Price Fixing and the Bill of Rights

John Henry Kirby, of Houston, Texas, was a citizen of note, an industrial genius, and a man of great stature, both in mentality and personality. He was the founder and operator of the biggest lumber manufacturing concern in Southern history, which at times had 14 large mills in its string. But he was likewise a constitutional lawyer of great power and ability. FIe revered the Constitution and the Bill of Rights as few citizens have ever done. He carried in his pocket at all times and wherever he went a copy of those great documents. He was a speaker of great eloquence, and thrilling an audience by discussing his beloved Constitution was a large part of his life work. To John Henry any man who laid impious hands on the Constitution was a traitor who should face a firing squad, regardless o.f wKether the time be peace or war.

In the light of present day politics John Henry was away behind the times; a constitutional moss-back. Through most of his life the conviction was always with him that the American nation would rise up and utterly destroy any man or group of men who deliberately set about to stretch, or twist, or change the Constitution in any \ tay to suit their own purposes or philosophies. He died a decade ago, having lived long enough to see his beloved Bill of Rights being deliberately chipped and hacked ayay by New Dealers who knew no reverence for those priceless documents.

You will notice, perhaps with some surprise if you will read the opinions of Mr. Kirby as expressed during World War One, how far down the dark road of socialism this nation has traveled since that time. In May, 1919, Mr. Kirby made a speech on the subject-"Price fixing and the Bill of Rights"-to a great mass meeting of lumber manufacturers in Chicago. The meeting had been called to discuss a government suggestion that the price of lumber be fixed by law. Mr. Kirby opposed price fixing on the simple grounds that the Constitution and the Bill of Rights absolutely forbid it. So he delivered one of the most eloquent orations of his career to that gathering. It was ineffective, as the government proceeded to put a price ceiling on lumber at once. Nevertheless, the words of the great Southern orator at that time merit careful consideration, if for no other purpose than to illustrate how far afield this nation has traveled from its original highway. It should be remembered that the opinions he held and so well expressed were likewiise the opinions of practically all distinguished constitutional authorities at that time. Mr. Kirby said:

"f am unalterably opposed to any effort on the part of the government to fix prices to the public for the reason that it violates the Bill of Rights. The government is entirely without power to do such a thing. The fifth amendment to the Constitution known as Article Five of the

Bill of Rights expressly provides that "no pcrson shdl bc deprived of life, liberty, or propcrty without due process of law, nor shall private propcrty be taken for public usc without just compensation." Private propcrty can be taken for public use only.

"I am willing and you are willing that thc governm€nt shall take ouunills, trees, railroads, evcrynhing we own if the government has need of such things and we will not cavil about the price; but when tte government seeks to take our property and bestow it upon anotAer or take another's property and bestow it upon us, the goycrnment seeks to perform an act forbidden under the Constitution, and such act should not be tolerated at any time, under any circumstances, or under any conditions by ariy patriotic American who loves the Constitution or values his liberty. We should oppose such an ac! not because it may impose a loss of property of the citizen, but becausc it violates the Constitution and imperils the very existence of the government itself.

"The Constitution is a contract of all the people with each individual citizen by which he is protected in his personal rights. These our forefathers sought forever to guarantee under a written Constitution. We, their descendants, would be recreant to our duties as citizens and would commit treason against posterity il wc permitted the socialistic tendencies of this hour to lay a nandal hand upon that sacred document.

"Our forefathers knew the political history of all the nations of the earth. The government they created under the Constitution differed from all these. They created a democracy, a government of the people, by the people, and for the people under a written instrument which is thc bulwark of our libcrties. Its underlying princrple is the Bill of Rights. In our politics we should hold tbat a crime against the Bill of Rights is treason. Liberty is too sacred a heritage to be dealt with lightly. The Anglo-Saron racc has been its foremost advocate. In blood and tears they wrung from King John the Magna Charta and after eight years of suffering and sacrifice tAey wrung from King George the power to enforce the Bill of Rights.

"The 'blessings of liberty' are vitatized in the Bill of Rights. It is the Bill of Rights which the socialists in this country desire to destroy. They have no sympathy with the government created under that Constitutioq and no respect for any government instituted for the preserva_ tion of life and liberty and property. The Bill of Rights was instituted for the purpose of protecting the citizen in the enjoyment of his inalienable rights. The government was instituted as an instrument in the hands of the citizen for the promotion of his happiness. ft was a creature of the citizen, and his servant. The socialists believe that

(Continued on Page 32) lf old St. Nick would pick us up in his sleigh as he sets each one of you. doesn't, then a

Chqrlie Adqms-lou Adolphsen-Wes Allin-

Rolph Bqker-Ed Bollontyne-Mqx Bqrnette-

Wilbur Borr-Al Bouer-Corl

Beck-Rqlph Benson-Sylvio

Oscsr Blueher-lrwin

John Boyd-Lloyd

-Jeff Brooks-Bob

Burdge-Bud

DeWifi

Cospory-DeWitt

Chomberlin-Joe mqn-John Col

Christine Crick-Andy

Ghuck Gunninghcrm-D

Currqn-Howqrd

-George Derbes-R. Sts

Dory-Olin Eosterly-Jqck

Eldred-Roy Ellis-Dick

George Eyer-Jock

Fickling-"Jilz" Fitzpotr

Fortney-Lquren Fo

Freemqn-Jim Fuller-Fred Furtsch-John Gqmble

-Ernest Gqnqhl-Gene Gquthier-Cqrl GovottoBob Goylord-George Geory-Amos GeibGeorge Geib-Oscqr Gibbs-Duncon Gibson

-George Gibson-Steve Gile-Bill Glosson-John

Groy-Fred Griswold-Fred Griswold Jr.-Ross

Hqll-John Hompton-Frcrnk Horrington-

Steworl Hqrris-Wolter Hqrris-Fred HcrtungSteve Hqthowqy-Flry Hoyes-Bob Heberle

-Woyne Henry-lou Herzburg-Dove Hill-Fronk Hill-George Hinckle-Bert Holdren-Lew Hollond

-Bob Holmes-Jack Holmes-Ross HostetlerGhqrles Hovey-Shermon. Hoyt-Jim HudsonJock Hughey-"Hulch" Hutcheson-Cy lrving

-Bill Jqckson-Joe Jqhrqus-Ernest JohnsonGeorge Johnson-Tobe Jones-lvqn KeslersonFrode Kilsrofte-Cher King-Bob Krqbill-Lowell

Kolb-John Kyncy-Louis lqke-Drew [omFH. G. Lqrrick-Herschel Lclrrick-Leon LquderbochGhorlie Lqwrence-Jock Lowrence-Clifi Lindholm

Itnr. Lindsey-Art Lockridge-Hermon loehrGeorge Lounsberry-tUlr. Luhd-les Lynch-"Moc" "Mqllord"-Hqnk Mqnsfield

Mcrrtin-Jim Moynord-C. E. Mccouley-Sondy McDonoldMcGill-teo McKoyMellon-Billy Meredirh-Art

Minor-M. A. Minor-Allen

E. Muller-Lelcnd Muller

Murphy-Vic MurphyNikkel-Vic Ol ivqs-WhirOtto-Pqt Pqtlersonry Phillips-George Pike

Rnnstod-Neil Renders

Richordson-Al RiddleRodecker-John RudbochSchiller-George 5ch u ltzll Show-Horry Shedrick

Shipmon-Wes Shrimp-Ccrl

Smirh-Hqrry Smithenry StqhlheberPoul Stoke-les Stefrensen-Al Stockton-Bob

Sullivon-Fred Suverkrup-Herb SuverkrupGeorge Swift-Jone fhomos-Fred Thompson-

Lyle Timm-Joe Tinguely-Bill Twoy-Bob Tyler

-Jim VqnDusen-L. E. VqnOrder-Gil WqrdFrqnk Wore-Howord Wqre-T erry Wqre-Al

Wenholz-Elmer Wenholz-Chet Westover-Chet

Wholen-Red Willioms-O. A. Wilson-Bud Wimberly-Horry Witter-Msx Wymon-Dick Zelke.