United labor bulletin., 1914-10-10
Believes Rights Of Property
Superior to Rights of Men
While on the Supreme Court Bench
Wrote Decision Declaring First State
Eieht-Hour Law Unconstitutional
Editor United Labor Bulletin:


says:
1--WE believe that he, in his character
and ability, exemplffies that character
of men that should be supported by the
people during the campaign, and If IN
all the other offices We can find candi-
dates that are as well fitted to fill the
position on the Supreme bench we will
be truly glad"
No one questions but what John
Campbell is an honest man, clean NOR
ally and a man of great legal ability;
but he is also an honest reactionnry
tory of the old school. If he had been
a member OF the Supreme Court OF the
United States at the time of the Dred
Scot decision he would undoubtedly have
concurrcd in the opinion OF the court.
The Judge belongs to that class of
men who honestly believe the rights OF
property are more sacred than the rights
of men. The great fault seems TO be
that his heart is in the wrong place. lie
is fundamentally wrong. Judge Camp
bell j. the man who wrote the decision
of the Colorado Supreme Court declar-
ing the first eight-hour law placed on
the statute books of this state to be un-
constitutional This law was an exact
copy OF the Utah eight-hour law which
had been declared constitutional by the
Supreme Court of the United States
Judge Campbell's opinion was an able,
honest opinion of a judge who believed
the rights Of property were far greater
than the rights OF men. 1t Is well to
note the different line Of thought be-
tween Judge Campbell and twentieth
century judge OF the highest court in
our country Judge Campbell in his
opinion on this case declares the act
void;
-First-Because it Is an unwarranted
Interference with and infrinces the righ !
Of both employer and employe in max
ing contracts relating to private busi-
ness in which no possible injury TO the
public can result, and Is obnoxious to
the bill of rights, which guarantees to
all persons their natural and inaliena
BILE rights of peTse liberty and of ac-
quiring. possessing and protecting prop
erty.
Second Because it unjustly and ar
bitrarily singles out class of persons
and imposes upon them restrictions from
which others similarly situated are ex-
empt. and is a contravention of the pro
visions of the constitution prohibiting
class legislation.
sThird-And is not. under our consti-
tuition, valid exercise of the police
power of the state
However, the people of the state,
since that time, have reversed this opin-
ion. The Supreme Court of the United
States in passing on the Utah eight
law. among other things, says:
"Tbree-A statute limiting the period
OF employment of workmen in under
ground mines. or in smelling. reduction
or refining of ores or metals, TO eight
hours per day and making its violation
misdemeanor, is valid exercise of
the police power of the state.
"Fourth-The fact hat both parties
are of full age and competent to con-
tract does not necessarily deprive the
state of the power to interfere where
the parties do not stand upon an equal
ity. or where the public health demands
that one party to the contract shall be
PROTECTED AGAINST HIMSELF.
Further. the state still retains an in
tcrcst in his welfare. however reckless
he may be. The whole is no greater
than the sum of all the parts, and when
the individual health. safety and welfare
are TO be sacrificed OF neglected the
state must suffer-
The difference between these lines of
thought is very wide. i, is Che differ
ence between the reactionary and the
progressive, between the Dred Scott de
cision and the Emancipation Proclama-
tion, between those who believe the peo-
pie should be governed from the top and
those who believe the people should rule.
Judge Campbell was one of the judges
that handed up to the people the deci-
sion in the famous Meyer case, giving
the governor of this state the auto
cratic power to practically suspend the
writ of habeas corpus-allow men to be
arrested and thrown into jail at the will
of the executive, even when the courts
were open and the writs of the court
could be served The late lamented JUS
tge Steele, in his dissenting opinion,
said:
The people could never have intend
ed TO erect such an engine of oppres-
sion. II establishes a precedent that is
so repugnant to my notions of civil lib
erty, SO antagonistic to my ideas of
republican form of government, and so
shocking to my sense of propriety and
justice that l cannot properly charac-
tcrize it."
Judge Campbell was also one of the
members of the Supreme Court that
declared the home rule amendment TO
the constitution to be practically un-
placed in the constitution by very
large majority of the qualified electors
at general election. But since then
a more enlightened and progressive
court has reversed this decision.
Many of our courts interpret the laws
according to their own social and eco
nomic views without reference to the
intent of the legislative branch of the
state government.
Judge Campbell should and doubtless
will receive the support of all the spe-
cial privilege interests in Colorado. but
| fail to understand why any citizen
who believes that the people have some
rights that even the courts should re-
spcct can or will vote for him. Ger
tninlY no man who is now working