The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-03-06

large part Of the country does not
entertain"
He wrote he did not conceive it
TO be his duty TO study the theory,
because I strongly believe
that my agreement or disagreement
has nothing to do with the right of
a majority to embody their opin-
ions in law"
Presents Own Theory
Justice Holmes held in this case
that the court had previously de-
cided state constitutions and state
laws may regulate life in many
ways which I'VE as legislators might
think as injudicious, or, if you like,
tyrannicsl as this"
He then proceeded to expound
the theory that a constitution is
mot intended to embody a par
ticular economic theory, whether
of paternalism ara the organic
relation Of the citizen to the state
or Of laiSSez faire."
The Constitution. Justice Holmes
held, SIS made for people of funda-
mentally differing views and the
accident of our finding certain
opinions natural and familiar or
novel and even shocking ought not
to conclude our judgment upon the
question whether statutes embody-
ing them conflict with the Con-
stitution of the United States"
Liberty Misinterpreted
He then wrote he believed the
word liberty" in the 14th amend
ment is perverted when it is held
to prevent the natural outcome of a
dominant opinion" and argued the
law limiting working hours should
be upheld.
Following the Chicago railroad
strike in 1894 Congress passed the
EUWan act providing for arbitra-
tiCn disputes between unions and
te railroads. The Louisville
& Nashville Railroad appealed from
the provision prohibiting discrimi-
nation against union members.
A majority of the court held the
section invalid. Justice Holmes and
Mr.. Justice McKenna dissented.
Ignored Laws Wisdom
Il quite agree that the question
what and how much good labor
unions do is one on which intelli-
gent people may differ" Justice
Holmes wrote" but I could
not pronounce it unwarranted if
Congress should decide that to fos-
ter a strong union was for the best
interest. not only of the men. but
of the railroads and the country at
large"
Again in the Chicago VS.. Kansas
case G914, Justice Holmes held
with labor's right to organize. A
switchman had been discharged for
refusing to give up his union mem
berShip. The majority opinion re-
verSed the conviction of the re-
Sponsible railroad official.
Whether in the long run it is
wise for the working man to enact
legislation of this sort is not my
concern" Justice Holmes wrote,
but I am strongly of opinion that
there is nothing in the Constitution
of the United States to prevent it,"
Upheld Picketing
Attempting to uphold the right
of strike picketing. Justice Holmes
deprecated efforts to use the 14th
amendment beyond the absolute
compulsion of its words to prevent
ne making of social experiments
that an important part of the COM
munity desires even though
such experiments may seem futile
or even noxious to me"
In the 5-4 decision upsetting the
1916 Child Labor Law to stop in
terstate shipment of child-made
goods. Justice Holmes dissented.
The majority held that the law
absorbed the police power Of the
states. and expressed the belief that
if permitted to stand the law would
destroy our system Of government.
Here again Justice Holmes upheld
the power of the Congress to act
within the Constitution regardless
Of consequences.
Cited Child Labor Evil
The notion that prohibition is
any less prohibition when applied
TO things now thought evil I 90 not
understand" the former Justice
wrote But if there is any matter
upon which civilized countries have
acread-far more una nin1nilSlv than