THE STRUGGLE FOR EQUALITY 375 



political remedy is usually more than ample to safeguard the liquor 

 interests. 



II 



The theory of judicial control in the American constitutional system 

 entitles the courts to a certain eminence, but it does not justify magni- 

 fying the judiciary to the exclusion of everything else. The courts are 

 but one of several restraining influences to which the members of our 

 legislative bodies are subject. "Things in possession," says James 

 Eussell Lowell, "have a very firm grip. One of the strongest cements 

 of society is the conviction of mankind that the state of things into 

 which they are born is a part of the order of the universe, as natural, let 

 us say, as that the sun should go round the earth." 10 The members of 

 our legislatures are no more exempt from the play of this influence 

 than is the mass of the people who elect them. The man who is obliged 

 to listen to arguments on both sides of a question is apt to reflect a 

 moderate point of view. Eesponsibility also exerts a sobering influence. 

 Besides, in most states political parties are so evenly balanced that other 

 men ambitious for office, within as well as without the party, can easily 

 take advantage of any serious mistake of judgment. Once more, the 

 mass of bills introduced at the recurring sessions of our legislatures is 

 such that none save those that are vigorously pressed stand much show 

 of enactment. The average member likes to be considered a practical 

 man, and therefore looks askance upon the proposals of crank reformers. 

 Finally, in a political contest, the property-owning class is very re- 

 sourceful in taking care of itself. It can see to it that its claims are 

 ably presented. It can pay for printers' ink. It can command the 

 support of men of influence in the community. It can hire effective 

 advocates and attorneys skilled in the labyrinthine processes of the law. 

 It has great power of endurance as an antagonist. Property has a cer- 

 tain glamor which enables it to make friends in unexpected quarters. 



Nor does the referendum promise to lead to such radical departures 

 as many fear. There is a vast amount of inertia in the multitude which 

 makes strongly for things as they are. The masses of the people may 

 be more conservative than the average member of a legislature. For 

 this reason certain organs of the Conservative party in England favor 

 the referendum. It may prevent extremists from getting what they 

 want by playing off one party against another. Many people are unwill- 

 ing to take the trouble to inform themselves upon measures proposed for 

 reform. Others talk like progressives, but lose heart when it comes to 

 vote. Many working people are as much averse to shortening the work- 

 ing day as are the owners of factories. Parents bent upon exploiting 

 their children are opposed to the interference of the law. The boys upon 

 the anthracite coal breakers like their jobs. It is noteworthy that the ex- 



10 Op. tit., p. 36. 



