this power should
be exercised by n maj than BY
many.
1.-THE theory OF u COVE vents,
| state and national, is opposed 20 the
deposit of unlimited power anywhere.
The executive, the legislative and the
| judicial branches of these governments
are all of limited and defined powers.
.sThere are limitations on such pow
er, which grow out OF the essential ma.
tire OF all free governments implied
| reservations OF individual rights, with.
out which the social compact could NOT
exist and which are respected by ali
| governments entitled to the name. sss
ITO lay with one hand the power Of
the government on the property OF the
! citizen and with the other to bestow II
| upon favored individuals to aid prt
yate enterprises and build up private
fortunes is none the less q robbery be-
cause 1t Is done under the forms OF
law and is called taxation. This Is not
legislation. IL In q decree under legis-
lative forms"
Trespsss on Individual Rights.
Do not the words and Illustration Of
this case bring before us what we
might expect from the exercise of the
power Of a popular majority to reverse
a solemn Judgment Of q 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 d trespass
upon Individual rightsf
/ agree that we are making progress
and ought to make progress In tbs
shaping Of governmental action 10 Sc
cure greater equality Of opportunify,ts
destroy the uudre advantage OF spe.
/ eiel privilege and Of srnsu.xisx~ c.~