Wheeling majority. [volume] (Wheeling, W. Va.) 1907-192?, 1914-06-25
About ten yeAra ago the legislature


About ten years ago the legislature
| of New York passed . law limiting
the hours of labor in bakeries IN that
State in the interest of the health and
lives of its citizens engaged in that
work. The law had been given In
telligent consideration by the mem
bers of the State legislature. 1t had
been approved by the governor and
ssutained by the highest court OF the
State of New oYrk and yet in the case
of Lochner VS.. New York One hundred.
and ninety-eight United States Re-
ports, page As, divided court, five
out of nine judges, declared that the
law was unconstitutional. Mr.. Justice
Harlan in dissenting opinion, said:
If there be doubt as to the validity
of the statute, that doubt must there
fore be resolved in favor of its vail
aity, and the courts must keep their
hands OFF, leaving the legislature to
meet the responsibility for unwise leg
islation; but the dissenting opinion of
Mr.. Justice Holmes strikes the very
heart of the matter when he says:
This case is decided upon an econo-
mic theory which a large part Of the
country does not entertain. II it were
a question whether agree with that
theory (limiting the consecutive hours
of labor in bakeries which may be re-
quired of an employee, should desire
to study it further and long before
making up my mind But / do not
conceive that to be my duty, because
strongly believe that my agreement
or disagreement has nothing to do
oh nfo "a rrr ~ fn hnd DIV
their opinions in law.n
"Mr. Speaker, it is because Of the
growing belief that our courts declare
flaws unconstitutional because they do
not believe in the principle of 'econo-
mic ideas embodied in them rather
than because they are in conflict with
the constitution, that the doctrine OF
/ recall of judges and judicial decisions
has found a permanent place in the
minds of our people. 80
1T is common knowledge that the
people have nothing to do with an
appointment of Federal Judge or his
retention in Office and it is just as gen
orally understood that most Federal
judges are nominated and appointed
through the Influence of special in
terests Why should not the people
whose servants the judges are suppos
ed to be, have power to recall then
and also their decisions when those
, decisions are in conflict with the pub
lie need and righteous public de
mand? Wo you say tie people will
! make mistakes in attempting to Sc
cure control of teir judicial servants
by means of tie recall? l answer thai
: Throughout history that same argu
ment has been made against every
attempt of the people to acquire some
share in their government. Let the
agents of special interests argue anC
protest as they may, the stubborn fac
remains that the people intend to take
such. steps as may be necessary tt
compel the courts to serve the inter
ests of the whole people, as was the
original intent of the Constitution.
I'VE have recently decided that I'm
tied States Senators shall be elected
by the people, the judges Of our State
: supreme courts are elected by thu
people. Why should powerful specia
Interests have the right to influence
the appointment of Federal judges
and the people, whose servants the,
: are, be powerless to reach them o.
their decisions?"
II During the progress of Representa-