The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1934-12-31

This is the first of a series of articles on
the Constitution of the United States.
THE Supreme Court today faces the adjust
l. ment of our basic law to the desires of the
people. In two national elections the people
have emphatically declared their wishes. The
problem of the court is to see whether these
demands may be met in an orderly manner
If this proves possible then the present ses-
sion of the court may be the last step in the
bloodleSS revolution of President Roosevelt. If
the justices can not reconcile the people and
the Constitution there is the tedious alternative
of Constitutional amendment.
Unfortunately a third possibility exists. In
1857 the Supreme Court, in masterful opinion
by the distinguished Chief Justice fancy, I'M
dertook to settle" the slavery question. The
people rejected the courts decision, war fol-
lowed and within a decade a mere proclama-
ton by President Lincoln wiped out the bred
Scott decision forever.
The Tory mind is prone to consider the Con-
stitution an invincible, perpetual motion ma
chine, unchanging and Interchangeable. AS a
matter of fact it is a way of life. Thus the
people who live it must prevail over it. The
late Senator Albert j. Beverage sensed this
three decades ago when he said
For, in any event, the people will grow;
in any event, problems undreamed of by
evolved from changed conditions and I'M
precedented social and industrial situations.
And, if the Constitution is not self-adapting
to the march of history and the progress of
the people. revolution will rend the Consti-
tuition to pieces
Since Senator Beveridge made that prophetic
remark students of government have begun to
realize that it is not easy to define just what the
people" means. That the people" must and
shall be the supreme authority under the Amer
lean form of government is admitted. But who
are they?
CRACKER box politicians of the breast-beat-
Aing school love to wave the flag and shout
about the 'peepul" mayor of New York was
elected on the slogan Il am for the people and
against the interests" 1t never occurred to him
that these interest" corporations were what
he meant-were as integral part of the people
as the man who operates a trolley car or runs
a dry goods store.
For corporation, under the law, is person.
Sir William Blackstone worlds outstanding legal
commentator speaks Of corporations as "arti1-
cial persons" John Marshall greatest of Su-
preme Court Justices in almost the same words,
defined a corporation as IAN artificial being, in
visible intangible and existing only in contem-
plation of the law"
Before the bar of justice a corporation has
all the privileges of citizenship except the vote.
But it can, and does, profoundly influence the
ballot 1t may sue and be sued, purchase and
hold property, and transact the various types of
business.
In addition, it has two remarkable dispense
tons denied to any fesh-and-blood person. 1t
can be immortal on this earth. Because cit has
no soul" as Sir Edward Coke remarked, it can
not commit a crime and go to jail no matter
how unsOcial its conduct.
The cooperative device originated as a shield
for the humble. Ancient Rome granted it
as a privilege to slaves and freedmen who wished
to club together to insure one another decent
burial. Many scholars believe that the early
Christians made use of the corporation to con-
ceal their forbidden religious activities.
Z ARLY in the Renaissance England granted
IL the right of incorporation TO rich men who
wished to establish universities hospitals and
other educational and charitable institutions The
crown allowed this privilege so that a donor to
a worthy caUse might be assured that the pur
pose for which he gave his money would be car
ried out in perpetuity. Thus the corporation
gained its legal Immortality.
When the ecclesiastical authorities tried to
NEEDLE with some of these incorporated enter
priseS the courts promptly declared them soul
less and therefore not under the jurisdiction of
the church. So the corporation acquired Grim
inal immunity.
Up to this time the Synthetic man" had not
been put to making profits. His uses were pri-
marily benevolent. The discovery of the New
World changed that European monarchs want
ed to exploit American resources without risking
funds from their state treasures, most of which
were depleted from a long period of war, pesti-
lence and depression.
So the crown allowed the merchant adven-
turers of the sixteenth and seventeenth centuries