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JUSTICE STEPHEN J. FIELD:

4
 U.S. SUPREME COURT JUSTICE STEPHEN J. FIELD
   [1816-1899]
 

þ THE PHILOSPHY OF INDIVIDUALISM WAS APPLIED TO
  ECONOMIC AFFAIRS MOST FULLY IN THE U.S.

þ THE CIVIL WAR  [1861-65] PERMITTED THE INDUSTRIAL
  INTERESTS OF THE NORTHEAST TO ACHIEVE DOMINANCE

þ THESE ACTS PASSED:

     þ THE MORILL TARIFF OF 1861 -- RAISED TARIFFS.
     þ THE HOMESTEAD ACT OF 1862
     þ THE PACIFIC RAILWAY ACTS OF 1862 & 1864
     þ THE NATIONAL BANKING ACT OF 1863

     þ ALL THIS SET STAGE FOR DOMINANCE OF PRIVATE
       ENTERPRISE IN A BUSINESS-ORIENTED
       CIVILIZATION.

þ THE PHILOSOPHY OF UNRESTRICTED INDIVIDUALISM CAME
  TO BE EMBODIED IN THE CONSTITUTION.

     þ MOST RESPONSIBLE WAS SUPREME COURT JUSTICE
       STEPHEN J. FIELD.

     þ BORTHER OF CYRUS FIELD --> 1ST TRANS-
       ATLANTIC TELEGRAPH CABLE.

þ  GOLD RUSH TO CA --> JUDGESHIP --> STATE
   LEGISLATURE --> STATE SUPREME COURT BY 1857 -->
   CHIEF JUSTICE OF CA SUPREME COURT IN 1859 -->
   LINCOLN APPOINTS FIELD TO SUPREME COURT IN 1863
   --> HELD POSITION FOR 34 YRS.
 

5
 U.S. SUPREME COURT JUSTICE STEPHEN J. FIELD
   [1816-1899] [C]
 

þ FIELD PUSHED THE PROTECTION OF PRIVATE PROPERTY &
  FREEDOM OF BUSINESS ENTERPRISE.

þ TO DO THIS HE INVOKED THE 14TH AMENDMENT, ARGUED
  THAT IT APPLIED NOT JUST TO INDIVIDUALS, BUT TO
  CORPORATIONS.
 

þ 14TH AMENDMENT =

     þ PASSED IN 1868 TO PROTECT NEWLY FREED
       SLAVES.

     þ "NO STATE SHALL MAKE ... ANY LAW WHICH SHALL
       ABRIDGE THE PRIVELEGES ... OF CITIZENS OF
       THE U.S.; NOR SHALL ANY STATE DEPRIVE ANY
       PERSON OF LIFE, LIBERTY OR PROPERTY, WITHOUT
       DUE PROCESS OF LAW."
 
 

þ FIELD BECAME MOST IMPORTANT SPOKESMAN FOR U.S.
  SUPREME COURT FOR THE VIEW THAT THE CONSTITUTION
  GUARANTEES INDIVIDUAL & BUSINESS ENTERPRISE
  AGAINST GOVERNMENT INTERVENTION.
 

þ SLAUGHTERHOUSE CASE OF 1873:

     þ LA PASSED LAW INTENDED TO PROTECT PUBLIC
       HEALTH IN NEW ORLEANS.

     þ IT LIMITED OPERATION OF SLAUGHTERHOUSES,
       GIVING A MONOPLY TO A SINGLE CO.

     þ LAW OPPOSED BY BUTCHERS & CATTLE DEALERS.
 

6
 U.S. SUPREME COURT JUSTICE STEPHEN J. FIELD
   [1816-1899] [C]

þ SLAUGHTERHOUSE CASE [C]

     þ ARGUED THAT THEY HAD BEEN CUT OUT OF
       BUSINESS WITHOUT DUE PROCESS OF LAW,
       CONTRARY TO 14TH AMENDMENT.

     þ IN DISSENTING OPINION, FIELD ARGUED THAT
       RIGHT TO OPERATE A SLAUGHTERHOUSE OR ANY
       OTHER BUSINESS WAS RIGHT THAT COULD NOT BE
       REMOVED BY GOVN.
 
 

þ BY 1886, WHOLE COURT CAME TO ACCEPT FIELD'S
  POSITION.

þ IN 1880S, A CA COUNTY IMPOSED SPECIAL TAXES ON
  THE SOUTHERN PACIFIC RAILWAY. UNDER 14TH
  AMENDMENT, THESE TAXES WERE DECLARED INVALID.
 
 

þ BECUASE OF FIELD'S STANCE, MUCH STATE LEGISLATION
  REGULATING BUSINESS WAS STRUCK DOWN:

     þ REG. ON HOURS OF WORK.
     þ REG. ON CHILD LABOR.
     þ REG. ON FACTORY CONDITIONS, ETC.
 

þ IN SUM, AT A TIME WHEN INDUSTRIAL GROWTH WAS
  CREATING MANY NEW PROBLEMS, THE PHILOSOPHY OF
  UNRESTRICTED LAISSEZ-FAIRE WAS THE LAW OF THE
  LAND IN THE U.S.

     þ LITTLE INTERFERENCE WITH PRIVATE ENTERPRISE
       WAS PERMITTED.

þ ANDREW CARNEGIE WAS THE EMBODIMENT OF THE
  PHILOSOPHY OF INDIVIDUALISM.

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