ough compensation. By its tolerance of such
interests, the public has made itself an accomplice in the mischief to
which they give rise, and accordingly has not even an equitable right to
throw the whole responsibility upon the private persons concerned.
Interests thus universally recognized to be evil are necessarily few. In
the vast majority of cases the establishment of interests we now seek to
proscribe took place in an epoch in which no evil was imputed to them. At
first a small minority, usually regarded as fanatics, attack the interests
in question. This minority increases, and in the end transforms itself
into a majority. But long after majority opinion has become adverse, there
remains a vigorous minority opinion defending the menaced interests. A
hundred years ago the distilling of spirituous liquors was almost
universally regarded as an entirely legitimate industry. The enemies of
the industry were few and of no political consequence. Today in many
communities the industry is utterly condemned by majority opinion. There
is, however, no community in which a minority honestly defending the
industry is absolutely wanting. Admitting that the majority opinion is
right, it remains none the less true that adherents of the minority
opinion would regard themselves as most grievously wronged if the majority
proceeded to a destruction of their interests.
Where moral issues alone are involved, we may perhaps accept the view that
the well considered opinion of the majority is as near as may be to
infallibility. But it is very rarely the case that the question of the
legitimacy of a property interest can be reduced to a purely moral issue.
Usually there are also at stake, technical and broad economic issues in
which majority judgment is notoriously fallible. Thus we have at times had
large minorities who believed that the bank as an institution is wholly
evil, and ought to be abolished. This was the majority opinion in one
period of the history of Texas, and in accordance with it, established
banking interests were destroyed by law. It is only within the last
fifteen years that the majority of the citizens of that commonwealth have
admitted the error of the earlier view.
In the course of the last twenty-five years, notable progress has been
made in the art of preserving perishable foods through refrigeration.
There are differences of opinion as to the effect upon the public health
of food so preserved; and further diff
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