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Salmagundi [Mrs. Cleveland]
by
. . .
While the preachers were hustling out of the fever infected districts of Louisiana, the Sisters of Charity were hurrying in from points as far distant as San Francisco. And what were the A. P. Apes doing? They were standing afar off, pointing the finger of scorn at these angels of mercy and calling them “prostitutes of the priesthood.” In this land every man has a perfect right to entertain such religious views as he likes; but those who defame women who cheerfully risk their lives for others’ sake should be promptly shot. “By their fruits ye shall know them,” says the Good Book; and while the Church of Rome is producing Good Samaritans to wrestle with the plague, the A. P. Ape is filling the penitentiaries. I care nothing for the apostolic pretensions of the Pope or the dogmas of the Priesthood; but I’m strongly tempted to make a few off-hand observations with a six-shooter should these papaphobes speak disrespectfully of the Sisters of Charity in my presence.
. . .
Justice Van Fleet of the supreme court of California recently rendered an opinion which indicates the utter emptiness of our boast that in this land all men are equal before the law. Because of the confusion or ignorance of a new motorman, the young child of a plumber, playing upon the track, was killed by an electric car. The parents sued the company and were awarded damages in the sum of six thousand dollars. Defendant took an appeal, which the supreme court sustained, and the cause was remanded on the ground that the damages awarded were excessive–that the boy would probably have followed his father’s occupation, and an embryo workman is not, in Justice Van Fleet’s opinion, worth so much money! Measured by this standard, what would have been the average “value” of American presidents when they were boys? Now that Justice Van Fleet is measuring human life solely by the gold standard, perhaps he can tell us what a juvenile Shakespeare or Webster is “worth.” I have held to the opinion heretofore that blood could not be measured by boodle, that the children of the common people were of as much importance in the eye of the law as the progeny of the plutocrat–that the anguish of parents did not depend on the length of the purse; but Justice Van Fleet seems to agree with Kernan’s weeping Canuck, that the more siller one has the more deeply he feels the loss of a son. He seems to need a powerful cardac for his heart and a hot mush poultice for his head, being as fine a combination of knave and fool, as one can easily find. Had the supreme court declared that the plaintiffs in the case were not entitled to a dollar I would heartily approve the opinion; but to measure the “value” of a son by the gain-getting capacity of its sire is simply monstrous. A statute should be enforced impartially, without regard to persons; but I should like to see the law so amended that people could not trade upon their tears, could not coin the blood of their relatives to fill their pockets. A child should not be considered a piece of property for which the accidental destroyer must PAY, just as a railway company must cough up the cash value of the cow it kills. As not one child in a thousand ever returns to its parents the cost of its rearing it cannot be urged that the plaintiffs in this case were pecuniarily damaged one penny. All they had to sell was “mental anguish,” and that should never be made a merchantable commodity. We have criminal courts to deal with those who, through criminal negligence or otherwise occasion death. It may be argued that when the party killed has dependants for whom he or she is providing, the slayer should be compelled to make good the damage in so far as money can do it. I say NO–that if there be blood guiltiness let the offender be punished in accordance with our criminal code; if there be none then is he blameless, and to deprive a person of his property because of a harmless act is a crime. “But the dependants should be provided for.” Certainly they should; but not through rank injustice to others. We are carrying entirely too far the theory that the principal is responsible for the acts of his agents. If the agent is guilty of criminal negligence he is punished by one law and his principal by another; if the agent blunders he is found not guilty and discharged, yet his principal is punished for being a co-partner in his innocence. It should not be forgotten that the agent of a private company is also a representative of that larger and more powerful corporation which we call the state. The private company can do no more than outline his duty and discharge him for dereliction; the public corporation not only prescribes his duty but imprisons or hangs him for neglect; the private company is itself but a creation of the state which exercises over it autocratic power while shirking responsibility. If I loosen a rail on the “Katy” road and cause the destruction of $100,000 worth of property the company must pocket the loss, notwithstanding the fact that it is paying the state for protection. If a dozen people are killed in the wreck the relatives of the last one of them will sue for damages and the state compel it to pay for its own failure to afford that protection to which it is clearly entitled. What then? Let the state issue life insurance at cost and compel every person who has dependants to carry a policy payable on the annual installment plan. For 5 or 6 cents a day it can, without loss, issue a policy to every man in America that will provide his family with the necessaries of life for at least ten years after his death, and the man who cannot pay that premium is worth precious little to anybody considered purely from an economic standpoint. If the state wants to bring damage suits for the slaughter of its citizens, well and good; but for God’s sake let us get rid of the degrading spectacle of people hawking the corpses of their relatives through the courts.