The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1907-12-04

thrift and efficiency. which would
strive to break up not merely private
property. but, what is far more impor.
tant. the home. the chief prop upon
which our whole civilization stands.
Such theory If ever adopted would
mean the ruin of the entire country,
but proposals for legislation such as
this herein advocated are directly OPP
posed to this class OF sociMistic the
ories.
enforcement of the Law.
a few years ago there was loud com.
plant that the law could not be in.
voked against wealthy offenders. There
Is no such complaint now. The course
of the department of justice during the
last few years has been such as to
make it evident that no man stands
above the law. that no corporation is
SO wealthy that it cannot be held to ac-
counts Everything that can be done
under the existing law and with the
existing state of public opinion. which
so profoundly influences both the courts
and juries has been DONE but the laws
themselves need strengthening. They
should be made more definite. so that
10 honest man can be led unwittingly
to 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. The
two great evils in the execution 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 law
yers. The other must depend for its
cure upon the gradual growth of a
sound public opinion which shall insist
that regard for the law and the de-
mands Of reason shall control all other
influences and emotions in the jury
box. Both of these evils must be re-
moved or public discomfort with the
criminal law will continue
lnjunctions.
Instances of abuse in the granting
Of injuncti0ns in labor disputes con-
tinue to occur, and the resentment in
the minds of those who feel that their
rights are being invaded and their lib
erty of action and of speech unwar-
rantably restrained continues likewise
to grow. Much of the attack on the
use Of the process Of injunction is
wholly without warrant, but am con-
strained TO express the belief that for
some of it there is warrant. This ques-
ton is becoming one of prime impor-
lance, and unless the courts will deal
with 1t in effective manner 1t is Ger.
tain ultimately to demand some form
Of legislative action. 1t would be most
unfortunate for our social welfare If
we should permit many honest and
law abiding citizens to feel that they
had just cause for regarding our courts
with hostility. ! earnestly commend
to ID attention of the congress this
~ f, SO that some way may be de-
vised which will limit the abuse of in
functions and protect those rights
which from time to time it unwarrant
ably invades, Moreover discomfort 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. | refrain
from discussion of this question as /
am Informed that 1t will soon receive
the consideration of the supreme court. |
The process of injunction is an es-
sential adjunct of the courts doing its
work well, and as preventive measures
are always better than remedial the |
wise use of this process is from every |
standpoint commendable. But where |
it is recklessly or unnecessarily 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 necessary power.
The courts decision must be final. The |
protest is only against the conduct of
individual judges in needlessly anticl-
pating such final decision or in the
tyrannical use of what is nominally a
temporary injunction to accomplish
what is in fact permanent decision.
The president urges the passage of
model employers liability act for the
District Of Columbia and the territories
to encourage corporations to treat in
jured wageworkers better. He en-
phaticaily indorses the eight hour day.
The president urges the states to
fight the child and woman labor evil.
He says:
The national government has as an
ultimate resort for control of child Ia