The Wolf Point herald. (Wolf Point, Mont.) 1913-1940, 1920-01-22

and property without due process OF
law, within the meaning of saic
amendment. So the issue resolves
itself into the query, is legislative re-
gulation of prices in ordinary mer-
camille business unreasonable?
e Common in Olden Times.
"That such regulation and also of
wages were common in England and
to lesser extent in the American colon
les before the union of states, is not
against like legislative right and
power now. For parliament then as
now vas subject to nc constitutional
restraint. 1t had unlimited legisla-
tive power, and to all intents is a con-
t~inuous constitutional convention all
of whose enactments are valid and
must be so considered by the courts.
Despite a due process clause in
magma charta, parliament enacts any
laws it desires and that it believes will
not excite rebellion. So was it in the
American colonies. In England these
price-fixing laws, if they did not in
cite rebellion, they did excite dissatis-
faction and resentment. They may
have had their share in riots and re-
bellion, and did have a share in emil
grafton to America to escape them
as other impositions. They were i'm
practical, failed of enforcement and
were mostly repealed before the
American revolution. Conditions and
people in America were even less suit
ed to such laws, and here they met the
fate of their English predecessors. In
America constitutions a system of
government different from England's
a adopted, designed to remedy Eng
lish abuses and defects, and to insure
a greater freedom. 1t maintained all
basic principles of the social compact
cherished in England, but to accord
with conditions, people, opinions and
morality some different from Eng
lands, it abolished some faults known
in England, and created and protect
ed some rights and powers there UNI
known.
Powers Recognized.
"By it none of the right and powers
OF the people were destroyed, but they
were recognized to IN extent unknown
IN England and were distributed and
Safeguarded otherwise than in Eng
land. Here the people reserve more
power to themselves and gave less to
legislatures than is enjoyed by parlia-
ment. For their own welfare, thew
regulated and restricted the exercise
OF all power, both by themselves and
by legislatures, in respect to, by whom.
when n how any power could be
exercised. And all to avoid revival in
this country of English misrule from
which we were escaping, to preserve
DUR inalienable rights of life, liberty,
property, and pursuit of happiness
n brief, to govern ourselves only with
The consent of the governed and as
COMFORTS with an enterprising
and Independent people in a free land.
while the American people posses
rights and power, they have agreed
contracted every person with all
'thers, that some thereof can be exer-
used by the people alone, some bv
late legislatures alone, some bv the
United States alone, and some bv ac-
ord of three-fourths of the states
Amendment Only Recourse.
Such is the will of the people ex-
PRESSED in their constitutions. In re-
atlon to the power to fix prices and
wages in ordinary business and voca-
ions, it has been assumed and ar
.epted doctrine from the beginning
the people in the state constitn.
ions reserved it to themselves and
Withheld it from legislatures. and
rom the time of the Fourteenth
.mendment that they restricted or
uspended the power so long as tbe
due process" clause be not changed !
appropriate action by three-fourths :
I the states. And this construction !
1 constitutions rises to the dignity ;
I a rule OF property and a principle
1 government, not to be set aside bv 7
sglslatures and courts for any public
plnlon, morality or mergency. but =
MY by the people by appropriate con- =
tltutlonal amendment. +
II there be any decision by a court !
last resort contrary hereto. it has :,
OF beer cited and is unknown. The
aker's bread cases, Mobile v. YuiIle. +
Ala, lao, and Guilotte V. New Or y
cans, II La. An, 432, do not decide =
point or fail to consider the con- q
.1tutlonal provisions here involved.
here is legislative power to regulate .
fix prices and wages in some bust 7
ess and vocations, which is reason j,
Bile and so permitted by the Four f
zenith amendment. :
"The rule thereof is limited to those :
eflned as of public interest, concern i
consequences, such as public util- :
les, grain storage, insurance, wages !;
men in some of said utilities to a I
extent, and wages of women =
minors likewise. Ordinary mer- :
lntile business and common vacations .
'e not of this public interest. con- :
I'm and consequences, but are wholly
'lvate; and so the reason for legis- II
tive regulation of prices therein h
liling, the rule of regulation does !;
apply. 1t follows that any legis- q
tive regulation of prices in the mat q
r of ordinary mercantile business =,
common callings is unreasonable .,
that it does not violate the due n
'ocess' clause of the Fourteenth !.
nendment, deprives of liberty and 81
without due process of law. -
is believed this is clear and settled a
W by decisions of the supreme court. a
Mum ". Illinois, "a u. S. 113, -
Wilson ". New, 243 U. S. BAT: n
any cases involving the validity of =,
gislative price regulation, in view of "
a Fo,rtoo ,+I y oo,Jpoor - 49,