Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1921-04-28

OtoiSutys IL pfOVlu6b tubt Wu6H
citizen dies his title to his estate vests
in the State, and the State has the
right to take part, or even all, of it,
if the Statute 30 provides.
This inexcusble finding of our Su-
preme Court, that such law is valid,
is based upon the false theory, that
the citizen has no title to property
except by virtue of our Statute laws.
| say this is an inexcusable error,
and | cannot show it in a clearer light
than to quote what Judge Winslow of
the wisconsin Supreme Court says,
in Vol. 1923, page 1870. He says: "The
fallacy of the idea that the govern
ment creates, or withholds property
rights at will, is very apparent. I'M
der our system the government is OF
the people-the product of social
compact. The people in full possess
sion of liberty and property come to-
gether and create government to
protect themselves, their liberty and
their property. The government
they create becomes their agent, the
officials their servants. Under the
theory of the North Carolina Court,
and many others, these agents in turn
create property rights and confer
them upon their creators, who pos
sessed these rights long before: The
people create an agency to protect
their existing rights, which assumes
to confer or withhold these rights.
Governments have, indeed, from the
earliest times regulated the exercise
of these rights, prescribed ways and
forms for their exercise and protect
ed them by positive laws; and so they
do now. From this universal exercise
of the right of regulation, the idea OF
government right to create or de-
stroy may have arisen; but it seems
more likely to have arisen from fail
ure to keep in mind the radical diff
ference between ourrepublicsn theory
of the origin of government, and the
European mediaeval theory.
Sour theory is, that the people in
full possession of inalienable rights
form government to protect these
rights. The mediaeval idea was that
the government was sent down from
above, and that from it rights and
privileges were allowed to flow in
gracious streams to the people, who
would not otherwise possess them.
That there are inherent rights exist
| ing in the people prior to the making
OF any of our State Constitutions, is
fact recognized and declared by the
Declaration of Indepence, and SUBJ
stantialiy by every State Constitu-
| tion.n
/ I could go on and sh ow that the in
heritance law violates our Constitu
ton, but it is really unnecessary. No
lawyer or Judge will dare deny the
truth of what Judge Winslow states,
as have copied above, and sign his
name to such a denial. Nor can any
reader be found, SO ignorant, as moi
to see the common sense presented
by Jud ge Winslow.
The idea, that when you die the
State may take all of your property
and leave your wife and children il
the street, is so absurd, that ! may
safely say, that any legislator who
votes to continue this coniscatorJ
!, law in our Statute, is either too ignor
ant, or too destitute of sense O
honesty, to be sent to Jefferson Cit.
to make laws.
The fact is, as Judge Winslow says
our judicial and legislative depart
ments have forgotten the radical diff
ference between the American sys
tenn Of government and the European
mediaeval theory, and as a conse
quence, the people of the Unitet
! States are today in state of slavery
which must inevitably followa demo
cratic system of government with tn
! safeguards Of written constitution
ignored; and If they don't wake u
and go to work to re-establish tn
I grand old government our father
! handed down to us, poverty OF tn
masses will follow slavery.
| na. D.E...az MI Tee Irr~a q = 40