Social sciences; United States -- Politics and government -- 1909-1913
The judges invoked a technical construction of the Constitution in
order to declare invalid a law deliberately enacted by the legislative
body; a law which I firmly believe it was entirely in the province of
the Legislature to pass. Every consideration of public morals and
public weal demanded that it should be declared valid. At the present
day few courts in any State of the Union would make such a decision
as was then made; yet the judges making it were learned in the law,
and according to their own lights were upright and honorable men.
But they were men without any sympathetic understanding or knowledge
of the needs and conditions of life of the great mass of their
fellow-countrymen. If those judges had understood “how the other half
lived,” if they had possessed a working knowledge of tenement-houses
and factories, of tenement-house dwellers and factory workers, and of
the lives that were lived where the tenement-house and the factory were
one and the same, I am absolutely certain that they would have rendered
no such decision as was rendered. They knew the life of the well-to-do,
both the business life and the home life. They knew nothing of the
lives of those who were not well-to-do. It was this lack of knowledge
and the attendant lack of sympathetic understanding that formed the
real barrier between the judges and a wise judgment.
My reason for relating this anecdote is because from that day to this I
have felt an ever-growing conviction of the need of having on the bench
men who, in addition to being learned in the law and upright, shall
possess a broad understanding of and sympathy with their countrymen
as a whole, so that the questions of humanity and of social justice
shall not be considered by them as wholly inferior to the defense of
vested rights or the upholding of liberty of contract. A hair-splitting
refinement in decisions may result in as much damage to the community
as if the judge were actually corrupt. Freedom of contract should be
permitted only so far as is compatible with the best interests of
the community; and when vested rights become intrenched wrongs, they
should be overturned. I do not for one moment believe that the mass of
our judges are actuated by any but worthy motives. Nevertheless, I do
believe that they often signally fail to protect the laboring man and
the laboring man’s widow and children in their just rights, and that
heartbreaking and pitiful injustice too often results therefrom; and
this primarily because our judges lack either the opportunity or the
power thoroughly to understand the working man’s and working woman’s
position and vital needs.
Public-domain text, read in full here on John Shaqi.
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