Daily press. [volume] (Newport News, Va.) 1896-current, 1908-09-08
LABOR DAY AT CHICAGO
TURNS INTO BRYAN OAl
Continued from Third page.)

mant Is by fine or Imprisonment. All
! the reasons that apply to criminal
cases apply to these cases of indirect
contc mpt. and the abuses to be- re-
, moved by the proposed law are thos"
that have grown up because OF the
increased tendency Of the graf cor
porations to use the writ OF lnJunc-
ton to avoid the jury trial.
The Democratic platform proposes
mo interference with the right of the
Judge. to decide the cases OF direct con-
tcmpt-cOntempt committed In the
presence of the court: neither is 1t pro
posed to interfere with the right OF
the Judge to determine the punishment
for indirect contempt. All that Is
soueh: is the substitution of trial by
jury for trial by Judge when the vio-
lation of the courts decree must be
established by evidence.
Not only Is the prosecution for con-
tempt criminal prosecution. but
there Is even more reason for a
jury than in tn ordinary criminal
case. In the criminal court the judge
acts in a judicial capacity only. He
is not responsible for the law which
is DtlUy fHIOICtu HIS touit' hhN
therefore, he has no personal grievance
against the defendant, and not only
being the prosecutor in the case. he
does not feel personal interest in
the result of the trial: but IN con-
tempt proceedings the judge is tn"
lawmaker and public prosecutor as|
well as the judge. 1t is tn" judges
order which the accused is charged
with violating, and it is the judge VINO
appears to prosecute the case. upon
which he is to rend r decision. In
our federal and state constitutions we!
have carefully separated the three de-
partments of government. and each
Is jealous Of any encroacn-
ment upon it's sphere of activity. The
Judge resents any attempt of the leg
islator Or of the executive to usurp |
the functions of the court: the exc
cutive resents any attempt OF the court |
or of the lawmaker to erter his do
main, and the lawmaker is equally In |
sistent upon the preservation of his
II there is any time or
place where a jury Is needed. it Is in |
a case of indirect contempt. 1t is not
strange that abuses have cr"pt in, for
n man would have 10 be more than /
human to unite in himself tn deliber-
alton of the legislator. the zeal OF the
public prosecutor and the importantly |
OF the judge.
Not a Labor Question.
While the laboring men have been
he first to complain Of this denial OF
the right of trial jury in cases of in
nj
labor question. The
Just system is so essential % the ad-
of justice that the sub
ject ought to appeal to all who make
a study of the science OF government.
II citizens would only be on their
guard against the beginnings of evils.
it would te very easy to apply nsces- ,
sary remedies, but in the struggle for
existence the voters are often indit- |
ferent to the application OF an errOn-
eous principle until repeated aDp!i-)
cations establish a custom. and I'M
time a custom crystalliZes into law.
1t behoOves us, as lovers of our cOun-
try and as the friends of liberty. to
insist upon the Independence of the
different departments of our govern
ment and upon the maintenance o!
the rights which have been shown by
experience to be essential to free
dom and self-government. The jury
system must be preserved. and W"
cannot hope to preserve 1t II. for any |
r cason or under any prstext. We per
nit any citi~cn to be denied the pro-
lection which II furnishes.
According TO the Declaration OF In
dependence, governments are insti-
tutrd among men to cure TO them
the enjoyment of their inalienable
rights. Among these inalienabi"
rights. three are specifically enumer-
ated-life. liberty and the pursuits OF
happiness. The second and third. how
ever. are really parts O! the first, for
life III ans nothing to the individual II
il is confined TO mere animal exis-
tenre. Man is distinguished from tn.
brute in that the latter merely eats
and sleeps and dies. while man is en-
lowed by the Creator with infinite
Liberty Is necessary for
tho realization Of mans possibilities.
His conscience must he left free that
he NAV fix for himself the relation be- |
tw en- himself and his God. His mind
must l., left free that he may devils" !
and plan for himself. for hts family and
for his fellows His speech must he |
free that n may give TO the world the
results Of his Investigations and prescn; |
to others the ideal which he is try
ing TO realize in his work. His pen !!
must bc fire. that he may scatter seed
thoughts to the uitcrmost parts or
the earth and leave 10 pOsterity re-
cord 81 his work He finds in govern |
m"nt the cheap"si. as we'll as tho
snresi. protection OF this liberty. TO b".
To think. TO speak. TO act
pUrsvit Of happiness
And what constitutes the pursuit |
of happiness Man must have HON"
and fricnds-family and society. II"
must have food " h. viii ~tarve. lie
mus, have clothiIg and sh"itcr: he
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