George Howard Earle, Jr.

“ If our suffering from such errors is less than that of other people, it is doubtless because the Supreme Court has always had the power and will to interpose the shield of the Constitution between the ephemeral follies prompted by temporary difficulties, and remedies that endanger freedom. ”

“ As the Supreme Court has itself pointed out, the legislative function forced upon him is perhaps the most difficult in all the law, most liable to error, most requiring of aid from every source. In the Knoxville case, [8] it is expressly termed "a delicate and dangerous function"; and if the International Harvester case [9] be understood, where a continuing business is involved, its performance is beyond the powers of the human mind. And, yet, it is just in this case alone that every citizen of the United States is to be forced to judge under the fear of ruin, fine and imprisonment. ”

“ Thus it is that there is no measure of value among men save competition or the higgling of the market, a matter that might be worth the consideration of those amiable reformers who so lightly propose to abolish competition. * * * The law of competition is one of these natural laws, without an understanding of which we cannot fully understand that Intelligence to which we must refer the origin and existence of the world has provided that the advance of mankind in civilization should be an advance towards the general enjoyment of literally boundless wealth. ”

“ Savage, [2] long since, though not buttressed by our Constitution, gave as an illustration for acts of Parliament void for violation of "natural equity," those making men judges in their own cases, saying: "Even an act of Parliament made against natural equity, as to make a man judge in his own case, is void in itself, for jura naturae sunt immobilia, and leges legum." And Lord Blackburn, speaking for all the attending Judges, again says: "It is contrary to the general rule of law, not only in this country, but in every other, to make a man a judge in his own case." ”

“ Again, we have the "discovered" principle, so magnificantly stated in the Supreme Court's decision in the Monongahela case, [21] where it was determined, (it already being established, that the time of taking is the time of fixing the value of property) , that "just compensation" means, and can only mean "a full equivalent." And yet it has recently been argued that by confusing "value" with "price," matters can constitutionally be so manipulated as to deprive a man of his property by but giving him the means to replace but half of it, though the whole has been taken! ”

“ The Lever Act is, therefore, in this respect, perfectly constitutional; for, though it names no "standard," there is a well established "standard" that the Common Law, for perhaps a thousand years, and the Supreme Court have, again and again, announced. Each owner, as well as each purchaser, has always had the right to fix the price at which he will sell or will buy, provided only that there is no restraint of competition, no unlawful monopoly or act. ”

“ They who are intrusted to judge ought to be free from vexation that they may determine without fear. The law requires courage in a Judge and, therefore, provides security for the support of that courage. ”

“ The man owning the food cattle is, if current contentions are correct, deprived of both the guidance of the "market price" and his own free and untrammeled judgment, whilst the owner of the horses, should the cattle owner wish to buy of him, can not only fortify himself with both, but can even call upon the District Attorney to have the other fined and jailed for doing exactly the same thing. ”

“ And when we wish to ascertain the exact value of a thing we offer it at auction or in some other way submit it to competitive offers. * * * Value is thus an expression which, when used in its proper economic sense of value in exchange, has no direct relation to any intrinsic quality of external things, but only to man's desires. ”

“ If such a natural law exists, our intelligence is capable of understanding it; for, if not, it would be useless, and the sagacity of the Creator would be at fault. As, therefore, these laws are instituted by the Supreme Being, all men and all states ought to be governed by them. ”

“ It is to be found in the earliest judicial records, and it has been steadily maintained by an undisputed current of decisions. * * * It is essential in all Courts that the Judges who are appointed to administer the law should be permitted to administer it under the protection of the law, independently and freely, without favor and without fear. * * * How could a Judge so exercise his office if he were in daily and hourly fear of an action being brought against him, and having the question submitted to a jury * * * ? Does an action lie against a man for maliciously doing his duty? ”

“ They are immutable and irrefragible, and the best possible laws: therefore necessarily the basis of the most perfect government, and the fundamental rule of all positive laws, which are only for the purpose of upholding natural order, evidently the most advantageous for the human race. ”

“ Now this fact that the perception of value springs from a feeling of man, and has not at bottom any relation to the external world * * * is what lies at the bottom of grotesque confusions. * * * Value has of course its origin in the feeling of desire. ”

“ That it can reach only through production. * * * If we look over the legislation by which the ruling portion of our communities have striven to affect the distribution of wealth, we shall find that (as if conscious of its hopelessness) they have seldom if ever tried directly to affect the distribution of wealth; but have tried to affect distribution indirectly through production. ”

“ Even an elementary inquiry as to economic law at once establishes that all such matters are regulated by the unvarying perpetual law which, like all of the laws of Perfect Wisdom, have and always will produce like results from like causes. ”

“ From the earliest time, and in all civilized nations, the higher Judiciary have always given themselves complete immunity from their errors in judging. Constantly having to use judgment, they inevitably at once ascertained the impossibility of satisfactorily performing this higher function in an atmosphere of constant annoyance, anxiety and fear ”

“ And while their observance produces the highest degree of prosperity and well-being among men, the non-observance or transgression of them is the cause of the extensive physical evils which afflict mankind. ”

“ And now that we have the inevitable aftermath; now that business men, farmers, all are seeking aid from the Government because of ruinously low prices; now that we see panic in Japan, moratoriums in Boston, Cuba asking and even getting countenance from our Government, that there may be resources to carry it through; business men on all sides seeking and getting extensions ”