Missouri Valley times. [volume] (Missouri Valley, Iowa) 1874-1931, 1912-02-22

months ago. Dy tho court OF Appeals
of my own state, the state Of New
York, declared unconstitutional the
workmen's compensation act. In their
decision the Judges admitted tho
wrong s,d the suffering caused BIZ tho
practices against which the law We,
aimed. They admitted that other civ
iiized nations had abolished these
Wrongs and practices Bit they took
the ground that the Constitution Ut
the United States, instead OF being an
ingsnlous.y devised absolutely TO pre-
Vent justice. They insisted that the
clause in the Constitution which for
babe the taking of property without
Cue process of law forbade the effort
which had been made in the law to
an enterprise the effects of the In
Jltiies to life or limb OF wage-work-
er. In other words, they insisted that
the Constitution had permanently
cursed oar people with impotence to
riam' wrong, ard had perpetuated a
" ssN itflN't!t,N, lVl' VI IVA NV
ice harsh a term to use in describing
the ls.As which. in the event OF such an
aceidcnt, siE9s the whole burden cf
cripplinG Disaster on the shoulders
least abe TO bear 1.-THE shoulders OF
the crippled man himself, or the dead
anarchist orator, ravil against the
Constitution, ever framed an indict.
me!lt to 1t so severe as these worthy
and Mcll-meaning judges must he held
to have framed III their reasoning lie
accepted as true. But, as a matter
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-
state, Llt the Constitution of the ma
tion) by saying that property could BIO
taken without due process OF law. Ii
seems incredible that any one should
be willing to take such a position. 1t
is n position that has been condemned
over and over again by the wisest ard
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 n 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 Constitution
which permitted national income
Supreme court reversed its previous
decisions for century, and said that
for a century we had been living under
a wrong Interpretation of the Constitu-
ton CHAT is, under wrong Constitu-
tion), and therefore In effect estab-
are now laboriously trying to amend
so as to get lit back to the Constitu-
ton that for a hundred years every
body, including the Supreme court,
thought 1t to be. When was rresi-
dent, we passed National Workmen's
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
{ i,,Ir %ho hot
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
1t 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 it's broadcast way and de
mandcd justice for Howard, or
grounds that would have meant that
In ;ii similar cases thereafter justice
;:ad not injustice should be done. Yet
The court, by majority of one, de
cded as l do not for one moment be
lieve the court would now decide and
not only perpetuated lamentable 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
mutablc principles of Justice. the
great immutable principles of right
end wrong, and to ponder what II
Aeans to men dependent for their live
ihood, and to the women and chill
dren dependent upon these men, when
the courts of the land deny them TIE
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 oil
government. hope that not only
you and but all our people may evcl
remember that while good laws are
necessary, while it is necessary te
have the right kind Of governmental
machinery, yet that the all-importanr
matter is to have the right kind o
man behind the law. A good Consti
tuition, and good laws under the Con
stitution, and fearless and upright of
ficials to administer the laws-al
these are necessary; but the prime re
quisite in our national life is, and mus
always be, the possession by the aver
age citizen of the right kind of char
acter. Our aim must be the moraliza