The Complete Works of Brann, the Iconoclast — Volume 10 — John Shaqi
The Complete Works of Brann, the Iconoclast — Volume 10Brann, William Cowper
General
The Complete Works of Brann, the Iconoclast — Volume 10
Brann, William Cowper
Brann, William Cowper, 1855-1898; Essays; Reformers
A child should not be considered a piece of
property for which the accidental destroyer must PAY, just as a
railway company must cough up the cash value of the cow it kills.
As not one child in a thousand ever returns to its parents the
cost of its rearing it cannot be urged that the plaintiffs in
this case were pecuniarily damaged one penny. All they had to
sell was "mental anguish," and that should never be made a
merchantable commodity. We have criminal courts to deal with
those who, through criminal negligence or otherwise occasion
death. It may be argued that when the party killed has dependants
for whom he or she is providing, the slayer should be compelled
to make good the damage in so far as money can do it. I say
NO--that if there be blood guiltiness let the offender be
punished in accordance with our criminal code; if there be none
then is he blameless, and to deprive a person of his property
because of a harmless act is a crime. "But the dependants should
be provided for." Certainly they should; but not through rank
injustice to others. We are carrying entirely too far the theory
that the principal is responsible for the acts of his agents. If
the agent is guilty of criminal negligence he is punished by one
law and his principal by another; if the agent blunders he is
found not guilty and discharged, yet his principal is punished
for being a co-partner in his innocence. It should not be
forgotten that the agent of a private company is also a
representative of that larger and more powerful corporation which
we call the state. The private company can do no more than
outline his duty and discharge him for dereliction; the public
corporation not only prescribes his duty but imprisons or hangs
him for neglect; the private company is itself but a creation of
the state which exercises over it autocratic power while shirking
responsibility. If I loosen a rail on the "Katy" road and cause
the destruction of $100,000 worth of property the company must
pocket the loss, notwithstanding the fact that it is paying the
state for protection. If a dozen people are killed in the wreck
the relatives of the last one of them will sue for damages and
the state compel it to pay for its own failure to afford that
protection to which it is clearly entitled. What then? Let the
state issue life insurance at cost and compel every person who
has dependants to carry a policy payable on the annual
installment plan. For 5 or 6 cents a day it can, without loss,
issue a policy to every man in America that will provide his
family with the necessaries of life for at least ten years after
his death, and the man who cannot pay that premium is worth
precious little to anybody considered purely from an economic
standpoint. If the state wants to bring damage suits for the
slaughter of its citizens, well and good; but for God's sake let
us get rid of the degrading spectacle of people hawking the
corpses of their relatives through the courts.
A KANSAS CITY ARISTOCRAT.
Public-domain text, read in full here on John Shaqi.
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