Theodore Roosevelt; an Autobiography eBook

This eBook from the Gutenberg Project consists of approximately 761 pages of information about Theodore Roosevelt; an Autobiography.

Theodore Roosevelt; an Autobiography eBook

This eBook from the Gutenberg Project consists of approximately 761 pages of information about Theodore Roosevelt; an Autobiography.

The principle to which we especially strove to give expression, through these laws and through executive action, was that a right is valueless unless reduced from the abstract to the concrete.  This sounds like a truism.  So far from being such, the effort practically to apply it was almost revolutionary, and gave rise to the bitterest denunciation of us by all the big lawyers, and all the big newspaper editors, who, whether sincerely or for hire, gave expression to the views of the privileged classes.  Ever since the Civil War very many of the decisions of the courts, not as regards ordinary actions between man and man, but as regards the application of great governmental policies for social and industrial justice, had been in reality nothing but ingenious justification of the theory that these policies were mere high-sounding abstractions, and were not to be given practical effect.  The tendency of the courts had been, in the majority of cases, jealously to exert their great power in protecting those who least needed protection and hardly to use their power at all in the interest of those who most needed protection.  Our desire was to make the Federal Government efficient as an instrument for protecting the rights of labor within its province, and therefore to secure and enforce judicial decisions which would permit us to make this desire effective.  Not only some of the Federal judges, but some of the State courts invoked the Constitution in a spirit of the narrowest legalistic obstruction to prevent the Government from acting in defense of labor on inter-State railways.  In effect, these judges took the view that while Congress had complete power as regards the goods transported by the railways, and could protect wealthy or well-to-do owners of these goods, yet that it had no power to protect the lives of the men engaged in transporting the goods.  Such judges freely issued injunctions to prevent the obstruction of traffic in the interest of the property owners, but declared unconstitutional the action of the Government in seeking to safeguard the men, and the families of the men, without whose labor the traffic could not take place.  It was an instance of the largely unconscious way in which the courts had been twisted into the exaltation of property rights over human rights, and the subordination of the welfare of the laborer when compared with the profit of the man for whom he labored.  By what I fear my conservative friends regarded as frightfully aggressive missionary work, which included some uncommonly plain speaking as to certain unjust and anti-social judicial decisions, we succeeded in largely, but by no means altogether, correcting this view, at least so far as the best and most enlightened judges were concerned.

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Theodore Roosevelt; an Autobiography from Project Gutenberg. Public domain.