By Henry Elliot Malden
Italics point out collage or Society nominating a consultant at the Committee.) CHAIRMAN: the suitable Hon. VISCOUNT BRYCE, O.M., D.C.L., LL.D., F.R.S., F.B.A. PRESIDENT OF THE ROYAL old SOCIETY: C. H. FIRTH, LL.D., Litt.D., F.B.A., Regius Professor of contemporary heritage, college of Oxford. His Grace the Lord ARCHBISHOP OF CANTERBURY. His Eminence CARDINAL GASQUET. The Rt. Hon. the LORD MAYOR OF LONDON. The Rt. Hon. VISCOUNT DILLON, M.A., F.S.A., Society of A ntiquaries. The Rt. Hon. LORD COZENS-HARDY, grasp of the Rolls. The Rt. Hon. LORD FITZMAURICE, M.A. The Rt. Rev. BISHOP G. F. BROWNE, D.D., D.C.L., F.S.A. The Rt. Hon. LORD JUSTICE KENNEDY, F.B.A. (the past due) Lincoln s hotel. The Rt. Hon. SIR FREDERICK POLLOCK, Bart., D.C.L., LL.D., F.B.A., Selden Society. Sir JAMES H. RAMSAY, Bart., M.A., D.L. Sir E. W. BRABROOK, C.B., F.S.A., London and Middlesex A rchceological Society. Sir WILLIAM BYRNE, K.C.V.O., C.B., grey s hotel. Sir C. E. H. CHADWYCK-HEALEY, K.C.B., K.C., F.S.A., Selden Society. Sir HENRY HOWORTH, K.C.I.E., F.R.S., Royal A rchceological I nstitute. Sir FREDERIC G. KENYON, M.A., D.L itt., Ph.D., F.B.A., Director and crucial Librarian, British Museum. Sir VESEY KNOX, K.C., grey 5I nn. Sir SIDNEY LEE, Litt.D. Sir H. C. MAXWELL LYTE, K.C.B., F.S.A., F.B.A., Deputy Keeper of the files. Sir EDWARD MAUNDE THOMPSON, G.C.B., D.C.L., LL.D., Litt.D., F.B.A. Sir ADOLPHUS WARD, Litt.D., LL.D., F.B.A., grasp of Peterhouse, Cambridge. The Very Rev. the DEAN OF LINCOLN, D.D. The Very Rev. the DEAN OF SALISBURY, D.D. The Very Rev. the DEAN OF CARLISLE, D.D. The Ven. ARCHDEACON CUNNINGHAM, D.D., LL.D., F.B.A. The Hon. JOHN ABERCROMBY, President, Society of Antiquaries of Scotland. Professor G. B. ADAMS, Ph.D., Yale collage, U.S.A. Professor C. M. ANDREWS, Ph.D., Yale college, U.S.A. H. W. APPLETON, M.A., Professor of historical and smooth historical past, U
(Typographical mistakes above are because of OCR software program and do not ensue within the book.)
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Within the short period intervening its adoption and the first cases involving its interpretation, the weight of public opinion had already repudiated the governmental ideal of the Radicals. The destinies of the measure having now been left to the Supreme Court, that tribunal attempted to set forth in general terms its future sphere of activity. This was done not so much by way of positive definition as by protests against certain classes of litigation under the Amendment. This original programme of the Court has, by the logic of events, also failed.
Now this lively litigation under the Fourteenth Amendment in the West may be largely accounted for 40 THE FOURTEENTH AMENDMENT AND THE STATES as an attempt by the railroads and other public service corporations to resist the efforts of the people to control them. The hardy and vigorous Western folk stand foremost in the Nation in their attempts to throw off the control of the so-called "interests" and the powers of special privilege. The invoking of the Amendment as a protection from State activity is more prevalent in those sections of the country where legislation and the enforcement of the laws are more vigorous and aggressive.
Massachusetts, 207 U. S. 79. B Heath Mfg. Co. v. Worst, 207 U. S. 338. II Silz v. Hesterberg, 211 U. S. 31. 10 Williams v. Arkansas, 217 U. S. 79. 11 Minor v. Happersett, 21 Wall. 162. 12 Cemetery Co. v. San Francisco, 216 U. S. 358. 1 2 34 THE FOURTEENTH AMENDMENT AND THE STATES affairs of a State - questions which only by the greatest stretch of the imagination can be considered as of national import. Only a very unpractical mind could conjure up a political philosophy that would hold it to be an issue of national concern whether the operating of barber shops on Sunday in Minnesota be a work of necessity or the practice of a handicraft for gain, or what damages should be given a man in Michigan when his neighbor's dog jumps through the front gate and bites him on the leg!