The Ellensburg dawn. [volume] (Ellensburg, Wash.) 1898-1914, 1908-12-10

business should not be construed os n
| property right, and In n scc"ud pro
vision their bin made legal II, a labor
ols'u'e any act or agreement by or
pe'"eeh TWO or more persons that
would not have been unlawful If done
by n single person. In other words,
thls bill lcGalizcd blacklisting and boy
cotting in every form. The demand
was made that there should be trial
py jury IN contempt cases, thereby
most seriously impairing the authority
of the courts. All this represented a
course of policy which, If carried out.
would mean the enthroncmcnt of class
privilege III its crudcSt and most
brutal form and the destruction of
one OF the most essential functions of
the Judiciary In all civilized lands.
The Wngeworkers, the workingmcn,
the laborlng men of the country, by the
way In which they rcpudlated the eff
fort to get them to cast their votes in
response TO an appeal to class hatred
have emphasized their sound patriotism
and Americanism.
Courts ImperIed by Judges.
But the extreme rcactionarics, the
| wrongs now and then committed by
the courts on laboring men, should
also think seriously as to what such Il
movement as this portcnds. The
courts are jeoparded primarily by the
action of these federal and state
judges who show inability or unwill-
lngncss to put a stop to the wrong
doing of very rich men under modern
| Industrial conditions
There are certain decisions by va
rious courts which have been exceed
ingly detrimental to the rights of
wageWorkers. This Is true of all the
| decisions that decide that men and
women are by the constitution guar
| anteed their liberty" to contract to
| enter Il dangerous occupation, or to
work an undesirable or improper num-
| Der of hours, or to work in unhealthy
surroundings, and therefore cannot re-
cover damages when manned in that
| occupation and cannot be forbidden
| to work what the legislature decides IS
an excessive number of hours, or to
| carry on the work under conditions
which the legislature decides to be un-
| healthy.
There is also. l think ground for
the belief that substantial injustice is
often suffered by employees in conSe-
quence of the custom of courts isSu
ing temporary injunctions without no.
tice to them and Furnishing them for
contempt of court in instances where,
as matter Of fact, they have no
knowledge of any proceedings Pro
vision should be made that no injunc-
ton or temporary restraining order
Issue otherwise than on notice, except
whore irreparable injury would other
wise result, and in such case a hear
ing on the merits of the order should
be had within n short fixed period,
and if not then continued after hear
ing it should forthwith lapse. Deci-
sions should be rendered Immediately
and the chance of delay minimized in
every way.
The courts are to lie highly com
mendcd and slanchly upheld when
they set their faces against wrong
doing or tyranny 10y II majority. but
they are to be blamed when they
fail to recognize under Il government
ike ours the deliberate Judgment Of
the majority as to matter of lcgiti
mate policy when duly expressed by
the legislature. The people should
not be permitted to pardon evil and
slipShod legislation on the theory that
The court will set it right. They should
be taught that the right way to get rid
of bad law is to have the legislature
repeal it and not to have the courts by
ingenious hair splitting nullify it.
People Themselves to Blame.
For many of the shortcomings ol
Justice in our country our people as a
whole are themselves to blame. and the
Judges and juries merely bear their
hare together with the public ms Il
whole 1t is discrcditabc TO us As Il
people that there should be difficulty
in convctn" murdercrs or in bringing:
70 justice men who rs public servants
have been guilty of corruption or who
have protited by the corruption Of pub
nc servants.
The huge wealth that has been ac-
cumuatcd by few Individuals of re-
cent years, in what has amounted to
A social and Industrial revolution, has
been as regards some Of these indivd-
lals made possible only 10y the improp
er use of the modern corporation. Cor
porations are necessary Instruments of
modern business. They have been per
mittcd to become n menace largely be
cause the governmental representatives
of the people have worked slowly in
providing for adequate control over
them.
Real damage has been done by the
manifold and conflicting interpreted
lions of the interstate commerce law.
Control over the great corporations do
ing interstate business can be effective
only if it is vested with flfll power In
an administrative departments branch
of the federal executive, carrying out
n federal law. II can never be eff