Weekly Arizona journal-miner., 1907-12-11

recruitment OF Justice during the last
frw years has been such as To make 1t
avidcnt that no man stands above the
isv that no corporation n 40 wealthy
mai IL can not he hold to account. The
apartment of Justice has been "a
r',npt to proceed against the wealth.
80 ,nalefactor whose crime was one of
rcd and cunning as to proceed against
~. ngitator who incites to brutal VOL
nee. Everything that can be done UNI
der the existing law. and with the ex-
rrofoundly influences both the courts
and iuries. has been done. But the laws
,b.mselves need strengthening In more
hmm on. important point: they should
man may be led unwittingly to break
mem, and 80 that the real wrongdoer
,an be readily punished.
Moreover, there must be the public
.plnlon back OF the laws or the laws
themselves will be OF no avail. At pres
mt. while the average turyman undoubt-
,dly wishes to see trusts broken up, and
is auite ready to fine the corporation IT.
LII he II very reluctant to find the facts
rruven beyond reasonable doubt when
IL comes to sending to jail a member of
the business community for INDUCING In
practices which are profoundly UNI
healthy. but which. unfortunately. the
business community has grown 60 recog-
riz.. ~ well-nigh normal. Both the pres
ont condition of the law and the present
t.fnp.r of jurtcs render II "a task OF ex-
rene difficulty to get at the real wrong
do.r In any such case, especially by Inn
urlsonment. Yet II Is from every stand
point far preferable to punish the prime
m ,ndcr by imprisonment rather than TO
nno the corporation. with the attendant
damage To stockholders.
The two great evils In the execution OF
our criminal laws today are sentiment
atty and tcchnicality. For the latter
the remedy must come from the hands
~ tn, legislatures. the courts, and the
lawyers. The other must depend for It's
cure upon thu gradual growth OF n sound
ptIi,llc opinion which shall insist that
rcgard for the law and the demands OF
reason shall control all other influences
and emotions In the Jury box. Both OF
these evils must be removed or public
discomfort with the criminal law will
continue
INJUNCTIoNs
Instances OF abuse In the granting OF
iniunctions In labor disputes continue to
ogcur. and the resentment IN thu. minds
~ those who feel that their rights are
being invaded and their liberty of ar-tion
and Of speech unwarrantably restrained
continues likewise to grow. Much Of the
attack ON the use of the process OF In
junction IN wholly without warrant: but
/ am constrained to express the belief
that for some OF IL there II warrant.
This question Is becoming more and more
one of prime Importance. and unless the
courts viii themselves deal with IL In ef-
fcctiVc manner. n u certain ultimately
90 demand some form OF legislative ac-
ton. II would be most unfortunate for
many honest and lava blding citizens to
ieel that they had just cause for regard
ing our courts with hostility. l earn
,suy commend to the atten;iva OF the
Congress this matter. NO that some way
may be- devised which will limit the
abuse Of injunctions and protect those
rights which from tine to time II un-
warraniabiy invades- Moreover. dIscon-
tent Is often expressed with the use OF
the process Of injunction by the. courts.
not only In labor disputes. but whore
State laws are concerned. I refrain from
discussion of this question as l am In
form Il that II will soon receive the con-
sidcration OF the Supreme Court.
The Federal courts must OF course de-
eide ultimately what are the RESPECTIVE,
spheres OF State and Nation In connec.
ton with any law, State or National
and they must decide definitely and final
~ Ia matters affecting individual citi
1ens, not only To the rights and wrong,
II labor but us to the rights and wrong
Of capital. and the National Government
must always see that the decision of tbs
court Is put Into effect. The process o
Injunction is AN essential adjunct of th-
courts doing It's work wen; and as pre-
ventiv. measures are always better thar
remedial the wise use OF this process 4
from every standpoint commendable
But where II II recklessly or unnecessar
ily used, the abuse should be censured
above all by the very men who are prop
erly anxious To prevent any effort I,
shear the courts of this necessary power
The courts decision must be final: tn
protest IL only against the conduct o
individual Judges In needlessly anticipat
Ing such final decision, or In the tyran
nical use OF what IN nominally a tempo
fary Injunction To accomplish what " Il
TACT permanent decision.
ACCIDENTS.
l'ly loss of life A nj limb from railrOa
accidents In this country has become az
FALLING IL IL n subject OF which the Ma
uonal Government should take super
vision. IL might be well to begin b
providing for a Fedora: inspection OF in
trstate railroads somewhat along tn
INES Of Federal inspection of steamboat
although not going 80 fart perhaps q
first all that u would be necessary
have would be some officer whose dut
would La to Investigate au accidents q
Interstate railroads aud report IN deta
mo causes thereof. Such an office
should make Il his business to get int
30 as Ia become thoroughly familiar wit
every side of the question. the idea IL
ing to work along the lines of the pre-
'nt steamboat Inspection law.
EMPLOYERS LIABILITY.
The National Government should be
model employer. II should demand u
highest quality of service from each
| us employees ana IL should care TOT
~ them properly In return congrei
should adopt Legislation providing limi
30 but definite compensation for acc
dents 10 all workmeE within the scope
thc Federal power. including employee
of navy yards and arsenals. In 9th
words model employers liability ac
iM-rcaching and thoroughg ding, shou
be enacted which should apply to q
positions. public ana private. over VIII,
M National Government has Jurisd'
u'n. The number Of accidents 10 wdg
WorNtIs including those that are pr
Nentalfc and those that are not, has
come appalling In the mechanical. man
ilcturng, and transportation operation
81 the day. II works grim hardship
the ordinary wage-wOrker and his Tar
NY To have the effect OF such an accide
IAN solely upon him; and. on the 9th
mana, there are whole classes OF q
lorneys who exist only by inctiing m
whomay or may not have been wrong
10 undertake suits for negligence. ~
matter OF fact a suit for negligence
generally an Inadequate remedy for I
l~rson injured. while II often causes
together disproportionate annoyance
the employer. The law should he ma
tlch that the payment for accidents
H..