Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1907-12-07

measurable equality OF opportunity for
he people of the generations growing TO
manhood We have not the slightest
sympathy with that socialistic idea
which would try to put laziness. thrift
lessnesS and ineff1ciency on par with
industry thrift and efficiency, which
would strive to break up not merely pri-
vate property. but what is far more inn
Iortant. the home the chief prop upon
which our whole civilization stands. Such
theory. If ever adopted, would mean
the ruin OF the entire country-a ruin
which would bear heaviest upon the
weakest, upon those least able to SHIFT
for themselves. But proposals for legis-
lation such as this herein advocated are
directly opposed to this class of social
istic theories. Our aim Is To recognize
what Lincoln pointed out: The fact that
there are some respects In which men
are obviously not equal, but also 70 IN
sist that there should be an equality or
self-respect and of mutual respect, an
equality of rights before the law and
at least an approximate equality IN the
conditions under which each man op-
tains the chance to show the stuff that
is i'm him when compared to his fellows.
A few years ago there was loud com
plant that the law could not be invoked
against wealthy offenders There rs no
such complaint now
enforcement Of the The course of the
department of JUS
Law. tice during the last
few years has been
such as to make it evident that no man
stands above the law. that no corpora
tion rs so wealthy that IL cannot be held
to account. The department of justice
has been as prompt to proceed against
the wealthiest malefactor whose crime
was one of greed and cunning as 10 pro
ceed against the agitator who incites 10
brutal violence Everything that can pc
done under the existing law and with the
existing state of public opinion, which so
profoundly Influences both the courts ana
juries, has been done. But the laws
themselves need Strengthening IN more
than one important point. they should
be made more definite, so that no honest
man can be led unwittingly TO break
them and so that the real wrongdoer
can be readily punished
Moreover, there must be the pubic
opinion back OF the laws or the laws
themselves will be of no avail. Al pres
ent while the average Juryman undoupt,
edly wishes TO see trusts broken ap, ana
Is quite ready to fine the corporation IL
self he is very reluctant to find the Facts
proven beyond a reasonable doubt When
II comes to sending TO jail member OF
the business community for indulginS IN
practices which are profoundly un-
healthy, but which, unfortunately, the
business community has grown TO rec
ognize as wel-nigh normal Both me
present condition of the law and the
present temper of iuries render it a task
of extreme difficulty to get at the real
wrongdoer in any such case, especially
by Imprisonment Yet IL is from every
standpoint far preferable to punish the
prime offender by imprisonment rather
than to fine the corporation with the at
tendant damage TO stockholders
The two great evils in the execution OF
our criminal laws TODAY are sentimental
ity and technicallty. 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 pub
lie opinion which shall insist that regard
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 discon-
tent with the criminal law Will continue.
Instances of abuse In the granting of
injunctions In labor disputes continue 10
occur and the resentment In the minds OF
those who feel that
lnIunctions. their rights are be-
ing invaded and
their liberty Of action and OF speech un-
warrantabv strain ID continues likewise
to glow. VI -rh of the attack on the use
of the process of injunction is wholly
without warrant; but / am constrained
to express the belief that for some OF 1t
there is warrant This question is be-
coming NOR, and more one of prime inn
portance, ard unless the courts VIII
themselves deal with II in effective man
ner, il is certain ultimately to demand
some form OF legislative action. It-would
be most unfortunate for our social well
fare If we should permit many honest
and law abiding citizens to feel that they
had just cause for regarding our courts
with hostility I earnestly commend to
the attention of the congress this matter,
so that some way may be devised which
will limit the abuse OF injunctions and
protect those rights which from time TO
time IL unwarrantably invades. More
over, discomfort is often expressed with
the use of the process OF injunction NY
the courts not only in labor disputes, but
where state laws are concerned. re-
frain from discussion of this question as
! am informed that IL will soon receive
the consideration of the supreme court.
The federal courts must OF course de-
eide ult atelv what are the respective
spheres OF state and nation in connection
with any Nv, state or national, and they
must decide definitely and finally in mat
ters affecting individual citizens, not only
as to the rights and wrongs OF labor but
as to the rights and wrongs of capital;
and the rational government must al
ways see that the decision of the court is
put into effect. The process of injunction
Is an essential adjunct OF the courts do
Ing its work well: and as preventive
measures are always better than reme-
dial, the wise use of this process is from
every standpoint commendable. But
where * is reCrleSSly 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 needlessy anticipating such
final dec sion, or i'm the tyrannical use of
to accomplish what is in fact perma-
nent decision.
The loss OF life and limb from railroad
accidents i'm this country has become ap-
oalling. 1t is a subject of which the ma
tional government
Accidents should take super
vision 1t might be |
we'll TO Degin by providing for federal
OF Interstate railroads some-
what along the lines of federal inspection
Il steamboats,, although not going so far;
perhaps at first all that Ii would be nee
,ssary to have would be some officer
whose duty would be to investigate all |
accidents on interstate railroads and re-
,ort in detail the causes thereof. Such
In officer should make 1t his business to |
ret into close touch with railroad oper-
lting men so as to become thoroughly
amiliar with every side of the question.
he idea being to work along the lines Of /
he present steamboat inspection law.
The national government should be
model employer. 1t should demand the |
highest quality OF service from each OF /
its employees and IL /
Employers should care for all /
OF them properly in /
Liability. ret ur n Congress /
should adopt legis- /
alton providing limited but definite com
'ensation for accidents to all workmen /
Within the scope of the federal power in /
luding employees of navy yards and ar
RS liability act, far-reaching and thor
ughgoing, should be enacted which |
hould apply to all positions. public and |
rivate. over which the national govern
nent has Jurisdiction. The number of
ccidents to wageworkers. including those
hat are preventable and those that are
ot. has become appalling In the me-
hanical. manufacturing and transporta-
ion operations of the day. 1t works
rim hardship to the ordinary wage
"a IN hox ~ .efn