The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1912-03-09


ana rnzlnDle way OF raTarlne iudI
elai construction ~ the eonsillrlionl
WHY'S y tne construction wrong
can z not he rishted IL = e6nstitu.
llennl anendnent9 Tlie 6cifihs n
that = trues usually he'd ed
about BY ana lalanees ileyikeii
70 secure delay, deiIbegah on. discus.
/ sion before q change Of the tgnua.
r,eniat law. But sueh atnepdments
can be made, ana e so the effect OF
the decision can lie reversed IN re-
spect to a new law By an amendment
with express terms OF authority to
enact such Q law. An answer made
TO- this Is that the same Judges VIII
feonstrue the amendment ana defeat
the popular viii, as ii tlieqfirst n.
Stance. This assumes dishonesty and
IA gross violation 6f their oaths Of
duty ON the part 81 judges: hSpotl1e.
sis utterly untenable, II the meaning
of the amendment is made plain, as.
It readily can be. Of course the court
viii follow It
Tyranny Of Temporary Majority
have examined this proposed meth
cd OF reversing judicial decisions on
constitutional questions with care. Is
do not hesitate to shy that It lays the
AK ut the foot Of the tree Orwell or.
.dered freedom and subjects the guar.
antics Of life, liberty and properly
without remedy to the fitfui impulse Of
q temporary majority Of an electorate.
Mr.. Justice Miller of Iowa was one of
the greatest jurists that ever adorned.
the supreme bench Of the United
States. Speaking for that great court
in the case Of Loan association versus
Topeka GO Wall, 900, in a case pre-
tsenting the question of the constitn-
tionality OF a law imposing a general
tax on all citizens to pay for factory
to be run and owned by a private com
pany attersreferring to the act as san,
invasion Of private right he said:
ut 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 ofpow.
er. Is, after oil, but despotisn. It is
true It is despotism of the mapyHof
the majority, If you choose to call It
so. But it is none the less a despotism.
1t may well be doubted If man is to.
hold all that be accustomed TO call
his own, all; in which hethas placed his
happiness and the security Of which is
essential to that happiness, under the
unlimited dominion OF others, whether
1t is not wiser that this power should
be exercised by one man than by
many.
%.The theory of our governments,
state and national, IS opposed to the
deposit OF unlimited power anywhere.
The executive. the legislative and the
judicial branches Of these governments
are al Of limited ana defined powers.
%There arc limitations on such pow.
er. which grow out OF the essential ma
ture of 'alrffree governments 1inpHed
resertations5o f Individual rights, with
out which the social compact could not
exist and which ale srespected by all
governments entitled to the name ~"
"To lay With one hind fine power Of
the government on tie ilt6perty Of the
citizen and with the other to Destow 1t
upon favored individuals to aid pri-
vate enterprises and build up private
fortunes is none theSless a robbery be-
cause 1t Is done under the forms OF
law and istcallr.d tazationy This is not
legislation. It's a decree under legis.
lative FORMS"
Trsopass on individual Rights.
Do not the words and'fflustration Of
this case bring before as what we
might expect from the exercise Of the
power of a popular majority to reverse
solemn judgment of 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 a trespass
upon individual rights? l.-ss,
agree that we are making -progress
aud ought TO make progress in the.
Slipping Of governmental action TO SCI
cure grenter equality of opportunity, to
destroy the undue advantage of spe-
cial privilege and of accumulated cap.
ital and to remove .obstrnctions to the
pursuit Of human happiness, and in.
working ont these difficult problems
we may possibly have from time to
time to limit or narrow the breadth Of
constitutional guarantees in respect Of,
property by amendment. But if we do.
it let us do 1t deliberately, understand.
ing what We are doing and with full,
consideration and clear weighing Of
what We are giving MP of private right
for the general welfare. Let US do It
under circumstances which shall make;
the operation of the change uniform
and Just and not depend on the fever
ish, uncertain aud unstable determini-
nation of successive votes on different
laws By temporary and changing ma,
jorities. Such a proposal as this is ut
terly without merit or utility and, In
80 = L.. a