New-York tribune., 1908-12-09

effort protect the wage NoFEerS VINO fuOsr
need protection from thOs- employers whO take
advantage Of their grinding need They haic
or hamper the movement for securing better
and more equitable conditions Or labor TIE
talk about preserving To- the misery hunted b.
fngs who make contracts for such service their
liberty, TO make them is either 70 sues1C f.
a spirit Of heartIess irony or else o. show a.
utter lack Of knowledge Of the conditions 0f Ess
among the great masses OF our fellow cOErtr--
men, lack which units a Judge % Do COOL
service just as il would unfit any executive Or
legislative officer.
There is also / think ground for the 5eHs.
that substantial Injustice 81 often suffered -
ernDlOyes in consequence Of the custom of eer---
issuing temporary intUnctions without nofiea :.
them and Furnishing them for contempt ~ eor-.
In instances here. \ matter ~ f4c- -Ha,
have no knowledge Of any proceeding C~.
sids ~ oraanfzed labor there fs a do
feeling that this system often works great IL
Justice to wage workers when their efforts =,
better their working condition result tn ia11s-
trial disputes. \ temporary Injunction B-a
cured ex parte may 30 natter NJ fe~r. hars
all the effect Of q permanent injunction -r ans
ing disaste~ 20 the WaEe7' .r',er- side .T sum
a dispute Organized abor ls cnafrz under -.
unjust restraint which comes from rareatef ~s-
sort 70 this plan Of procedure Us dfz~7-fan,
has been unwiseIy expressed. and often f77u-9-
erlv expressed but there is a sound basis fo-
and the orderly and iaw-abidirE people y a
community would be iE a far stronger position
for uphOlding the courts Fl tha undou5tar--- ~
isting abuses could be provided against
Such proposals as those mentioned above a.
advocated b. the extreme iab0r leaders. c0nt3la
the vital error Of being class legislation 0f trr
most offensive kind and even b. enacted i1-3
law 7 believe that he iav. would rightly be rel
unCon stitutional rforeOVe~. the labor people s-a
themselves now beginning 20 invoke The use .
the power If Injunction During the last ten
years. and within my own kro.rlefEe. A. least
fifty injUnctions have been detained hv Abr
unions in New York Cif- alone most Of them
being 20 protect the union ieheI IA property
right. but some being obtained for other rea-
sons against enPio[ erS me power I7J1nc-
tion IS great equitable remedy. which znoulf
on no account he destroyed But safeguards
should Re erected against ~ abuse. believe
that some such provisions as those advocated
year ago for checking r1A a1usa ~ -ra issu-
anCe Of temporary i7iUUCtiOns should be ad0ut-
ed In substance provision should ba made tEst
no Injunction temporary restrain .1z order
iezue otbery-fso than on notice exe-pr vrbs-.
irreparable injury would otherwise result. ard
in such case 2 hearing on the merits u ths
order should be had within short fxad period -
and II not then continued afre- hearing t- sh01If
forthwith lapse Decisions shoILd 10 rendered
Immediately and the chance OF delay r1ln--tzsi
in every way. Moreover. believe that t1s p-1-
cedure should be SHARPLY defined and the iudss
required rinuteiy 10 state the particulars. bcth
Of his action and of his reasons therefor 50 TIA.
the Congress can, If If desires. examine and IL
vestfgate the same
The chief lawmakers in our count-y may q.
and often are. the Judges, because they are tns
final seat of authority. Ever time they in
terpret contract. property. vested rights. dua
process Of law. liberty. they necessarily snac-
into law parts Of a system OF social philosophy,
and a. such Interpretation Is Fundamental. ther
give direction TO all lsVTaking The decisions
Of the courts on economic and social questions
depend upon their economic and social philOs0-
phy. and for the peaceful progress Of our peorIs
during the twentieth century We snail owe most
to those judges who hold 70 a twentieth century
economic and social PHILOSOPHY and not 70 4
long outgrovvn philosophy. vhiC1 was ITSELF the
product Of primitive economic conditions Ot
course judges views on progressive social
philosophy are entirely second IN importance .
his possession Of a high and fine character,
which means the possession Of such elementary
virtues as honesty. courage and fa!r11ln1aCness.
The Judge who owes his election 10 pardars-z
20 derna gOgic sentiments or class hat-eds and
preiudices. and the judge who owes either his
IL = -T- .rr~r
favor of great corporation. are alike unV CrJ1E
to sit on the bench. are alike traitors 70 the
people: and no pTCfundity OF legal learning Or
correctness Of abstract co1vlcuo1 on qLesll0ns
Of public policy can serve as an OFFSET 70 suc1
shortcomings But fl IS also true that Judges
like executives and legislators. should hold sound
views the questions OF public policy which
are Of vital interest TO the people.
The legislators and executives are chosen ,
represent the people IN enaCting and a1-ll---sl--
ing the laws. The judges are not chCsenD
represent the people in this sense Their fun
tion is to interpret the laws The legislators ara
responsible for the laws the Judges TOR -
spirit in which they interpret and enforce ths
laws We stand aIOOf from the reckless agita-
tors who would make the judges mere p-alt
tools Of popular prejudice and passion and vs
stand alOOf from those equally u11ylse rzr-lsa1s
of reaction and privilege who deny the p-cp0S-
tiOn that. inasmuCh as Judges are chosen %
serve the interests OF the whole people. they
should strive TO find out what those interests
are. and. far as they cOusCIenrt1uSIv can.
should strive u give effect 70 popular CDrv-c-
tion when deliberately and duly expressed By t5s
commended and stanchiy upheld when they SET
their faces against wrOngd5ing or tyranny By
majority but they are TO he blamed when they
fail TO recognize under government Ike curs
the deliberate judgment OF the ma i0rirv as 20
matter Of legitimate policy when duly *
pressed by the Legislature. Such lawfully
pressed and deliberate judgment should be given
effect by the courts. save in the extreme and
exceptional cases where there has been clear
violation " constitutional provision anything
ike frivolity or wantonneSs in Upserrins sucl
clearly taken governmental action is a grave
offence against the Republic To protest against
tyranny 10 protect minoritteS from oppression
70 nullify act committed in spaSU cf pep
uiar fury. is 10 render service To the R=p-olic
But for the courts To arrosats t1 themselves
functions which properly belong o. the I7g-s-a-
tive bodies is al wrong. and In the end Uor3
mischief The people should not n- permitted .
pardon evil and slipShod legislation ON the the
DRY that the court vil set 10 right they sl2ul
be. taught that the right way to get rid of q bad
law Is to have the legislature repeal i-. and not
u have the courts by ingenious LairSo-itting.
nullify IL A law may be uuvis- and iUp-Cps-.
but il should not for these reasons be declared
unconstitutional by strained interpretation. tor
the result of such action is 10 take away from
the people at large their sense or r7SroIlSlol-ls
and ultimately u destroy their capacity tor
orderly Self-reStraint and self government IN
der such popular government as GUYS, FOUNDED
on the theory that in the long ru0 the VIII or
the people is supreua. the ultimate safety OF t5s
nation can only rest in training and E1l-lns tas
people so that What they VIII shall be right aad
not IN devlsirg means 70 defeat f1efr VIII oy ITO
teChnicalities Of strained conSr-uC-i0r.
For many OF tFe Shortcomings ~ iIS-tcs ID
our country our people whole are mem
selves to blame ard the Judges and Tu-,as mercy
bear their share together with the pu0f1 2S
whole II is diSr-e1it7b bic ~ Us as q people that
there should he difficulty IN convtcrf-z murder
evs. or N bringing 70 justice men who IS puolc
servants have been guilty Of corruption. or Tno
have prOfited by the corruption Of puh'c ser
wants The result Is equally unfortunate W1stl-
due 20 hairsplittinE techniCa,irlss I'm the IN
depreciation OF law by Judges. 70 Ssur,--s1tahIE
and class consciousness on the part OF 1urteS or
| hyS N =