Wheeling majority. [volume] (Wheeling, W. Va.) 1907-192?, 1912-06-20
nncongtltutlOnal, ana enlsglng :

odS, is the cond1t1on We now ma our
selves in. because Of over confidence
and the lack of that Eternal vigilence
we owe to ourselves and the coming
generations.
Simple and specifi cas- the language
of the constitution appears, it has
been SO distorted by judicial interpre-
tations as to render it susceptible Of
any meaning they desire to put upon
it. As an illustration, when Judge
Lands assessed fine Of twenty-nine
millions of dollars against the Stan
dard Oil Co. for its fIagrent violations
of law, Judge Pollock, superior judge
decided that the fine was exhorbitant
and therefore, unconstitutional. The
Standard Oil Co. was amply able to
pay the fine and it was the penalty
affixed to the law under which they
were tried. yet because it was SO high
it was unconstitutional. But the
same judge nor no other one, has
ever been known to pronounce law
unconstitutional that fixes penalty
of ten, twenty or any other sum agains
a man who is not able to pay it.
During me past twenty years, the
period of the existance of the trusts,
there is scarcely setting of our fed
eral courts but what as Inconsistent
rulings as this one has been made. In
our own city, if possible, a more glar-
ing inconsistency was perpetrated by
Judge Dayton. A suit had been in
the federal court for years in which
a farmer had sued the Standard Oil
Co. for putting a well down on his
land and taking his oil. And as soon
as Judge Dayton came to the bench
he rendered a decision exempting the
Standard Oil Co. from damages en- the
ground that he, the judge, was salts
fed in his mind that the Standard Oil
Co. did not know they were on this
mans land. If / mistake not, in the
same setting Of this court, he sent a
man and his wife to jail for sixty
days for violating an Injunction that
was clear they did not know they had
violated. The Standard Oil Co. could
plead ignorance and go free, but a
poor lasoring man or woman is sup
posed to know what they are doing
and if not, must pay the penalty.
And even where the constitution
forbids legislation as in the matter OF
the freedom Of speech, press and the
bearing of arms, these rights are be-
denied by officials, as in Colorado,
Washington, Massachusetts, Pennsyl-
vania and California, with the perfect
knowledge of the federal courts with
out even reprimand. Is, as our fore
fathers considered these rights were
SO essential to the maintenance OF
our liberty as to forbid legislation
against them, our courts should, un-
der all circumstances guard these
rights with that eternal yigilence
which is the price Of liberty. But not
doing it, it is evident cur courts have
become a menace to that liberty guar
anteed by the constitution, and not TO
raise our. voices against such courts
is to forfeit every means OF defense
we have of our liberty.
Had there not been any encroach-
ments upon these and other cohstitu-
tional rights, there would never have
been any serieu sagitation for changes
in the present system of society.
The agitator instead OF being consider
ed an enemy to society is the only
true patriot to principle. He may not
always advocate the best constructive
principles, but he is brave enough and
true enough to his convictions to adj
vocate them in the face Of all opposl-
ton. Garrison, Phillips, Lovejoy, Lane
and Brown loved principle more than
life, and, it was their agitation that
purged our government OF the curse
Of chattie slavery. There never has
been an agitation in this country but
what has been more Of q blasting
than an injury to society.
The most strenuously opposed agita-
tons have been those we have re-
ceiyed the NEST good FROM. No man
is rightfully entitled to the honor OF
a patriot who has not been an agtta-
tor of the principles of liberty and
Justice, and if in opposition to false
administration Of his own country,
that much the more is he deserving
Of it.
The agitation of. the Initiative,
referendum and. recall was born OF
violence. Experience has demonstrat-
ed it to be the only means Of maintain
ing liberty. And it is evident that
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