The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1908-12-17

In need of protection that the courts of the
land are profoundly ignorant of and out u
sympathy with their needs. and profoundly
indifferent or hoStil" tn any proposed rem
edy. To such men ii seems cruel mock
cry to have any court decide against them
on or, the ground that j. desires to preserve
Liberty In II purely technical form, by
Withholding liberty in any real ana con
strUctiyc sense. 1t is desirable that the
legislative body should possess, and whcr-
ever necessary exercise, the power To dc
termine whether in n given case employ
"rS and employees are not on an equal foot
ing so that the necessities Of the latter
compel them to submit to such eXactlons
as to hours and conditions of labor as I'M
duly to tax their strength: and only mis-
chief can result when such determination
is upset on the ground that there must be
no interference with the liberty to con
tract often a merely academic "iiherty.
the exercise of which IS the ncgation Of
real liberty
There are certain decisions by various
courts which have been exceedingly d"trl-
mental TO the rights Of wagewor korS. This
Is true of all the decisions that decide that
men and women are, by the constitution,
guaranteed their liberty TO contract 10
enter dangerous occupation or 70 work
an undesirable or improper number OF
hours. or to work In unhealthy surround
ingS; and therefore cannot recover dam
ages when manned in that occupation, and
can not be forbidden to work what the
Legislature decides IS an cXccSS'v"
number of hours, or 10 carry on the work
under conditions which the Legislature do
cidcs to be unhealthy. The most DANGEROUS
occupations are often tn" poorest pa and
those where thr hours If work are longest
and In MANY cases those who 90 into them
are driven by necessity 50 great hat they
have practically no alternative. Decisions
such as those alluded to above nuliify III"
Legislative effort to protect the wagcwork
ers who most need protection from thosr
grinding need. They halt or hamper The
mOvpLrut for securing better aud mure
equitable conditions Of labor The talk
.stYt.F gtirls .1,rN
ings who make contracts for such srrvic"
their elderly TO make them is either to
speak in n spirit Of hcartleSs irony or else
to show an utter lack Of knowledge of the
conditions Of llfo among the gl,at masses
of our fellow-couutrym"u. lack which un.
fits judge to do good service Just as 1t
would unfit any executive or legislative
There is also. | think ground for the he
lief that substantial injustice IS often sut
ftrpl by employees in consequence of the
custom Of courts issuing temporary iuiunc-
tiuus without notice 10 them, ana punish
iur them for contempt of court IN instances
where, as matter Of fact, they hay" no
knowledge of any proceedings outside OF
organized labor there is WidPSPr'ad reel
Ing that this system often works great IL.
Justice to wHguworkerS when their efforts
Industrial disputes. \ temporary injunction
procured OK partp may as a matter ol taci
Invc all tho effect of Il permanent lulunr-
tiun In cnusiug disaster to the Wa@rWorR-
prs' side I'm such % dispute Organized labor
is chatting under the unjust restraint which
comes from repeated resort to this plan of
procedure Its discomfort has been unWiSc-
iy expressed. and often Improperly cN-
pressed, hut there is q sound basis for it.
and the orderly ana laW-aoidinG people of q
community wuula be in a far stronger POSI-
tiun for upholdng the courts If the I'M
doubleday existing abuses could be provided
against
such proposals aS those mentioned above
rs advocated hy The extreme labor leaders
contain the vital error ot being class legiS
lation Of the most offensive kind, ana even
if enacted MIC law | believe that tho law
Moreover the labor pcopl" are themselves
now beginning to invoke the use of the
power II injunction. During the last ten
years and within my own knowledge: at
least fifty injunctons have been obtained
by labor unions in New, York city
trct tAe bu t'"''e Some ,o0' being 6btaSi
for other reasons against employers. Inc
power Of injunction is great equitable
remedy. which should on no account he de-
strovcd But safeguards should he erected
against its abuse | brlicyc that some such
provisions as those advocated year
ago for checking the abuse OF the Issuance
of temporary iniunctiuuS should be adopt
ed I'm substance, provision should be
made that no injunction or temporary re-
Strnluing order issue otherwise than on
notice except where irroparable Injury
would otherwise result and in such case
hearing on the merits of the order should
be had within short fixed period, and, If
not then continued after hearing, 1t should
forthwith lapse Decisions should be rem.
dcred Immediately, ana the chance Of de-
Law minimiZcd In every way. Moreover /
believe that the procedure should he sharp
" defined ana the judge required minute
Iy TO state the particulars both Of his aC-
zion and of his reasons therefor so that
the Congress can If 1t desires examine and
investigate the same.
The chief lawmakers in our country may
bc. and often are, the judges, because they
are the final seat of authority. Every time
they interpret contract. property, vested
rights due process Of law, liberty, they
necessarily enact into law parts of a sys
tenn of social philosophy; and as such In
tcrprotaton IS fundamental, they give di-
rectiou to all law-makins The decisions
Of the courts on eCOl-pmic and social queS-
lions depend upon their economic ana so
clal philosophy; and for the peaceful prog
ress Of our people during the twentieth
Century we shall owe most to those judges
who hold to a Twentieth Century economic
and social philosophy and not to long
outgrown philosophy which was Itself &C
product Of primitive economic conditions
OF course n judges views on progressive
social philosophy are entirely second in
Importance to his possession of high
and fine character; which means the pos
session Of such elementary virtues rs hon,
csty, courage, and fairmndednesS. The
judge who owes his election to panderinE
10 demagoEic sentiments or class hatredS
and prejudiccs aud the judge who owes
the money or the favor Of a great corpora
ton. are alike unworthy to sit on the
bench. are alike traitors to the people; and
no profundity of legal learning, or cor
rcCtneSs of abstract conviction on Tues-
tlons of public policy, can serve as IN off
set TO such shortcomings, But it Is also
true that judges, like executives and lcgts-
lators, should hold sound views on the
questions Of public policy which are OF
vital interest to the people
The Legislators and executives are
chosen to represent the people In
enactng and administering the laws
The judges are not chosen to rep
resent the people In this sense. Their
islators arc responsible for the laws; the
judges for the spirit in which they interpret
and enforce the laws. We stand aloof from
the reckless agitators who would make the
judges mere plant tools Of popular pref
udice and passion; and we stand aloof
from those equally unwise partisanS of re
action and privilege who deny the PROPOSE
tiOn that inasmuCh as judges are chosen to
serve the interests Of the whole people, they
should strive to find out what those inter
csts are. and, SO far as they consCientiously
can, should strive to give effect to popular
conviction when deliberately and duly eX,
pressed by the lawmaking body. The courts
are to be highly commended and staunchly
upheld when they set their faces against
wrongdoing or tyranny by a majority; but
they are to he blamed when they fail to
recognize under government like ours the
deliberate Judgment of the majority as to
matter of legitimate policy, when duly eX'
pressed by the Legislature. Such lawfully
expressed and deliberate judgment should
be given effect by the courts save In the
extreme and exceptional cases whore there
has been Il clear violation of n constitutional
provision Anything like frvOity or wan
tonness in upsettlng such clearly taken gov
the republic. To protest against tyranny,
to protect minorties from oppression, to