The Butler County press. [volume] (Hamilton, Ohio) 1900-1946, 1913-05-02
WEALTH A PRODUCT OF TOLL
Without Labor Capital Would Be
Worthless-Good Morals Do Not
Sustain the Assumption That Both
Stand Equal Before the Law.

The chief justice of the Oklahoma
criminal court of appeals, Judge Hen
ry M. Furman, has just rendered a
decision in which the action of the
lower court in quashing indictments
against prominent citizens who had
violated the state antitrust laws is re-
versed The opinion of Judge Furman
clears the way to prosecute violators
of the state anti trust laws. The Okla
homa antitrust laws exempt labor
unions from the operation Of these
laws, and, according to the opinion rem
uered, this fact does not invalidate the
laws. This has been the contention Of
the American Federation of Labor.
To sustain the contentious of counsel
for the appellees would be in effect to
decide that in the state of Oklahoma
trusts and monopolies are practically
above and superior to the law and that
they may at their pleasure, through
their combinations and conspirators,
grind the people like grain beneath the
upper and neither stones, take from the
mouth Of labor the bread which 1t has
earned and divert the stream of wealth
1t has produced by hard and honest toll
from its rightful channels and pour 1t
into the undeserved and already over
flowing Golfers of the few.
1t would doubtless have been very
gratifying to those persons engaged In
such unlawful undertakings If the leg
islature had attempted to give fixed
definitions of trusts and monopolies,
for then their able attorneys could
point out how the same purposes could
be accomplished by a slight variation
In the methods used, and thereby they
could do as they wished and escape
the penalty of the law prescribed for
a violation of the fixed definitions.
II fixed definition of trust and of
q monopoly had been given then they
would have so shaped their business
as to place it outside of this fixed def
milton, and under their fayorite doc
trine of a strict construction of penal
statutes they would have been allow
ed to defy the law and rob the people
at pleasure. The only way in which
they can be reached is by general def
nitions and the doctrines of a liberal
construction OF penal statutes, and
that is just what we have in Okla
homa; hence the law Is going to be en-
forced, and those gentlemen must Ell
ther abstain from their illegal conduct
or suffer the consequences. We think
that the definitions contained in the
statutes are as certain as the nature Of
the evils at which they are aimed will
admit.
If all the capital in the world were
destroyed a great injury would there
by be inflicted upon the entire human
race, but the bright minds, the brave
hearts and strong arms Of labor would
In time create new capital, and thus
the injury would be ultimately cured
II all of the labor on earth were de-
stroyed capital would lose it's value
and become absolutely worthless.
Labor is natural; capital is artificial
Labor was made by God; capital is
made by man Labor is not only blood
and bone. but it also has a mind and
a soul and Is animated by sympathy
hope and love Capital is inanimate
soulless matter Labor is the creator;
capital is the creation.
A single drop of sweat upon the
brow Of honest labor shines more
brightly and is more precious in the
eyes of God and is Of more benefit to
the human race than all the diamonds
any king. If the state did not protect
the farmers of Oklahoma against such
conspirators as these the law would
be a miserable, contemplate farce, a
snare mockery, burden and delu-
sion.
The contention of counsel for appel
lees is that if the lazy protects COM
binations of labor or Of any class OF
citizens of the state it must also pro-
tect combinations of capital; other
wise a class of citizens who are not
afforded this protection are discrimi-
mated against and deprived of that
equal protection of the law which the
GOuSLILullOtl VI lllc ~ nllCu cIdIcS
antees to every citizen of the United
States. A careful consideration of
this matter viii show that the conten-
ton OF counsel for appellees Is not
tenable It must be conceded that the
legislature has the right and power to
make reasonable classifications with
reference to any proper subject of leg
islation.
The assumption of counsel for appel
lees Is that the rights of capital are
equal to the rights of labor. Good
morals do not sustain this assumption
While labor and capital are both en-
titled to the protection of the law, 1t
is not true that the abstract rights OF
capital are equal to those Of labor and
that they both stand upon an equal
footing before the law But IL we
eoncede that the assumption of coun-
sci for appellees is well founded and
II we arbitrarily and in disregard Of
good morals place capital and labor
upon an absolute equality before the
law another difficulty confronts them.