The Birmingham age-herald., 1907-12-04

1 juries, has been done. But the lava | themselves need strength ening in more l than one important point; they should l be made more definite, so that no hon. est man can be led unwittingly to 1 break them, and so that the real | wrongdoer can be readily punished Moreover, there must be the public | opinion back of the laws or the laws | themselves will be of no avail. At present while the average juryman undoubtedly wishes to see trusts l broken up and is quite ready to fine | the corporation itself. he is very re- ! luctant to find the facts proven be- 1 yond a reasonable doubt when it comes to sending to jail member of the business community for indulging in practices which are profoundly un- healthy, but which. unfortunately, the business community has grown to recognize as well-nigh normal. Both the present condition of the law and
 the present temper of juries render it task of etreme difficulty to get at Il real wrongdoer in any such case, especiAuy ny imprisonment. Yet 1t is from every standpoint far preferable to punish the prime offender by i'm prlsonment rather than to fine the cor poration, with the attendant damage to stockholders.
 The two great evils in the execu- ton of our criminal laws today are
 sentimentality and technicality. For the
 latter the remedy must come from the hands of the legislatures, the courts, and the lawyers. The other must de- pend for it's cure upon the gradual growth of a sound public opinion Which shall insist that regard for the law and the demands of reason shall con trol all other influences and emotions
 in the. jury box. Both of these evils
 must be removed or public discontent
 with the criminal law will continue.
 injunction.
 Instances of abuse in the granting of injunctions in labor disputes continue to occur, and the resentment in the minos
 of those who feel that their rights are being invaded and their liberty or aetion
 and of speech unwarrantably restrained continues likewise to grow. Much of the attack on the use or the process of ! injunction is wholly without warrant; but I am constrained to express the De- l lief that for some of it there is warrant I This question is becoming more and moro one of prime importance, and unless the courts will themselves deal with it in ef-
 fective manner, it is certain ultimately to demand some form of legislative ac- tion It would be most unfortunate for l our social welfare If we should permit
 many honest and law-abding citizens
 to feel that they had just cause for re-
 garding our courts with hostility. l ear | nestly commend to the attention of the i Congress this matter, so that some way 1 may be devised which will limit the abuse of injunctons and protect those . rights which from time to time It un- | warrantaby invades Moreover, discon- | tent is often expressed with the use of
 the process of injunction by the courts
 not only in labor disputes, but where | state laws are concerned. l refrain from | discussion of this question, as l am in- 1 formed that it will soon receive the con
 sideration of the supreme court.
 she federal courts must of course de- l eide ultimately what are the respective : spheres of state and nation in connection i with any law. state or national and
 they mustsdecide definitely and finally in matters affecting individual citizens, not only as to the rights and wrongs of la-
 bor. but as to the rights and wrongs of capital; and the national government
 must always see that the decision of 1 the court is put into effect. The process i of injunction is an essential adjunct or 1 the courts doing it's work well; and as 1 preventive measures are always better | tan remedial. the wise of this proc i ess Is from every standpoint commend i able But where it is recklessly or un-
 necessarily used, the abuse should be [ censured above all. by the very men | who are properly anxious to prevent any
 effort to shear the courts of this neces-
 sary power The courts decision must
 be finaI the protest is only against the
 conduct of individual judges in needless 1 ly anticipating such final decision, or in l the tyrannical use of what is nominally l temporary injunction to accomplish what is in fact permanent decision.
 Accidents.
 1 The loss of life and limb from railroad
 accidents in this country has become
 appalling. It is subject of which the
 national government should take super vision. It might be well to begin by
 providing for a federal inspection of in- l terstate railroads somewhat along the | lines of federal inspection of steamboats l although not going so far; perhaps at | first all that it would be necessary to have would be some officer whose duty 1 would be to investigate all accidents on
 interstate railroads and report in detail | ths causes thereof. Such an officer should make it his business to get into | close touch with railroad operating men so as to become thoroughly familiar
 with every side of the question. the idea l being to work along the lines of the pres | ent steamboat inspection law.
 Employers Liability.
 | The national government should be model employer. It should demand the | highest quality of service from each of | it's employees and it should care for all l of them properly in return. Congress | should adopt legislation providing limited Dat definite compensation for accidents l to all workmen within the scope of the l federal power, including employees Of navy wards and arsenals. In other words, | @ model employers liability act, far 1 reaching and thoroughgoing, should be l enacted which should apply to all posi- l tions public and private, over which the 1 national government has Jurisdiction. 1 The number of accidents to wage work 1 CTS, including those that are preventable 1 and those that are not, has become ap- 1 palling in the mechanical, manufacturing 1 and transportation operations of the day. l It works grim hardship to the ordinary 1 wage worker and his family to have the 1 effect of such an accident fall solely | upon him; and, on the other hand, .nere l are whole classes of attorneys who exist | only by melting men who may or may ! not have been wronged to undertake suits l for negligence. As matter of fact, :, suit for negligence is generally an in- adequate remedy for the person injured while it often causes altogether dispro- 1 portionate annoyance to the employer. | The law should be made such that the
 payment for accidents by the employer l would be automatic instead of being a matter for lawsuits. Workmen should 1 receive certain and definite compensation | for all accidents in industry irrespective 1 of negligence.
 1 The employer is the agent of the pubic | and on his own responsibility and TOT l his own profit he serves the public. when l he starts in motion agencies which create 1 ,-;.l,. eor othars ba should take all the