he class whose economic position has been
compromised. It by no means follows that the state should acquiesce in
this demand. In many cases interference may be more costly than
beneficial. Each case must be considered on its merits. But whether in
any particular case the state takes sides or remains impartial, it most
assuredly has a positive function to perform on the promises. If it
remains impartial, it simply agrees to abide by the results of natural
selection. If it interferes, it seeks to replace natural with artificial
discrimination. In both cases it authorizes discriminations which in
their effect violate the doctrine of "equal rights." Of course, a
reformer can always claim that any particular measure of reform proposes
merely to restore to the people a "Square Deal"; but that is simply an
easy and thoughtless way of concealing novel purposes under familiar
formulas. Any genuine measure of economic or political reform will, of
course, give certain individuals better opportunities than those they
have been recently enjoying, but it will reach this result only by
depriving other individuals of advantages which they have earned.

Impartiality is the duty of the judge rather than the statesman, of the
courts rather than the government. The state which proposes to draw a
ring around the conflicting interests of its citizens and interfere only
on behalf of a fair fight will be obliged to interfere constantly and
will never accomplish its purpose. In economic warfare, the fighting can
never be fair for long, and it is the business of the state to see that
its own friends are victorious. It holds, if you please, itself a hand
in the game. The several players are playing, not merely with one
another, but with the political and social bank. The security and
perpetuity of the state and of the individual in so far an he is a
social animal, depend upon the victory of the national interest--as
represented both in the assurance of the national profit and in the
domination of the nation's friends. It is in the position of the bank at
Monte Carlo, which does not pretend to play fair, but which frankly
promulgates rules advantageous to itself. Considering the percentage in
its favor and the length of its purse, it cannot possibly lose. It is
not really gambling; and it does not propose to take any unnecessary
risks. Neither can a state, democratic or otherwise, which believes in
its own purpose. While preserving at times an appe