The New York herald., 1921-06-27
The Bonus Law.
1t Poses q Problem for Upholders OF
Constitutional Government

To THE NEW YORK HERALD: 1t has
hen our boast that this Is "a Govern
ment Of laws and not of men," but is
Il? l have been asked from various
quarters to intervene in some manner
in the bonus litigation now pending, but
/ prefer the forum Of the press to that
OF the court. for the reason that am
pleading the cause of a Government OF
laws. BY intervening could add moth
ing to the brilliant brief Of Louis Mar
shall and Chester D. Pugsley.
1t is not a question OF informa-
ton or intelligence but question OF
judicial independence that is on trial
now. and take a philosophical interest
In this question because our 1udicial
system Is essentially the distinguishing
feature of our form of Government. and
il that cannot be relied upon there Is
an end OF liberty under the protection
Of the law.
I assert that every judge knows that
this act Is unconstitutional because the
law presumes knowledge OF the law In
every individual. and the judges are In
telligent men and trained lawyers. and
no court in the past half century has
suggested that It was within the power
Of any legislative body to vote money
or property out Of the possession of one
man and into the possession Of another
as a mere gratuity.
Almost a century ago Mr.. Justice
Story. writing for the Supreme Court
of the United States in Wilkinson VS..
Leland G. Peters. 627. $3.50. declared
that: "We know Of no case in which q
legislative act to transfer the property
Of A to B, without his consent. has ever
been held a constitutional exercise Of
legislative power in any State IA the
Union" And the same great court. re-
lying upon this authority. In Missouri
Pacific r. r. Co. VS.. Nebraska QS4
u. S., 403, 41D, declared that: "The
taking by a State OF the private prop
erty of one person or corporation, with
out the owners consent, for the pri-
vate use Of another. ia not due process
Of law, and is violation Of the Four
teenth Article of Amendment OF the
Constitution Of the United States"
Moreover, the Constitution of the
State Of New York asserts IN clear and
unambiguous language that 1.-The credit
OF the State Of New York shall not In
any manner be given or loaned to or
in aid Of any individual, association or
corporation" and in constituting statutes
or Constitutions. the rule is well estab-
lished that resort must be had to the
natural Specification OF the words en-
ployed, and if they have definite mean
ing, which involves no absurdity or con-
tradiction, there is no room for con-
struction. and courts have no right to
add to or take away from that mean
ing" (Tompkins VS.. Hunter, 149 N. Y,
III, 123.)
Speaking Of these provisions of the
Constitution guaranteeing the right Of
"life, liberty and property" the Supreme
Court has said that ut cannot be denied
that both were intended to be enforced
by the judiciary as one Of the depart
ments Of government established by the
Constitution. No man in this
country Is SO high that he is above the
law. No officer of the law may set
the law at defiance with impunity. All
the officers of the Government, from
the highest to the lowest. are creatures
OF the law. and are bound to obey 1t.
1t is the only supreme power In our
system of government, and every man
who by accepting office participates in
its functions is only the more strongly
bound to submit to that supremacy. ard
to observe the limitations which 1t i'm
poses upon the exercise of the authority
which 1t gives" Omitted States VS.. Lee,
100 U. s., 1876, 220.)
The Constitution Of the United States
Cart. W., s3) requires that "all execu-
tive and judicial officers. both OF the
United States and of the several States.
shall be bound by oath or affirmation 70
support this Constitution" and Section /
of Article XIII. of the State Constitu-
tion provides the form Of oath to sup
port both Constitutions. The judges Of
the Court of Appeals take this oath !;
the bonus statute is violation of the
Constitution under which they serve,
and 1t will be interesting to see how
these judges meet and dispose OF the
question. BENJAMIN s. DEAN.
JAMESTOWN, June %.