Magna Carta, and Other AddressesGuthrie, William D. (William Dameron)
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Magna Carta, and Other Addresses
Guthrie, William D. (William Dameron)
Constitutional law -- United States
"I am informed that these four gentlemen attacked the statements as
being contrary to both the facts and the law. The first was the case
of the tenement-house cigar manufacturers. Now I will read to you what
is said by one of the women who knows the conditions of tenement-house
life as few other women, and as hardly any man, knows them, by Florence
Kelly in a book called 'Some Ethical Gains through Legislation,' and
I cordially commend to Mr. Root and his associates who signed his
protest to study that book and to ponder what is meant by the word
'ethical' in connection with legislation. Of the Jacobs case, to
which I referred, Mrs. Kelly says: 'To the decision of the Court of
Appeals in the case In re Jacobs is directly due the continuance of the
tenement manufacture and of the sweating system in the United States
and its present prevalence in New York.' That is the statement of a
woman who, as regards knowledge of tenement-house conditions, knows so
much more than those four great corporation lawyers that her little
finger is thicker than their loins when you come to study what they
know and what she knows of the subject of which they have ignorantly
presumed to speak."
And yet all that these lawyers did was to point out the inaccuracy
of Mr. Roosevelt's statements as to what the courts had held, and to
suggest that this inaccuracy would be demonstrated by reference to
the records of the courts, which are open to all who care to take the
trouble to ascertain the truth.
It should be recalled in connection with any fair and candid
consideration of the Tenement House case that the constitutional
convention of 1894 had ample opportunity to change the rule in that
case if it had then been thought to interfere with the attainment of
"social justice." Although the subject was called to the attention of
the convention, it was deemed advisable to make no change. The rule
is reasonable and well-settled in the interpretation of constitutions
and it was well known to the distinguished members of that convention
that "where a clause or provision in a constitution, which has
received a settled judicial construction, is adopted in the same words
by the framers of another constitution, it will be presumed that the
construction thereof was likewise adopted."
Public-domain text, read in full here on John Shaqi.
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