davidaulloa/AmericanStories huggingface dataset:
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-12-05

OF course. q Judge strong enough TO he
NJ for his office VIII cniofn any resort 10
violence OF Intimidation, especially by
conspiracy, no matter what his opinion
may be Of the rights or tho original
quarrel There must be no hesitation in
dealing with disorder. But there must
llkewiSe be no such abuse OF the iniunC-
tive power as is implied in forblddlng
laborng men 20 strive COR their own bet
must the injunction be used merely 10 aid
some big corporation In carrying our
schemes for It's own aGerandizeweuf. u
must he remembered that q preliminary
injunction In a labor case. II grained
without adequate proof (even when au-
thority can be found 20 support the con-
clusionS OF law on which IL Is foundcd).
may often settle the dispute between the
parties; and therefore, IL improperly
granted. may do irreparable wrong. Yet
there are many Judges who assume
mary injunction to be the ordinary and
proper judicial disposition OF such cases;
and there have undoubtedly been fragrant
wrongs committed by Judges In Conncc-
tiou with labor disputes even within the
last few years. although ] think much less
often than in former years. Such Judges
by their unwisc actlon Immensely
strengthen the hands OF those who are
striving entirely TO do away with the
power OF Injunction; and therefore such
careless use OF the inJunctlve process
IL the American people. ever become CON
WINGED that this process Is habtually
abused, whether in matters affecting labor
or In matters affecting corporations. IL
VIII be well-nigh impossible 10 prevent
It's abolition.
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-12-05
!.

There Is one consideration which should
be taken into account by the good peo
rlc who carry 81 sound proposition 10 an
excess In obiectine TO any criticism of a
Judges decision. The instinct Of the
American people as whole Is sound In
this matter They VIII not subscribe 10
the doctrine that any public servant is 70
he above all criticism. II the best ciu-
zens. those most competent TO express
their judgment in such matters. and.
above all. those belonging TO the great
and honorable profession OF the bar. so
profoundly influential in American life,
take the position that there shall be no
criticism OF n Judge under any clrcum-
stances, their view Will not be accepted
by the American people as a whole. In
such event the people win turn TO. and
tend to accept as justifable. the intem-
perate and improper criticism uttered by
unworthy agitatoTs. Surely II is n mis-
fortune 10 leave 10 such critics func-
ton. right in itself. which they are GER
tain to abuse. JUST and temperate criti-
csm. when necessary. Is a safeguard
against the acceptance by the people as
a whole OF that incorporate antagonlsm
towards the Judiciary which must be
combated by every right thinking man,
and which, " II became widespread
among tho people at large. would con
stitute dire menace 10 the Republic.
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-12-05
REAL EFFICIENCY OF LAW

It Is well to recollect that the
real efficiency Of the law often
depends not upon the passage OF
acts as TO which there is great
public excitement, but upon the
passage of acts of this nature as
to which there is not much pub
lie excitement, while the inter
ested parties are keenly alive to
the desirability Of defeating
them,
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-12-05
GOSPEL OF DIscoNTENT.
Most Harm Done by Men Who Excite
Violent Class Hatred

IN dealing with both labor and capital.
with the questions affecting both corpo-
ratlons and trades unions there Is one
matter more important 10 remember than
aught else, and that Ia the infinite harm
done by preachers of riere discomfort
THESE are the men who geek 10 excite
violent class hatred against all men OF
wealth. They seek 10 turn wise and
proper movements for The better control
OF corporations and for doing away with
the abuses connected with wealth, into @
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-12-05
MOB VIOLENCE IS
HOTLY CONDEMNED
Those Who Engage in Lynching
Themselves Sink to Level of
the Criminal Executed.
PRACTICE FEEDS FLAMES
THAT START RACE WAR
President PhilosophicaIly Dis
cusses Southern 0utrages
and Their Punishment.

over, in my Judgment. the crime Of rape
should always be punished with death
as Is. the case with murder, assault
with intent to commit rape should he
made capital crime. at least in the - .
erection of the court, and provision should
be made by which the punishment may
follow Immediately upon the heels OF
the onense; while the trial should he
so conducted that the victim need not
he wantonly shamed while giving testi-
lcity shall be given TO the details
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-12-05
Unsatisfactory Criminal Law.

In connection with this matter. | would
Ike To call attention to the very unsatis-
factory state of our criminal lay. result
ing In large part from the habit Of setting
aside the judgments Of inferior courts on
technicalities absolutely unconneCted with
the merits OF the case. and where there Is
no attempt 10 show that there has been
any failure of substaprial justice. 1t
something 10 the effect tEat:
No judgment shall be set aside or new
trial granted IN any cause. civil or Grim
inel. on the ground OF mirdirection OF the
jury or the improper admission or rejec-
tion Of evidence. or for errors rs TO any
matter Of pleading or procedure unless.
In the opinion OF the court 10 which the
application is made. after an examination
OF the entire cause IL shall affirmativcly
appear that the error complained OF has
resulted in n miscarriage Of Justice
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-12-05
Courts Must Hold to High Stan
dards and Brush Aside
lll-AdyiSed Sentiment.
YET BENCH Is NEVER
ABOVE JUST CRITICISM
Public Comment Serves Useful
Purpose if 1t Does Not AZ
feet Courts Courage.

tive, Moreover. ] believe II would be
wrong altogether 70 prohibit the use of
inlunctons. il is criminal To permit sym
pathy for criminals TO weaken our hands
In upholdng the law; and II men seek TO
destroy HE o. property by mob violence
there should be no impairment, of the
the most summary and effective way pos
sihle. But. so far as possible. the abuse
Of the power should be provided against
ny some such law as advocated last
Noar.
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-12-05
DEGRADE THEMSELVES

The members OF the white
race on the other hand should
understand that every lynching
represents by just so much a
loosening of the bands of civili-
cation; that the spirit Of lynch
ing inevitably throws into
prominence in the community
all the foul and evil creatures
who dwell therein. No man can
take part in the torture Of hui
man being without having his
own moral nature permanently
lowered. Every lynching means
just so much moral deterioration
in all the children who have any
knowledge Of it, and therefore
just so much additional trouble
for the next generation of
Americans.
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-12-05
DANGER OF PREJUDICES

Ion the other hand, the dan
ger of destroying the proper in
fuence of judicial decisions by
creating unfounded preiudices
against the courts justifies and
requires that unjust attacks
shall he met and answered.
Courts must ultimately rest their
defense upon the inherent
strength of the opinions they de
liver as the ground for their
conclusions and must trust to the
calm and deliberate Judgment Of
all the people as their best vim
dication.
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-12-05
DISCUSSES INJUNCTIoNS.
Power Is One TO Be Exercised With
Extreme Care,

In my last message suggested the
enactment OF a law In connection with the
Issuance of lntunctions. attention having
been sharply drawn To the matter by the
demand that the right OF applying In
functions In such cascs would stand the
test OF the courts I'm which cass. OF
course. the legislation would be jneffec-
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-12-05
SETTLING LAB0I
Compulsory Investigate
Yersies Should Be Pr

The commission appoinb
ident, October 16, 1902. al
both the anthracite coal
miners. to inquire into.
pass upon the questions
In connection with the
anthracite regions OF Pa
the causes out OF which L
arose. In their report, flndu
expressed the belief "that
Federal Governments shou
machinery for what may
compulsory investigation q
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-12-05

comment serves n useful purpose There
are few men. whether they are Judges
Tor life or for n shorter term. who do
not prefer 10 earn and hold the respect
ol all, and who can. not he reached and
made to pause and deliberate 10y hostile
public criticism. In the case OF Judges
having a life tenure. indeed. their very
Independence makes The righ, freely 10
comment on their decisions OF greater
Importance. because IL Is the only proc-
ticai and available Instrument In the
hands Of free people TO keep such
Judges alive 10 the reasonable demands
OF those they serve
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-12-05
APPEAL TO PLAIN PEOPLE

The plain people who think
the mechanics, farmers, mer-
chanbs, workers with head or
hand, the men to whom Ameri-
can traditions are dear, who
love their country and try to
act decently by their neighhors,
owe it to themselves to remem-
Der that the most damaging
blow that can be given popular
government is to elect an un-
worthy and sinister. agitator OH
platform Of violence and hy-
pocrisy.
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-12-05
PRESIDENT DISCUSSES NATIONAL ISSUI

them. | have specifically In view recent
decision by "a District Judge leaving rail-
way employees without remedy for Viola
tion OF a certain so-callcd labor statute.
II seems an ahsurdlty TO permit n single
District Judge. against what may be the
judgment of the immense majority OF his
colleagues on the bench. to declare a law
soepnly enacted by the Congress 10 be
unconstitutional" and then To deny TO
the Government the right TO have the
Supreme Court definitely decide the ques
tion.
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-12-05
NEEDS JEALOUS SCRUTINY

In this matter of iniunctions
there is lodged in the hands OF
tho judiciary q necessary power,
which is, nevertheless. subject to
the possibilities of grave abuse.
1t is power that should be eX-
ercised with extreme care and
should be subject to the Jealous
scrutiny Of all men, and con-
demnation should be meted out
as much TO the Judge who fails
TO use it boldly when necessary
as to the Judge who uses it wan
tonly or opprcssively.
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-12-05
EASTIDI0US

consider Paxtine Toilet
necessity in the hygien'c:
person and for local
feminine ills. AS a WASH
germicidal, dcodorizing
qualities are extraordin<1
az Druggists. Sample g
The r. Paxton Co., BosH
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-12-05
INVESTIGATE CHILD LABOR.
Employment Of the Young Pronounced
Blot on Civilization

Inc congress al its last session wisely
PROVIDED Tor truant court for the bis
trict OF Columbia; a marked step I'm ad =
vance on the path of properly caring for
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-12-05
Brush Aside Sentiment.

1t may be the highest duty OF a Judge
al any given moment. to disregard. not
merely the wishes Of individuals OF great
political or financial power. but the over
whelmng tide Of public sentiment: and
the Judge who does thus disregard public
sentiment when II is wrong, who brushes
aside the plea of any special intercts
when the pleading IS not founded on
righteousness, performs the highest SER
Vice TO the country. Such Judge is de-
serving OF all honor; and all honor can
not be paid to this wise and fearless
surd convention which would forbid any
criticism OF the Judge OF another type
who shows himself timia in the presence
of arrogant disorder. who on lEsufri-
cient grounds grants IN Injunction that
does grave Injustice or who. in his ca
part a maker. Of the law. in nagranr fash
ion thwarts the cause OF decent govern
ment The Judge has power over which
no review can be exercised; he himself
sits In review upon the acts OF bouh the
executive and legislative branches OF the
Government, save In tie most cNtraordl-
nary cases he is amcnable only at the bar
of public opinion. and II Is pnwise To
maintain that public opinion I'm reference
20 man with such power shall neither
be expressed nor led,
The best Judges have ever been fore
most 10 disclaim any immunity from crit
iCism. This has been the rule since the
DAYS OF the great English Lord chancel-
lor Parker who said: Let oil people
be at liberty 10 know what | found my
judgment upon; that. so when ! have
given X any cause. others may be at lib
the case were set forth with singular
clearness and good temper by Judge w
II. Taft when United States Circuit
Judge, eleven years ago, In 1885:
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-12-05
Necessity for Criticism.

THE opportunity freely and publicly 10
criticjse judicial action Us Of vastly more
Importance 10 the body polite than the
immunity OF courts and Judges from un-
Just aspersIcns and attack. Nothing tends
more TO render Judges careful In their de-
CiSions and anXiously solicitous to do eN-
act Justice than the consciousness that
every act of theirs Is TO he subjected 70
the intelligent scrutiny and candid criti-
CIsm of their fellow mon. Such criticism
is beneficial In proportion as II is fair,
dispassiCnate. discriminating. and based
on a knowledge OF sound legal principles.
The comments made by learned text wrl-
tiers and by the acute editors of the va
Tlous law reviews upon judicial decisions
are therefore highly useful. Such critics
constitute more or less impartial trihu-
nails OF professional opinion before which
each judgment is made to stand OF fall
on It's merits. and thus oYert a strong In
fuence 20 secure uniformity of decision.
But non professional criticism also Is by
panied. as II often is. DY o direct attack
upon the judicial fairness and motives of
The occupants OF the bench. for II the law
IS but the essence OF common sense. the
protest of many average men may evil
dence and defect In a judicial conclusion
though based on the incest legal reason
Ing and profoundest learning. The two
important clements Of. moral character
In Judge are an earnest desire to reach
a just conclusion and courage to enforce
II. In far as pubic comment does
not affect the courage OF Judge, but
only spurs him on To search his con-
science and To reach the result which
approves itself TO his inmost heart, such
The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-11-25
JAPAN's GRIP on MANCHURIA.
Exercising Police Powers Settlers swar r-
ing to Hardin China Uneasy.

Special Cdhe Desp1fcR 70 TIE SUN.
LONDON, Nov. 24.-Ihe. well known
correspondent F.. A. Mackenzie sends an
article on the latest situation in Manchuria
which Is attracting considerable attention.
He says a secret diplomatic battle began
almost before the ink was dry on h Treaty
Of Portsmouth, and Japan's policy is the
effective occupation Of the country.
few weeks ago railway service began be-
tween the Japanese and Russian spheres Of
influence INC already thousands Of Jap
anese have settledin Hsrhin and are making
a living where a European would starve.
Japan must take over control Of the country
when Russia relinquishes il, otherwise
anarchy will result.
The Japanese are already taking upon
themselves the regulation and punishment
OF the Hunghutzes Chinese bandits) and
in general are performing all the duties Of
which China has neglected.
Japanese have settled all along the main
road, the railways are all in Japanese hands,
as are also most OF the police duties.
The statesmen at Pekin are well aware
of what the Japanese are doing n distrust
japan far more than any other power.
They see Manchuria slipping from them
and believe Mongolia may follow, and b
their great empire will be dissolved.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-11-25

The high pressure area was central over the
middle Mississippi Valley yesterday. covering all
the country from the Rocky Mountains to the
Atlantic and from Canada to the Gulf over all
this area the weather was generally fair. There
wss stuI some light snow falling In northern New
YORK and New England, and the storm
was causing heavy rains in Texas and Arizona.
Cooler weather prevailed generally In The Atlantic
states and the Lake regions and In the western
part OF the Rocky Mountains. and it was warmer
southwArd from the Dakotas 70 Texas; lsewhere
no changes OF note occurred. There was no storm
area of immediate Importance.
In this city the day was partly cloudy and coolers
wind. brisk westerly; average humidity 50 per
cent: barometer, corrected 10 read 10 sea level AT
9 A. M, 1923: . p. NJ, 90.i9.
The temper azure yesterday. as recorded By the
or1cial thermometer, is shown In the annexed
The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-11-25
TROUBLE AT CIENFUEGOS.
DIssruntled Moderates Take TO the Hills
Win IE Men-Cuban Party Plans.

Special Cable Despatch to THE SUN.
HAVANA, Nov. 24.-Reports from Ameri-
can army officers in the Cienfuegos district
and also from the Mayor OF the town stats
that a band Of fifteen men, consisting OF
~disgruntled Moderates, have taken to the
woods. They are mostly ex-policemen
who were discharged from Office. A de-
tachment of the rural guard is in pursuit
of the band. Gen. Guzman. one OF the
leaders Of the revolutionists in the recent
uprising, has telegraphed o Magoon
Offering the assistance of former revolu-
tionists in suppressing any uprising.
The American officer in charge at Hormi-
R1lero reports tina two bands Of t~hirty-ive
and forty men respectively are operating
lin that n~eighbUrhood. One OF the bands
recently stole Ave horses from the Soledad
estate.
Another endeavor is bein made to or
ranize a Conservative party under the
leadership OF Senior Nunez. The conc ep-
ton OF an opposition party as held by the
Liberals appears to differ from that formed
by the group which fsvors a protectorate
which so far is small and underlined. 1t also
differs from the views of some Conserve
tives.
The Liberal conception Of an opposition
party is one formed without assistance or
direct encouragement from the United
States, whereas the others appear to look
for American encouragement though the
enemies OF the latter claim that what the
Conservative element would prefer would
be for the United States to do the work
while they looked on as approving spec
tators.
Unfortunately the business and pro
The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-11-25

ducing classes are not accustomed to politics,
and it is thought that many, perhaps most
of this class, would do nothing more than
sign their names to petitions or programmes
WASHINGTON, Nov. A.-GOv. Magoon
reported trouble at Cienfuegos, Cuba, in a
despatch to Secretary Taft received late
his afternoon. The text follows:
Information received that Rus, Moder-
ate, lately removed from post Of chief of
police of Cienfuegos, has left town with
ten to fifteen men pursued by rural guards
with sufficient force. Guzman and other
Liberal leaders rendered services to cap
ture the band. Tender declined. No special
importance attached 10 incident"
The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-11-25
TRADE DISPUTES BILL EVILS.
English .Iurists Say II Gives Unions Im-
punIty In Committing Tort.


IsnseIor Cable Despatch 10 THE SUN.
LONDON, Nov. 24.-Profs. Edward Dicey
and John Westlake. Ergland's greatest
authorities IN the Interpretation OF law,
contribute important letters his week
pointing out what will be the practical
effects Of the pending Trade Disputes bill.
Prof. Dicey says that II this bill ecomes
a law any trades union may commit tort
with IMMUNITY, and continue TO commit it.
II a motor car owned by a trades union
should by gross negligence Of the driver
cripple an innocent pedestrian, the victim
would be unable to obtain damages. There
will be no remedy for any abuses by inJunc-
tion as the bill now stands. Besides, the
words trade disputes" include disputes
bet farmers and laborers. Il extends
to Ireland and practically sanctions boy
cotting.
Prof. Westlake points out the shallow
ness Of the argument that the bill merely
restores the former State law. He says
that all il does ia guarantee a view OF law
which in the Tan Vale Railway case was
saown 70 be a false one,
This is the bill to which Mr.. Balfour has
given his long delayed blessing, a bill which.
in Prof. Dicey's words, sacrifices individual
liberty In England in order thereby TO
facilitate defiance of Law In Ireland.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-11-25
A CRIME.
English Judge So Rules In Fatal Case
Home for the UNIT Needed.

special Ct DE Dsspdfch 70 THH SUN.
LoNi ON, Nov. 24.-Is timidity a crime2
Justice Grantham so decided this week
in sentencing a man who committed man.
slaughter in q paroxysm Of fear. The pris-
oner was 80 alarmed at threats Of violence
from dodgers who refused his demands for
rent that he fred at random from a pistol,
which IL seems he always carried in fear
of unknown terrors. Two unofending
persons who were standing at a distance
were killed. The Judge, admitting that
there was no criminal intent, sentenced
the man to serve a yea at hard labor, say
ing he had no right to give way to timidity
and that there were too many deaths from
the crime OF timidity.
S~ociologists and ethologists have been
discussing the aptnees OF the Judges desig-
nation. DR.. Forbes Winslow, the special
list or mental diseases. says he is convinced
that the Judge is right. Timidity ought TO
be treated as a crime. II Is never charac-
teristic OF insane people, who are invari-
ably courageous and cannot be appealed
TO by fear Of consequences when they are
determined on a desperate act. Timidity
he says, mo be regarded as a disease.
Thomas Holmes. an expert c~riminologist.
Doyo hthAANANy FrohS W ~AAhAO - AhOAO
frequently than is generally recognized.
There is a large class OF neurotic persons
haunted by fear OF some impending evil to
such an extent that they become entirely
irresponsible for their actions and are liable
TO commit deeds OF violence, usually against
themselves. He believes, however, that
such persons should not be sent TO prison.
They ought TO be confined in a home for the
convict viii leave prison much more Of a
menace to the safety OF the public than he is
now. inasmuch as the ruthless monotony
of the prison will be sure to make his condi-
ton materially worse.
Secretary Brady Of the theological So
ciety considers timidity the natural result
Of mental incapacity, which is probably
hereditary, but much more OF a disease
than a crime. Timidity, besides begetting
innumerable tragedies, often leads to
drunkenness.