Evening journal., 1907-12-03

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 op-
posed to this class OF socialistic the
cries.
Enforcement Of tho 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-
count 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 jurles. has been done. but the laws
themselves need strengthening They
should be made more definite, so that
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 sentmentality
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.
Inlunetions.
Instances Of abuse in the granting
Of injunctons 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 1 am con-
strained to express the belief that for
some Of it there is warrant This Dues
tion is becoming one Of prime impor-
tance, and unless the courts will deal
with it in effective manner It 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. l earnestly commend
to the attention Of the congress this
matter, 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. 1 refrain
from discussion Of this question as I
am informed that it 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 antici-
pating such final decision or in the
tyrannical use Of what is nominally a
temporary injunction to accomplish
what is in fact a permanent decision.
The president urges the passage OF a
model employers liability act for the
District Of Columbia and the territories
TO encourage corporations to treat in
jured wageworkers better. He en-
phatically 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 la
Dor the use of the interstate commerce
clause to prevent the products Of child
labor from entering into interstate COM
merce. But before using this it ought
certainly to enact model laws on the.
subject for the territories under its
own immediate control
Presidential Campaign Expenses.
Under our form Of government vot-
ing is not merely a right. but a duty,
and. moreover. a fundamental and nee
essary duty If a man is 10 be a good
citizen. 1t is well to provide that cor
porations shall not contribute to presi-
dental or national campaigns and, fur
thermore, to provide for the publica-
tion OF both contributions and expendi-
lures. There is, however always dan
ger in laws Of this kind, which from
their very nature are difficult of en-
forcement, the danger being lest they
be obeyed only by the honest and dis
obeyed by the INSCRIPTIONS. so as to
act only Us a penalty upon honest men.
Moreover, no such law would hamper
an inscriptions man OF unlimited
means from buying his own way into
Office. There is a very radical meas
ure which would, believe, work
substantial improvement in our sys-
tenn of conducting a campaign, al
though | am we'll aware that it will