Twin city review. [volume] (Champaign, Ill.) 19??-1929, 1922-12-08
In S. ]. KONENKAMPl


Is. J. konenkamp, author of the
following article, is trade unionist
Of national reputation who is now
practicing Law in Chicago. He was
formerly international president oil
the Commercial Telegraphers' Union
Ed
The debates for and against the
proposed constitution for the State
Of Illinois Are gradually drifting in
to the long, long struggle of human
rights against proDert rights. The
liberals, progressives and other adj
yocates Of human rights are opposed
TO the constitution, while all the ele-
ments called "big business" and
"vested interests" are for the change
The supporters of the new eonsti-
tuition are already labelling their OPP
ponents with the customary terms OF
red radical, and names of a similar
nature. The champions of property
rights pretend to see no harm in
emasculating the bill of rights; OF
putting the question of abil entirely
in the hands of the judiciary; nor dc
they find anything contrary to the
fundamental principles of liberty In
giving the Attorney General unlim-
tied power in making arrests. Their
excuse for making the state supreme
court the ruling power within the
state is that il will make for eff
cheney. So, the human rights group
opposing these changes are charged
with having some secret motive. The
advocates of the constitution cannot
conceive of any one really defending
ls..txk flr.f la
mentioned in the preamble of the new
constitution but found nowhere else
in it.
The fear of granting such powers
as to make judicial obliarchy posi-
BILE in Illinois is ridieuled and jeered
by those who favor ii and the oppo-
sition is tainted with accusations OF
defending the professional criminals
in the big cities or that perhaps the
opponents themselves have reason to
fear the law, etc. The first alega-
ton is false, the second is true for
very important reasons.
Criminals of 9th high and low de-
gree have little regard for either a
basic or a general law. The high
grade lawbreaker disregards the con-
stitution so long as he can hire
crooked legal brains to show him the
way to get by. The low-grade crook
depends upon his political pull, pc
lice drag or other influence to help
him escape. These groups may ask
what's the constitution between
friends but the independent citizen
vested interests have no such re-
sources. 1t is this group that have
every reason to fear any encroach-
ment upon their liberties.
Laws are never enacted by the
common people. In this state they
seldom get chance to vote on leg
islation. Laws are frequently enact
ed to get after the trusts, vested in
terests and "malefactors of great
wealth" only to be twisted by the
courts into a weapon against the peo-
pie themselves; and only occasional
is there a slipup such as prompted
southern editor to roundly de-
nounce the raiding of private club
under state prohibition. In the
course of his denunciation he said
Prohibition was never intended to
be enforced against gentlemen but
was only aimed at the negroes and
the poor white trash"
Within the last year judge Of
the Jew Yor ksupreme court In
granting an injunction against work
ing men boldly stated in his decision
that "They (the, courts) stand at all
times as the representative of cap
ital-of captains of industry If you
please" and then expounded the pa
ternal interest and care of the ju:
dietary in general in protecting
property rights.
The unfair record of the judicial
system in dealing with human rights
has been condemned by eminent re,
dictionaries like Elihu Root; by broad
gagged men like Theodore Roosevelt
who urged the recall of judicial de.
cfsions; my VIM. J. Bryan for its ia.
voritism to big business and by man,
others who were never reds" moi
even pink.
There are many reports of commits
sions, public and private, Federal ant
State, condemning the weakness Of
our judiciary where human rights
are concerned. The development Of
the law has been on tn eside of prop
erty rights. The idea of human be
ings, except the ruling class, having
any rights at all is a comparativel.
new phase of legal jurisprudence. i
is this fact that makes many people
fear any curtailment of human rights
We cannot forget that the Apostles
Peter and Paul spent some time il
jail; that it was in a cell where Johr
Bunyan wrote pilgrims Progress,
and even Clemenceau, the Tiger OF
France, is reported to have done hi.
bit "in the STIR" Each one of then
spend time because of some effort