The Key West Citizen Newspaper, January 5, 1937, Page 2

ee} 3 tee 2 see et SORCH SYSSERR SePry ry OFS EE ¢eeee @SEe SEePeRT pe ears eahe mi nee BBR ae me Bt cee ed : - PAGE TWO == * Daily Except Sunday By CATIZEN PUBLISHING CO. INC. From The Citizen Building Corner Greene and Ann Streets The Citizen has a great respect for | the system of Courts established in the} United States and an admiration for the, ‘ jurisprudence of the land. Undoubtedly, | ‘Only Daily Newspaper in a West and Monroe ; the peopje owe much to eminent and: SBiered ai Key West, Florida, gs second class matter ee ae. ee FIFTY-SIXTH YEAR wert re ey : We say so much in order not to be Sg Associated Press. is exheehrely, gntitied to use misunderstood when we say more. Re-' it or not otherwise credited in this paper and aiso | gardless of the sanctity of law and order | in civilization there is'no’ magic which | s10.09| Makes a man wiser on the bench than on mee the ground and no mysterious aroma — —- 35 | around the brains of judges which give them vastly superior understanding of | human problems. We have in mind, just now, the de-| velopment of the judicial principle that! judges and courts have the right to set | aside laws, otherwise properly and legally | enacted, because they are, in the opinion ; of the court, “arbitrary or unreasonable.” | If a legislative body has the legal right, | under our governmental machinery to en- | act a statute, it is not the proper function i of a court to decide whether the action is arbitrary or unreasonable. Opinions as to “reasonableness” and} whether a law is “arbitrary” or not de- pend upon the individual, whether he be a legislator or a judge. In the United; States there are hundreds of courts, and} probably more than a thousand judges, | } whose opinions ;on such matters do not! always agree. It is not unusual for one judge to hold “unreasonable” what an- other equally intelligent jurist finds en- tirely reasonable. What one jurist says is | “arbitrary” is upheld, very often, by the judges of his neighboring State, as an en- tirely valid exercise of the law-making | power. These conflicts occur for the obvious reason that the judges are not basing deci- sions upon legal principles, or upon laws, but upon personal opinions, which include personal prejudices and are affected by mental variations. It does not enhance the public esteem for the judiciary nor is the man in the street fooled by a lot of numbo jumbo phrasing encasing a decision en- tirely personal in every resnect. jocat news published here. = virthes notic te., will be cha: jcex Ste., Wi the rate of 10 cents a line. “egaeogls 3 Notices for entertainments by churches from which & revenue is to be derived are 5 cents a line. of thanks, resolutions of The Citizen is an oven forum and invites discus- public issues and subjects of local or general mut it will not publish anonymous communi- THE KEY WEST CITIZEN WILL always seek the truth and print it without tear and without favor; never be efraid te attack wrong or to applaud right; atways fight for progress; never be the or- gan or the mouthpiece of any person, clique, faction or class; always do its utmost for the peblic welfare ;.never tolerate corruption or ,, Miustiee; denounce vice and praise virtue; commend good done by individual or. organ- ization; tolerant of others’ rights, views and “Shinions; print. opiy,news (hat will elevate and not contaminate thé Tr; never com promise with principle. IMPROVEMENTS FOR KEY WEST ADVOCATED BY THE CITIZEN 1. Water and Sewerage. ‘2 Bridges to complete Road to Main Free Port. Hotels and Apartments. Rathiag Pavilion. Abperts—Land and Sea. Consolidation of County and City sere ARBITRARY AND UNREASONABLE. |! 3 | By GUS Professor of Economics and Sociology, Vanderbilt: University | You and Your | Nation’s Affairs Inalienable Right to Work W. DYER re | DAYS GONE BY | ,,. take steps to stop the practice of | U. S. Argonne, Here “Just 10 Year?) i. gi Ago Today As Taken From The Files Of The Citizen The three chief inalienable rights |(ployers hs of man are named in the Declaration | who are much | Ear gen es ne ot Sa is the — oe , close’ “pursuit of happiness.” through doors of employment permanent work chiefly of workers. Employers that man pur- sues his happi- is ; mental, In rec- has conceived another uniqu “4 fi i + Pascali, who, fought Baby Reyes, lives of the car’s occupants, but ith Coe rae er ae comment Jey an Such sehing fight, lat week! that the negroes ware fring th Seed Ameri- ten a wonderful appeal. Just} Wil te dog tales: ofA nm, gun, celebrating Christmas, and fan citizen the Cares O wetmes he ned up the G&» and Joey Miller, of Birming- it was an accident. The negroes right to sell his tee nee ae nea aie of) 2am Ala., will meet Gus Reyes. | grew frightened and threw the rvices | tarted oar gyn - |light bulbs. The boys sold thous-| | gun away. the American /ands of lamps, and tne profits; fe { ae ec flag under con- | were divided among the boys ‘ands Edward Kight, negro, believed He Editorial comment: Where ditions of free- t to have fired the sKot which shat- is a will there are always dom of The government has no more right | their respective camps. Now comes pep ia: i i: SRS i tract. The t has ae to prohibit citizens from selling their '4 scheme to give a free sack of tered the windshield of a car in. willing to find a way to break it, = wes a sg services on the open market at the which Police Officer Tucker and} to take this right from any Amefi- can citize., nor to curtail any way directly or b, the other hand the Constitution makes it the first duty of the gov- ernment to protect the citizen in the full exercise of his freedom to work and make his own contracts for work. This is a er ccay right. It does not belong to children. Any Ae, tha: restrains the citizen directly or indirectly from selling bis labor on the open market at the mar- ket price is a violation of a funda- mental constitutional righ: ~a funda- mental Luman right The only plausible explanation of the fact that certain courts have a) proved laws of this nature is that judges giving such opinions were not sufficiently trained in the operation of economic laws to understand the effects of these laws in practice. The titles and stated purpose of such laws are often radically different from the real nature of the laws and their ef- fects in practice. It is unfortunate that neither judges nor the attorneys who appear before them know very much of the effect of laws in our highly com- plex industria’ system. If some one could work out a feasible legal. sys- tem by which the higher cour! could hear from economic business special- ists as well as legal specialists, the in- terpretation of laws vitally affecting industry, he would make a valuable contribution to our legal machinery. The minimum wage law is a good example of the perversion of legisla- tion to accomplis}. ends that are an- tagonistic to the stated objectives of the legislation. It would be more ap- propriate to call the so-called mini- mum wage law a law to take from a large proportion of the working population the constitutional right to market price because the quality of their services does not conform to an arbitrarily fixed standard, than it has to prohibit farmers from selling wheat and tobacco and potatoes on the open market because. the quality of their commodities doesn’t come up e.mmodity is stored up labor. a’ when a farmer sells his commoditi he is as really selling bis services as the mar. who does so directly. Governments are instituted to pro- tect the inalienable right to work, not to obstruct it. Every cne who Iznows anything of human values knows that it is infi- nitely better for a man to live on the bare necessities of life, and maintain his independence as a_ sovereign American citizen than to live in luxury as a dependent on public char- ity. Any standard of living supported by charity is a low standard. Any standard of living that enables the worker to maintain his independence, “tho ere so poor” is high, for it makes him “King o’ men and a’ that and a’ that.” A standard of living for hogs may be measured by material goods and luxuries, but a radically different standard must be applied to men. Nothing but solute necessity can jvstify a man in selling his independ- ence at the price of cherity. Those who advocate measures that in their nature force and entice men to give up their independence for government charity are not the friends but the deadly enemies of tvese who can produce but small in- comes. If something {isn’t done quickly to arrest the movement to deprive mil- lions of small producers of their constitutional right to work, and thereby force them on public char- to a standard fixed by politicians. A | all must be looked after. Governments. Bs | | Why call a doctor and reject his ad- vice? Key West is nearly always the warm- est spot in the United States during the winter months. It’s an old Key West cus- tom, much appreciated by our visitors. Nowhere have we read the statement of the probability that Mr. Simpson was bought off by the former king. It is pos- sible that even a simp’s son could have had an eye to business. The year 1936 has set a new record | in the number of lives snuffed out. Be} careful so that yours is not among those | who pay the supreme penalty to satiate | the goddess of speed, _ A sectio&i-of 20@.seats will. be, sup- plied for Governor-elect Cone’s: elatives at his inauguration today, m Tallahassee. Heaven help Wey goxergens"4 the state if There is a street in New York called} “Prosperity.””. When you ask for its loca- | tion and are nearing it you will be what we have been hearing for the past six years, that it is just around the corner. Trying to fit into the shoes of the late | Arthur Brisbane by columnists is proving | a disheartening and unsuccessful venture, | even if the effort is camouflaged by being | placed in the same column where the late great editor held forth for so many years. Even a newsy and readable column suffers by comparison, and to take comfort in the saying that comparisons are odious doesn’t help the situation. Orlando is already protesting the re- moval of its district WPA office to Tampa. Palatka can understand how it feels about the transfer, as it was victimized by hav- ing the district office here switched and} at the same time the county was hooked on to Jacksonville, with all what that means.—Palatka Daily News. Key West sympathizes, for it, too, had the harpoon : should have the power to set aside a leg told | In popular opinion, the laws of the land are made by legislatures but any good lawyer will tell you that the coun- try has about as much judge-made law as | xi legislative enactments. In other words, legislatures pass laws but courts say what | they mean, how they work and the extent of their operation. grounds for impaling a statute, the astute | jurist simply decides it is “unreasonable” | or “arbitrary” and that is the end of the ! law. ; The people of the United States, in considering other problems that may af-; fect their welfare, might give some thought | to whether any judge, however learned i , ’ i islative act upon the simple assertion of | the jurist that, in his opinion, the law is} “unreasonable” or It might | be worth their time. eens AIDS PEACE Relations between Japan and Russia have been somewhat improved by the de- cision of the Soviet to extend for a year ‘the valuable fishing rights which the Jap- | anese have enjoyed in Siberian water: It will be remembered that this was | delayed. by the disclosure that Japan and Germany had entered into an agreement | relating to joint efforts against com- munism. The Russians explain, with sense | rare in diplomacy, that they are making a concession and extending the fishing rights to avoid trouble, if possible. In other words, while things look bad the Russians make a concession-in the hope of pre-! | venting worse trouble. } The action of the Soviet emphasi the predominant peace policy pursued | years. Faced with this action, who® van | charge the Soviet with trying to provoke’ an armed conflict in the Far East? And, | ! if fighting commences, this fisheries con- ; | cession will go some ways toward convinc- | ing the World that it resulted not through ; the choice of the Russians. Miami will approximate a 12 million building construction for the year, and Mi- ami Beach has passed that huge amount for the same purpose. This mushroom injected into its body, to the advantage of Miami. To them that have shall be given, even by the WPA. * H growth must halt some day and then Key | West’s opportunity will be at hand; out-! siders with vision and wealth will grasp it. Failing to find other | - jand PISS AN, i the Bolshevic nation during the fiast.few r . FIPS AALAA A 2 DS To ity the government under the of helping people will create a ouz mora! problem of unemploy: an¢ mendicancy that will seriously work. In practice this is what is done by means of the law. The law is ad- vocated and defended on the theory th ‘ it would compel all employers to n 1 up te the minimum, all‘ wages | threaten she life of the nation. of all employees receiving less than| The great problern today is to de- the minimum, and thus solve the |liver the millions \-ho are earning problem of a decent living for all. In sma} incomes from the hands of practice the law would compel em- ' their supposed friends. (Address questions to the author care of this newspaper) Today In History | Today’s Birthdays Smith,; Herbert Bayard Swope of New Virginia! York City, oldtime* journalist, aecce aptain John Indians in Pocahontas. capture saved by i emperor for'ids} Prof. William B. Munro of the > and stercourse with California Institute of Techno- forever, lo; noted hist n, bern in On- j tario, Canada, ¢ rs ago. | z 10— Chinese itain 189 Original Christian} Science Mother Church in Boston, Edward A. Hayes of: Decatur, dedicated. IL, lawyer, past natignal com- gee | mander of the Amefigan Legion, Tree Court} 2" at Morrissonvilleg, Ul, 44 upheld right a5 te limit) eee <i to one-half ef.one percen: the al-| is eae to ons ote of liquor, | pr flenryes. Coffigts president ini a of the Union Theo‘ogieal Semin- ~ ary, New York City, born in New 192%Emilo Coue began his’ York, +60 years ago. auto-suggestion experiments in New York City. 4 } Charles s of Florida and ed chemical engi neer a inventor, bern at Osh- » kosh, Wis., 64 ars ago. F, Bu Ex-President Calvin Coo-! -d at Northampton, ¥ ed 60. Hon, | ny announces p'an finance sta ren from 10 to 18. ago. ae hodes, Canadian n, born 60 years 1891 1937 ® & The Officers and Directors of this Institution extend to its customers and friends our sincere ks for their good will and friendship during the past y you con- d, through - the privilege a > 1891, through sion and pr 3 © weathered ‘ther. 1 we have built up a spirit nce and understanding, which we consider our most valuable assets. We trust you fee] that ved you well. We are thankful for the co- have given us. % We are confident that 1937 will be an auspicious year, during which we will witness the fulfillment of f our fondest dreams and desires. We trust that bring to y and yours a full measure of health, the privifege apd desire to serve dvance its material interest, do- the other real things that go to- d prosperity to unity an : and receiving a ard making w while. HAPPY NEW YEAR THE FIRST NATIONAL BANK OF KEY WEST MEMBER OF THE FEDERAL DEPOSIT INSURANCE CORPORATION ' vee Bee jborn in St. Louis, 55 years ago. | not the only place where such} There will be two 10 round loans have been refused. jthe Athletic. Club with some real | {excitement, speed and an exhibi- ion of real fighting ability. Louie A. F. Ayala, salesmanager for |the Key West Electric company, flour with every pair of waffle ‘irons sold. Those who relish the; ‘delicious, rich juicy waffle siz- zling hot from the moulds, will appreciate the generous offer con- tained in the Electric company’s |ad today. It carries a proposi- tion which will afford every one {the delights of eating piping hot; waffles. arrested- yesterday morning. He! of 521 Simonton street ‘first claimed to know nothing of, the birth of a girl at their ithe affair. He later admitted he | yesterday morning, ~ ‘was with the man-who fired the; shot but that he later threw the} Subscribe <o The gun away. Kight.told-a- rather weekly. The attention of Sheriff Cleve-| land Niles has been called to the: unlawful practices of some of the; ‘ people engaged in the sponge in-; ‘dustry in Key West. Visiting’ | some of the warehouses yesterday | Sheriff Niles found about 400 bunches which were undersized. Some of the sponges in these 400; bunches measured less than 2% | inches in diameter, while the law provides that none shall be taken} which measure less than four} inches, This is a very destruc- tive practice, said the sheriff, and also stated that he would at once D PAPERS For Sale IFAIAPFPACLALA AA Ld BP, 5 Bundles for 5e wa-to FEVER \ THE KEY WEST CITIZEN Salve-Nose Drops Headache 30 minutes, ( Try “Rub-My-Tism”-World’s Best; ee | 7 MOUNT VERNON IVORY | | | SOI IISSIS SI IS SSS SSIS SILOS S TS. ai 16-Pc. Set j «sao 4 Cups and Saucers, 4 Plates and 4 Cereals 32-Pc. Japanese Dinner Set $3.98 Service for 6. Attractively Painted Looks like a $5.95 Set. A Bargain WICKLESS OIL STOVES 3 Burner on Legs. Painted Green 2 Burner without Legs. Painted and Black. Stands 32” High, Green and Black. It’s Portable. 34” Wide. Has Shelf at Bot- EACH $7.75 tom. EACH $12.75 3 Burner without Legs $10.00 SOUTH FLORIDA CONTRACTING & ENGINEERING CO. “Your Home Is Worthy Of The Best” White and Eliza Streets Phone 598 WIFI II IIL IIIS IAI IIS. bouts Monday night which will! et ——s ete AeA. 2 will wnaking the cross examination, be- furnish fight fans who patronize tive that Kight will later admit ‘the ‘shooting. It is not believed that any attempt was made on the William Albury were riding sol Mr. and Mrs. William Burehél home — oe | VI MAPALPLLLALLLLEARALALALLAAAAMALAAALA AAA AAA AAA he dubdidddd WO OIIIIIO IDOL LM: