OCR Text |
Show STJT1IJK LABOK LHOISLATIOK, While it must be freely conceded that all classes of eitiens, and especially those who are. the least able to defend their interests and rights, should claim thefulljineasure of protection which the legislature is authorized to give thein, it has become apparent that much of the legislation secured in response to the demands of professional agitators is utterly futile at d incapable of producing pro-ducing the re-ulis intended. The main cause of this is found in the fact that the objects sought for one class or interest in-terest cannot be obtained without trenching upon or clashing with the rights of others. Kvery cilien stands upon an equality before the law. ami no one can be helped or hindered at the expense of another. When this prin ciplo is lost sight of in legislation, the courts may be appealed to by the aggrieved parties, and the acts complained com-plained of must stand the test of judicial judi-cial scrutiny. Among the laws passed recently in Massachusetts was one In the interest of weavers, which provided that no employer em-ployer should withhold any p irt of the wages of an employe because of imperfections imper-fections in the work. The purpose of this law was to prevent the making of an agreement or contract under which the employer could decline to pay an employe w ho had done imperfect work until such time as a settlement could be had. The law was tested by an employer em-ployer who refused to pay in full a workman who had turned out imperfect work. Suit was brought and the employer was sentenced to pay a line. On an appeal to the supreme court the sentence was reversed and the statute declared unconstitutional and void: The court said : "There are certaiu fundamental rights of every citizen which are recognized in the organic or-ganic law of all our free Aiuencan states. A statute which violates any of these rights is unconstitutional and void, even though the enactment of it is not expressly forbidden. The constitution con-stitution of M assaehusetts guarantees to the citizen the right of acquiring, possessing and protecting property, and tin- includes the right to make reasonable contracts." The legislature cannot pass a law which will deprive a citizen of his right lo make a reasonable agreement, or give an undue advantage to one per-ou or class over another. A good deal of recent labor legislation is of that character, char-acter, and whenever it comes before the courts it must fail for want of validity. |