The Bridgeport evening farmer., 1913-11-06


 B IN THE FAMOUS NEW LONDON CASE B
 H1s newspaper was not Without some original misVings
 as to the proprey of the grant of eminent domain to of Judge George Wheeler he opinion by the majority the Court confess that where the public need infinitely less and if the need in the present less striking than h the threat to the Republican which exists the opinion of the majority of the court would far outweigh the the legislative might committed but did
 So Judge Wheeler's opinion in this principles been laid by greatest jurists earliest days, published issue the careful consideration of all thoughtful citizens asked for it.
 Here nothing be added to the weight of the argument which Judge Wheeler advances in favor of the or the laW and against that form o judicial usupaon by which coudeparting the function of the judicial by of their whims preconcepons hair splitting emperamen-read into statutes their thoughts and eonoetions of public policy and become thereby NOT NIENT; NOT A PARLIAMENT, BUT AN OLIGARCHY.
 Connecticut is without considerable institution devoted ldowed is o he onerated @ charity Ist as and Harvard and begins much considerable scale than Yale or Harvard, able to do
 So convinced the General Assembly, that the higher ed public benefit preamble the charter of the Connecticut College it's belief that the of a site site is a matter of public concern" the well being of the public is involved in them Education is
 Tn which has the greatest interests and educ tiona institutions of those which peculiarly adapted by the of but by it's own instrumentalites.
 Confronted by these circumstances conditions the
  lby ests upon theory Connecticut College public college would not be open to all the women of the State on equal terms conclusion which Mr. Justice Wheeers opinion petely upsets.
 upon majority to conclusion The chief fact to have been that the charter does not terms provide for equality but charters such charter of water company of the examples cited in the min or opinion which the equality the public implied and this equality sbetween individuals will be enforced by, the courts
 The precise merit of the ao however to whether the General Assembly less wise less wise, is not involved.
 
 BRANCH SHALL MAKE LAWS according to it's and upseng the laws made by the legislative branch which alone has the power of making laws which alone directly responsible the ballot box to the electorate, for the laws that are made
 Justice Wae said, the Sinking Fund Gases, which were decided in 1878:
 Bes9e @ % is m fa0oF ] of h % zstai @ of without observance of this saIutary @ And And this has has
 from nagshallS = da pnt t0aay % 9nGe 0 | In the New London Wheeler speaks thought authority the judicial giants of his country against danger of judicial legislation vvhic has real.
 the Connecticut College for Women stands upon may relatively unmportan to the But whether not the Supreme Court nuifies legislation where there clear stitutional command concerns everybody
 yet attempt in this State destroy agency of the judiciary the Public Utilities law
 No attempt o the judicial power to destroy the Work Compensation has yet been made in this State.
 But in States the help of the judiciary has been sought against such great statutes o social sc and not Tn vain.
 Against the day when designing appeal the judiciary the nucaton of social justice in Connecticut thoughtful and to consider the principles judicial laid by Mr. Justice Wheeler in his Con College opinion bespeak equally careful sideraon of t it to dangerous views of the jority of the court
 In his concluding paragraphs Judge Wheeler says: