For the Supreme Court to nullify an act of the Legislature as unconstitutional except on the clearest grounds is usurpation; to interpret such an act in an obviously wrong sense is usurpation; but where the legislative body persistently leaves open a field which it is absolutely imperative, from the public standpoint, to fill, then no possible blame attaches to the official or officials who step in because they have to, and who then do the needed work in the interest of the people.  The blame in such cases lies with the body which has been derelict, and not with the body which reluctantly makes good the dereliction.

A quarter of a century ago, Senator Cushman K. Davis, a statesman who amply deserved the title of statesman, a man of the highest courage, of the sternest adherence to the principles laid down by an exacting sense of duty, an unflinching believer in democracy, who was as little to be cowed by a mob as by a plutocrat, and moreover a man who possessed the priceless gift of imagination, a gift as important to a statesman as to a historian, in an address delivered at the annual commencement of the University of Michigan on July 1, 1886, spoke as follows of corporations: 

“Feudalism, with its domains, its untaxed lords, their retainers, its exemptions and privileges, made war upon the aspiring spirit of humanity, and fell with all its grandeurs.  Its spirit walks the earth and haunts the institutions of to-day, in the great corporations, with the control of the National highways, their occupation of great domains, their power to tax, their cynical contempt for the law, their sorcery to debase most gifted men to the capacity of splendid slaves, their pollution of the ermine of the judge and the robe of the Senator, their aggregation in one man of wealth so enormous as to make Croesus seem a pauper, their picked, paid, and skilled retainers who are summoned by the message of electricity and appear upon the wings of steam.  If we look into the origin of feudalism and of the modern corporations—­those Dromios of history—­we find that the former originated in a strict paternalism, which is scouted by modern economists, and that the latter has grown from an unrestrained freedom of action, aggression, and development, which they commend as the very ideal of political wisdom. Laissez-faire, says the professor, when it often means bind and gag that the strongest may work his will.  It is a plea for the survival of the fittest—­for the strongest male to take possession of the herd by a process of extermination.  If we examine this battle cry of political polemics, we find that it is based upon the conception of the divine right of property, and the preoccupation by older or more favored or more alert or richer men or nations, of territory, of the forces of nature, of machinery, of all the functions of what we call civilization.  Some of these men, who are really great, follow these conceptions to their conclusions with dauntless intrepidity.”