Evening star., 1924-08-12
Senator Pepper and
Legalized Picketing

1 esteem Senator Pepper highly as a
man and public servant, and it there
fore came as a distinct shock to me
when he advocated legaIizing picket
ing in his recent speech before the
American Bar Association.
Such thing cannot be done without
amending the United States Constitu-
ton, which he advocates. To do this
would be a violation of our individual
rights that exist irrespective OF the
Constitution, and which that instru-
ment simply recognizes in it's guaran-
tee of life, liberty and property. Ac-
cording to the concept Of the fathers,
as expressed in the Declaration of In
dependence, the Constitution created
no new rights, but simply declared
the existence of rights regarded by
them as fundamental and inalienable,
and sought their protection by pro-
hfbiting their violation by any de-
partment of the Government, or by
any class.
The word liberty" was not used in
the Constitution in any narrow sense.
1t embraces all the natural rights of
man, such, for example, as freedom
of locomotion, freedom of contract
with respect to the ordinary and
intercourse, private ownership of
property with security in the use, en-
joyment and the possession thereof.
and the right to engage in the pur-
suit of any and all legitimate busi-
ness and professional undertakings
for pleasure or profit, without let,
hindrance or interference, except in
so far as such pursuits may be ef-
fected with a public interest, and
which may be, therefore, subject to
,1rff tow fnp~ he h
lie welfare, such, for example, as the
operation of a railroad.
X X
The liberty to engage in a legiti-
mate business, free from coercion,
molestation or interference by others
is unquestionably a right recognized
in and guaranteed by the Constitu-
ton, as often held by the Supreme
Court, and is entitled to the pro-
lection of all the powers OF govern
ment, and in respect to which, if
the Government fails, it is unworthy
the name, and is no longer entitled
to the support and defense of the
people.
labor in picketing ones place of
business, whether it be peaceful or
with violence? 1t is to coerce the
owner into acceding to the demands
of the parties whom the picketers
represent. and that, too often without
regard to the practicable or justice
of the demands.
Under such circumstances what be-
comes of the constitutional liberty
of the proprietor of the business, Of
his pursuit of happiness, of his pro-
erty rights and of the free and un-
trammeled conduct Of his business?
I To sanction or approve of picketing,
no matter how peaceful, is to make
a hollow mockery of our constitu-
tional guarantees, to encourage vio-
lence, to deny to the business man
take his property without due prog
ress of law,"-two other constitu-
tional guarantees-and to strike a
fatal blow at the fundamental right
of the ownership and security, Of
are the very basis of social order
and the bulwarks of civilization. And
it may be stated here that the union
laborer Is as much interested in the
defense and security of these guar
antees as is the business man. for
one class of society cannot lose them
without the liberty of all classes 60
ing down together in the long run.
have become our heritage after 1000
years of bloody struggle, and what
will be the inevitable results? Soviet
Russia of today gives us the melan-
choly and terrifying answer
Aside from the parties Immediate
ly concerned in the picketing and the
outrage and injustice to the person
whose place of business is picketed,
and the infringement of his most ele-
mental rights, such picketing is also
an annoyance to and an encroach-
ment upon the rights of the public,
and we'll calculated to and often does
lead to violence and disturbance Of
the peace and good order of the COM
munity.
At this time, when society seems in
state of f1ux, when lawlessness is
rampant, and the moral code seems
no longer to restrain; when the
forces of evil and anarchy are mar
shaling for the overthrow of the So
cial order, and when principles Of
government heretofore regarded and
accepted as automatic are being
scoffed at and resented as hindrances
to every crazy scheme for social bet
terment, we should not enter upon
any such foolish experiment as
amending our Constitution so that
Congress may pass laws legalizing
picketing. Such action would but
encourage the enemies of orderly
constitutional government, jeopardize
the social order, and augment in
every way the tremendous ills that
now beset US.