The wageworker. (Lincoln, Neb.) 1904-????, 1905-12-15
MAKER and EXECUTOR OF LAW

ing 1heln 1r1aI by jury Such as is Guar
anteed the Vilest Criminal
Federal Judge Smith Mcpherson is another
judge who holds office for life and is there
fore not responsible to the people but only to
big corporations and influential powers
that secured his elevation to the bench In
court at keokuk, Ia, a few DAYS ago he rem
dered decision in a contempt case. sending
three men to Jail for four months and fining
another $25. The convicted men were found
guilty of violating an i,,iunction issued bv
Judge Mcpherson and Jailed like common
thieves or murderers, only they were not given
the same treatment accorded to the meanest
felon They were denied trial by jury, but
were jailed by judge who first made the
law, then executed it with charming disregard
OF the guaranteed right of trial bv Jury.
The history of the case is as follows: In
May, 1904, the employees of the Atchison To-
peka 4 Santa Fe railroad at Fort Madison Ia,
were locked out by the management this action
being taken to forestal strike Immediately
after the lockout the railroad managers ap-
peared before Judge Mcpherson and secured
the usual injunction against the striking work.
men. This blanket Injunction and is
familiar to union men long before this. In re-
strained the locked out from doing about
everything save eating, sleeping and breath
ing the air that surrounded the plaintiff shops.
ly ceased picketing when the restraining order
was issued, but Immediately employed men Of
their own number to watch and report the
names, etc. OF non-union men imported by the
company This was declared to be violation
OF the injunction. Accordingly four men, Ran
dali, Meyer, Hult and Morley, were arrested
the charge of contempt Judge Mcpherson
examined the himself, but did not give
them hearing before jury. He merely fol-
lowed precedent and first announcing himself
as prosecutor proceeded to try and sentence.
IF judicial proceedings are to be sneered at,
said Judge Mcpherson, courts ought not to be
tolerated, because whenever courts fail to
do their duty or have their proceedings
spected, they become farccal.''
We heartily agree with Judge Mcpherson on
this point. But we, perhaps. go further, and
declare that judges like Smith Mcpherson are
responsible for the growing contempt and dis
respect for the courts and that such courts
rapidly becoming intolerable to people who
still cherish the old-fashioned belief that men
shall not be deprived Of their liberty without
due process of law. In deed and in truth, such
courts are rapidly becoming farccal.
Il know in advance, said Judge Mcpherson,
chow these decisions will be regarded by the
ignorant and vicious, and how the court will be
misrepresented.
Judge Mcpherson makes very pretty plea
for support, doesn't he? But if he inlagines
that only the Ignorant and vicious are stirred
is sadly mistaken to public opinion as he
is ignorant of individual rights under the con-
stitution Better lawyers than Smith McPher-
son have denounced government by in unc-
tion,' and men as intelligent, as patriotic and
as honest as Smith Mcpherson ever was have
expressed their detestation of the un-American
idea of depriving men of their liberty at the
mere whm of a man clothed with judicial
power and anxious to repay his corporation
friends for the part they played in his eleva
ton.
In his decision in this peculiar contempt case
Judge Mcpherson said:
Il was in hopes that at this hearing,
which occupied nearly full day, largely
by hearing testimony, that it would appear
that my admonition, in my opinion had
been needed, and | glad to say that in
my judgment, Mr.. Randall has needed, in
the main at least. There is showing
here, since my opinion was made known,
that he has been engaged in any violation
of the restraining order, and it is with
much satisfaction that l announce that |
will only subject him to nominal pun
ishment of a fine of $25, while am COM
PEELED to administer something like
substantial punishment on the other
three.
This reminds us of the newly appointed Irish
policeman 1T is not because Oh hate yez
that Oh bates yez, but t show me awtooriety."
After declaring that Randall was not guilty he
proceeds to administer fine of $25 doubtless
for the mere purpose of showing that he has
the authority. Judge Mcpherson then con-
cludes by saying:
These parties and all others mist
derstand, and they will understand, either
by information from this court from
other sources, that this government of ours
is one of law, that the peaceable men shall
be protected, and that the lawless men
,o1t &c for theirs To
say whether or not they will take warm
ing whether they will interrogate to
themselves the pretended right OF so con-
Quoting themselves to take, not the law,