The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1912-02-22

York, declared unconstitutional the
workmen's compensation act. In their
decision the judges admitted the
wrong and the suffering caused by the
practices against which the law was
aimed. They admitted that other civ
| iliZed nations had abolished these
wrongs and practices. But they took
the ground that the Constitution OF
the United States, instead of being an
instrument to secure justice. had been
ingeniously devised absolutely to pre-
clause in the Constitution which for
babe the taking of property without
due process of law forbade the effort
which had been made In the law to
distribute among all the partners in
an enterprise the effects Of the In
| juries 10 life or limb of wage-work-
er. In other words. they insisted that
the Constitution had permanently
cursed our people with impotence to
right wrong, and had. perpetuated
cruel iniquity; for cruel iniquity is not
| too harsh a term to use in describing
the law which, in the event of such an
accident, binds the whole burden OF
Gripping disaster on the shoulders
least able to bear 1.-THE shoulders OF
the crippled man himself. or the dead
mans helpless wife and children. No
anarchist orator. raving against the
| Constitution, ever framed an indict-
ment to it so severe as these worthy
and well-meaning judges must be held
to have framed if their reasoning be
accepted as true. But, as matter
Of fact, their reasoning was unsound,
and was as repugnant to every SOUND
defender of the Constitution as to
every believer in justice and right
eousness. In effect, their decision
was that we could not remedy these
wrongs unless We amended the Con-
stitution mot the constitution Of the
state, but the Constitution of the ma
tom by saying that property could be
taken without due process of law! IL
seems incredible that any one should
be willing to take such a position. IL
is a position thae has been condemned
over and over again by the wisest and
most far-seeing courts. In its essence
1t was reversed by the decision OF
state courts in states like Washington
and Iowa, and by the Supreme court
of the nation in case but few
weeks old.
According to one of the highest
judges then and now on the Supreme
court of the nation. We had lived for a
hundred years under a Constitution
which permitted a national income
tax, until suddenly by one vote the
Supreme court reversed its previous
decisions for a century, and said that
for d century we had been living under
a wrong Interpretation Of the Constitu-
ton Chat is, under a wrong Constitu-
t:on), and therefore in effect estab.
lished a new Constitution which we
are now laboriously trying to amend
so as to get it back to the Constitu-
ton that for a hundred years every.
body. including the Supreme court.
thought it to be. When | was presi-
dent, we passed a National Workmen's
Compensation act. Under 1t a rail
way man named Howard, | think, was
killed in Tennessee, and his widow
sued for damages. Congress had
done all 1t could to provide the right.
but the court stepped in and decreed
that congress had failed Three of the
judges took the extreme position that
there was no way in which congress
could secure the helpless widow and
children against suffering, and that
the mans blood and the blood of all
similar men when spilled should for.
ever cry aloud in vain for justice.
This seems a strong statement, but
it is far less strong than the actual
facts; and | have difficulty in making
the statement with any degree Of
modification. The nine justices OF the
Supreme court on this question split
into five fragments. One man, ex.
Justice Moody, in his opinion stated
the. case in its broadcast way and de.
manded justice for Howard, on
grounds that would have meant that
in all similar cases thereafter justice
and not injustice should be done. Yet
the court, by majority of one, de-
ciGed as | do not for one moment be.
lieve the court would now decide, and
not only perpetuated a iamentable in.
justice in the case OF the man himself,
but set standard OF injustice for all
similar cases. Here again ask you
not to think OF the mere legal formal.
ism, but to think OF the great i'm.
mutable principles Of justice, the
great immutable principles Of right
and wrong, and to ponder what II
means to men dependent for their live
lihood, and to the women and chill.
dren dependent upon these men, when
the courts of the land deny them the
Justice to which they are entitled.
Now, gentlemen, in closing, and in
thanking you for your courtesy, let me
add one word. Keep clearly In view
what are the fundamental ends of
government. I hope that not only
you and | but all our people may ever
remember that while good laws are
necessary. while 1t is necessary TO
have the right kind of governmental
machinery, yet that the all-important
matter is to have the right kind OF
man behind the law. A good Consti.
tuition, and good laws under the Con.
H. ~