Warren sheaf. [volume] (Warren, Marshall County, Minn.) 1880-current, 1908-12-10

6Htceu hlHeITxADe 10 CONTRARY 10 SuG0s
dangerous occupation, or to work an
i undesirable or improper number Of hours.
or to work in unhealthy surroundings;
and therefore cannot recover damages
when MANNED In that occupation, and
cannot be forbidden to work what the
legislature decides IL an excessive NUM-
Der OF hours, or to carry on the work
under conditions which the legislature
decides to be unhealthy. The most dam
gerous occupations are often the poorest
paid and those where the hours of work
are longest; and In many cases those
who go into them are driven by neces-
sity so great that they have practically
no alternative. Decisions such as those
alluded to above nullify the legislative
effort to protect the wage-Workers who
most need protection from those employ
ers who take advantage Of their grind
ing need. They halt or hamper the move
ment for securing better and more 4equi-
table conditions Of labor. The talk about
preserving to the misery-hunted being
who make contracts for such service
their liberty to make them, IL either
to speak in spirit OF heartless irony or
else to show an utter lack Of knowledge
masses Of our fellow-countrymen, lack
which units Judge to do good service
Just as It would unfit any executive or
legislative officer. .se
There is also, think, ground for the
belief that substantial injustice IS often
suffered by employees In consequence Of
the custom Of courts issuing temporary
injunctions without notice to them. and
Furnishing them for contempt Of court In
instances where, as a matter Of fact,
they have no knowledge Of any proceed
ings Outside Of organized labor there
Is widespread feeling that this system
often works great injustice to wage
workers when their efforts to better
their working condition result in indus
trial disputes. A. temporary Injunction
procured ex parte may as matter Of
fact have all the effect Of a permanent
Injunction in causing disaster to the
wageworkers' side in such a dispute Or
ganized labor is chatting under the unjust
restraint which comes from repeated re-
sort to this plan of procedure It's dis
content has been unwisely expressed,
and often Improperly expressed, but
there IL a sound basis for It, and the or
munity would be in a far stronger posi-
ton for upholding the courts II the UNI
doubtedly existing abuses could be pro-
vided against.
Matters for Thought for Labor.
Such proposals as those mentioned
above as advocated by the extreme labor
leaders, contain the vital error Of being
class legislation Of the most offensive
kind, and even II enacted into law be-
lieve that the law would rightly be held
unconstitutional. Moreover, the labor
people are themselves now beginning to
invoke the use of the power of injunc-.
ton. During the last ten years, and
within my own knowledge, at least fifty
1njunctions have been obtained by labor
unions in New York city alone, most of
them being to protect the union label "a
property rightly, but some being OBJ
tanned for other reasons against employ
ers. The power Of injunction is a great
equitable remedy, which should on no
account be destroyed. But safeguards
should be erected against its abuse.
believe that some such provisions as
those advocated year ago for check
Ing the abuse of the issuance Of tenn
porary injunctions should be adopted.
In substance, provision should be made
that no injunction or temporary re-
straining order issue otherwise than on
notice, except where irreparable injury
would otherwise result; and in such case
hearing on. the merits of the order
should be had within a short fixed pc
Rod, and, If not then continued after
hearing, it should forthwith lapse. De-
cisions should be rendered Immediately,
and the chance of delay minimized in
every way. Moreover, I believe that the
procedure should be sharply defined, and
the judge required minutely to state the
particulars both Of his action and Of his
reasons therefor, so that the congress
can if it desires examine and investigate
the same. III s.s f.
importance Of Court Decisions.
The chief lawmakers in our country
may be, and often are, the judges, be-
cause they are the final seat of author
ity Every time they interpret contract
property, vested rights, due process of
law, liberty, they necessarily enact into
law parts of a system of social philos-
ophy: and as such Interpretation is fun
damental they give direction to all
law-mal1ing. The decisions Of the courts
on economic and social questions depend
upon their economic and social philos-
ophy; and for the peaceful progress of
our people during the twentieth century
we shall owe most to those judges who
hold twentieth century economic and
social philosophy and not long cut
grown philosophy, which was
Itself the product of primitive eco
nomic conditions. OF course a
Judges views on progressive social
philosophy are entirely second in imp,r-
lance to his possession of a high aad
fine character, which means the possas-
sion of such elementary virtues as HOG
esty, courage, and fairmindedness The
Judge who owes his election to panderirg
to demagogic sentiments or class hatreas
and prejudices, and the Judge who owns
either his election or his appointment to
the money or the favor of a great cor
poration are alike unworthy to sit on
the bench, are alike traitors to the peo-
pie; and no profundity Of legal learning
or correctness of abstract conviction on
questions of public policy, can serve as
an offset to such shortcomings. But It
is also true that judges, like executives,
and legislators, should hold sound views
on the questions Of public policy which
are of vital interest to the people. s=s
The legislators. and executives are
chosen to represent the peoplein enact
ing and administering the laws. The
judges are not chosen to represent the
people in this sense. Their function is
to interpret the laws. The legislators
are responsible for the laws; the jud gess
for the spirit in which they interpret
and enforce the laws. We stand aloof
from the reckless agftators who would
make the judges mere plant tools Of
popular prejudice and passion; and we
stand aloof from those equally unwise
of reaction and privilege who
deny the proposition that. inasmuch as
judges are chosen to serve the interests
of the whole people, they should strive
to find out what these interests are,
and So far a & thew cOnScienti0nS1v5 "a n q