The Madisonian. (Richmond, Ky.) 1913-1914, 1913-06-24

said by which the State of Ken
lucky could make a class of the
Confederate. soldier and deal with
him differently from the rest of
mankind.
The opinion is a fragrant OUT
rage, rape of the Constitution.
Those who love constitutional
government should not hesitate
to denounce it.
The short, dissenting opinion
of Judge Lassing, which is a gem,
reads as follows:
when the act under considera-
ton was adopted there was in
force in this State a general law
making provision for the support
of all INDECENT and dependent
Confederates and their widows,
Kentucky Statutes, Chapter 22-a,
and amendments thereto.
"The act before us is not gen.
eral in its application and is in
direct and open violation of Sec
ton SO, Subsection 20, of the
Constitution, which provides:
Where a general law can be
made applicable, no special law
shall be enacted
THE Legislature has the UNI
doubted right to classify persons
to be affected by a legislative act,
but such right is always subject
to the limitation that the classif-
cation must be reasonable and
natural. The classification here
attempted is neither reasonable
nor natural, but is arbitrary and
unjust. Thousands of our citi-
zens, equally deserving and with
less means of support than many
of those provided for in this act,
are denied its benefits. It is class
legislation of the worst type.
"But, brushing aside the plain
provisions of the Constitution,
the validity of the act is upheld
upon the ground that they, who
are provided for therein, have
rendered such public service as
they should be provided for. |
concede that the Confederate sol
diers were brave men and that
they fought with a courage and
determination that challenged the
admiration of the civilized world,
but by the arbitrament of the
sword, every principle for which
they contended was decided
against them. The integrity of
the Union was preserved. While
theirs was a brave, gallant and
heroic fight, | cannot bring my
self to believe that, in their strug-
gle for the lost cause, they rem
dered either the National or State
Government a public service
within the, meaning of these
words as found in the Bill of
Rights. When Legislatures, sway
ed by sentiment, make reckless
appropriations in violation of the
plain provisions of the Constitu-
ton, the people look to the courts
for relief against the oppressive
and unjust taxation which such
legislation produces; and courts,
much as they may sympathize
with the condition of those who
are made benehciaries of such
legislation, should hesitate to give
to the plain language of the Con
stitution a strained construction
in order to uphold such legisla-
ton. The rights of those not
benefited by the act are entitled
to the courts protection as much
as the rights of those who are.
Il have been unable to find any
case where one, whose efforts
were directed toward disrupting
the Government, has been declar
ed to have rendered public
service to that Government. The
construction which the rnajorit,
opinion gives the words public
service, as found in the Bill O
Rights, is certainly at variance
with the generally-accepte mean
ing of these words, and ! am Tin
willing to adopt such construction