The labor world. [volume] (Duluth, Minn.) 1896-current, 1906-12-29
SHOULD THE PE0RtE
Or JUD|C|0RY RULE?
Bolton Hall Discusses Danger Of
judicial Usurpation of
Power.
Though Judge May Be 1mpeaohed
or Law Modified the Danger
Remains.
(By BOLTON HALL.)

To the Judges:
The injunction issued by Judge Kel-
lar of West Virginia, prohibiting the
establishment Of camps for men on
strike, and following that Of Judge
Jackson, will no doubt call forth a
storm Of condemnation. as it should.
But even though the storm should lead
to a revocation or modification Of the
injunction, the issue which he has so
sharply put will still remain to be
settled.
Shall the people or the judiciary
rule the United States?
Since the adoption Of the Federal
Constitution, and the subsequent as
sumption by the Supreme Court of the
power to pass upon the legality Of acts
Of Congress (for which there is no
warrant either in the Constitution or
in the statutes,) the judiciary, and
especially the Federal judiciary, has
been encroaching steadily upon the
rights Of the people.
The first step was the assumption
Of the power to nullify laws passed
by representatives of the people.
The second step was the revival Of
the English procedure Of issuing In
functions against crimes, which had
been abandoned by the English courts
because their effect was to abolish the
right Of jury trial.
Hitherto these injunctions have been
issued chiefly against offenses recog-
nized by statute and by the people as
opposed to the peace of the commun-
ity, and therefore did not arouse gen.
eral alarm. The people were fooled
by the cry of "law and order," and
did t-asee@thatss the power assumed
by the judges was the worst kind Of
illegality and disorder.
The third step has now been posi-
lively begun by Judge Kellar.
Injunctions have Of late cunningly
blended the prohibition Of statute
crimes with the creation of new ones.
Judge Kellar has boldly crossed the
border line and cast aside the pre-
tence of enforcing existing laws.
He has made a law and proposes to
execute it, and to punish any one who
disobeys HIS law.
This is the real question at issue.
tinue to menace the freedom Of the
people until they take away from the
courts the power Of passing upon the
validity of laws as we'll as the power
of Furnishing as contempt of court
without jury trial acts committed
| outside Of the courtroom.
The people have slumbered and
| gradually the danger which Jefferson
! foresaw has assumed most threaten
! ing proportions.
| What is to be done?
The first step is to meet the threat
of punishment for contempt by abso-
lutte contempt for the Judge and his
unlawful decree. Let the miners pay
no attention whatever to the injunc.
tion but continue lawfully to maintain
their supply camp. To let the judge
fill the jails with victims Of his un-
| lawful acts will be the surest way
to draw attention to the dangers O.
judicial usurpation.
Will be glad to join with the Jour
nal or any public minded citizens /,
defying this injunction by contribut
ing toward the supply camps
Inc next step lis for labor unions tc
enter politics and elect men to Legis.
latures and Congress who will curl
the powers of the Judges and make
them the servants instead of the mas.
ters of the people,
The third step is to destroy the mo.
tive for the issuance of Injunction.
IN labor troubles by abolishing thu
cause Of strikes-the difficulty of OBJ.
tanning employment. For this I know
Of nothing save the single tax on lani
values proposed by Henry George
The present injunction and those Is
sued by Judge Jackson have been is
sued at the instance of coal operator
who claim ownership of the bountie
Of nature. A tax on the value Of Goa
lands which would make it unprof1t
able to hold them out of use woul
force so much mining land into us
that the demand for miners woul
raise wages without need for strike,
Only by settling these questions O,
fundamental principles can thav y