The Yale expositor., 1908-12-11

| that no injunction or temporary re-
| straining order issue otherwise than on
notice, except where irreparable injury
/ would otherwise result; and I'm such case
hearing on the merits OF the order
| should be had within short fixed pc
4 riod and. IL not then continued after
| hearing. IL should forthwith lapse. De-
/ cisions should be rendered Immediately
| and the chance OF delay minimized in
| every way. Moreover, / believe that the
| procedure should be sharply defined. and
| the judge required infinitely to state the
/ particulars both of his action and OF his
| reasons therefor. so that the congress
can IL II desires examine and investigate
/ the same.
For many OF the shortcomings OF
| justice in our country our people as a
/ whole are themselves to blame. and the
| judges and Juries merely bear their
| share together with the public as a
| whole II is discreditable to us as a
| people that there should be difficulty in
convicting murderers. or in bringing to
| justice men who as public servants
| have been guilty OF corruption. or who
| have profited by the corruption OF
| public servants. The result is equally
| unfortunate, whether due to hairsplit-
| ting technlcalities in the Interpretation
OF law by judges. to sentlmentality and
| class consciousness on the part of
| juries, or to hysteria and sensational
| ism in the daily press. For much OF
| this failure OF justice no responsibility
| whatever lies on rich men as such. We
| who make up the mass OF the people
| cannot shift the responsibility from our
| own shoulders. But there is an impor-
| tant part of the failure which has spe-
| cial.y to do with inability TO hold
| to proper account men of wealth who
behave badly.
| The Modern Corporation.
: The huge wealth that has been accu-
| NaA n Fa Ina tutA IL ~
| years. in what has amounted to a So
| cial and Industrial revolution. has been
| as regards some OF these individuals
made possible only by the improper use
| of the modern corporation. A certain
| type of modern corporation. with its
| officers and agents. its many Issues OF
| securities. and its constant consolida-
| ton with allied undertakings, finally
| becomes an instrument so complex as
to contain a greater number OF ele-
ments that. under various judicial de-
| cisions. lend themselves to fraud and
| oppression than any device yet evolved
| in the human brain. Corporations are
necessary instruments OF modern BUSH
ness. They have been permitted TO
| become a menace largely because the
governmental representatives OF the
| people have worked slowly in provid-
| ing for adequate control over them.
Our great clusters Of corpora
lions. huge trusts and fabulously
wealthy multimillionaires employ the
| very best lawyers they can obtain to
| pick flaws in statutes after their
| passage; but they also employ class
OF secret agents who seek. under the
| advice OF experts. TO render hostile
| legisla ion innocuous by making IL un-
constitutional. often through the inser-
| tion of what appear on their face TO be
drastic and sweeping provisions against
| the interests of the parties inspiring
them; while the demagogues the cor
| rupt creatures who introduce black
| mailing schemes to strike" corpora
| tons. and all who demand extreme
| and undesirably radical. measures,
| show themselves TO be the worst enc
| mics of the very public whose loud
mouthed champions they profess to be-
| Real damage has been done by the
| manifold and conflicting interpretations
| Oh the interstate commerce law. Con-
| troll over the great corporations doing
| interstate business can be effective only
| IL IL Is vested with full power In an
| administrative department. a branch of
| the federal executive, carrying out
| federal law; II can never be effective IL
a divided responsibility is left in both
| the states and the nation: II can never
| be effective IL left in the hands of the
| courts to be decided by lawsuits
Respect for Law Must Be Upheld.
The courts hold place of peculiar and
| deserved sanctity under our form OF gov
| eminent. Respect for the law is essen
| tial to the permanence of our institu-
| tons; and respect for the law Is largely
| conditioned upon respect for the courts.
1t is an offense against the republic TO
| say anything which can weaken this re-
spect, save for the gravest reason and in
| the most carefully guarded manner. In no
| other nation in the world do the courts
| WELD such vast and far-reaching power
as in the United States. All that is nee
essary Is that the courts as a whole
| should exercise this power with the far
sighted wisdom already shown by those
| judges who scan the future while they
| act in the present. Let them exercise
| this great power not only honestly and
| bravely, but with wise insight into the
needs and fixed purposes OF the people,
| so that they may do justice, and work
| equity, so that they may protect all per-
| sons in their rights. and yet break down
the barriers Of privilege, which is the foe
| OF right.
Forest Preservation.
II there is any one duty which more
| than another we owe IL to our children
| TO perform at once, II is TO save the for
| esss of this country for they constitute
| the first and most important element in
| the conservation of the natural
| sources of the country. Just as
| a farmer. after all his life making his
| living from his farm, will, IL he is an ex-
1 pert FARMER, leave IL as an asset OF IN
| creased value to his son, so we should
| leave our national domain to our chill
dren, increased in value and not worn
| out. There are small sections of our own
| country, in the east and in the west. in
| the Adrondacks, the White mountains
| and the Appalachians, and in the Rocky
| mountains, where we can already see for
| ourselves the damage In the shape OF
| permanent injury to the soil and the
/ river systems which comes from reckless
| deforestation. 1t matters not whether
| this deforestation Is due to the actual
| reckless cutting OF timber. to the fires
| that inevitably follow such reckless cut
| ting OF timber. or to reckless and uncon-
! trolled grazing. especially by the great
! migratory bands OF sheep. the un-
| checked wandering OF which over the
! country means destruction to forests and
| disaster TO the small home-makers the
| settlers of limited means.
! Thanks to our own recklessness
In the use of our splendid forests.
we have already crossed the verge OF
| timber famine I'm this country. and no
| measures that we now take can. at least
for many years. undo the mischief that
| has already been done But we can pre-