Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1908-12-09
PRESIDENTS MESSAGE.
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1t Is earnestly to be desired that
some method should be devised for do
ing away with the long delays which
now obtain in the administration of
Justice and which operate with pecul-
lar severity against persons of small
means and favor only the very crimi-
nails whom it Is most desirable to pun
fish.
At the last election certain leaders
of organized labor made a violent and
sweeping attack upon the entire ju-
dietary Of the country, an attack
couched in such terms as to include
the most upright, honest and broad
minded judges no less than those of
narrower mind and more restricted
outlook. Last year before the house
committee on the judiciary these same
labor leaders formulated their de-
mands, specifying the bill that con-
tanned them, refusing all compromise,
stating they wished the principle of
that bill or nothing They insisted on
a provision that in a labor dispute ne
Injunction should issue except to pro-
tect property right and specifically
provided that the right to carry on
business should not be construed as a
property right, and in a second pro-
vision .Leir bill made legal in a labor
dispute any act or agreement by or
between two or more persons that
would not have been unlawful if done
by single person. In other words,
this bill legalized blacklisting and boy
cotting in every form. The demand
was made that there should be trial
by jury in contempt cases, thereby
most seriously impairing the authority
OF the courts. All this represented
course of policy which, If carried out,
would mean the enforcement Of class
privilege in it's crudest and most
brutal form and the destruction of
one Of the most essential functions of
the Judiciary in all civilized lands.
The wageworkers, the workingmen,
the laboring men of the country, by the
way in which they repudiated 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 ImperiIed by Judges.
But the extreme reactionaries, the
persons who blind themselves to the
wrongs now and then committed by
the courts on laboring men, should
also think seriously as to what such a
movement as this portends. The
courts are jeoparded primarily by the
action of these federal and state
judges who show inability or unwill- |
ingneSs to Tut stop to the wrong
aoinS of very rich men under modern
Industrial conditions.
There arc certain decisions by va
rious cour,s which have been exceed
ingiy Diet. mental to the ri. ITS of |
wageWorl ers. This Is true of all the |
decisions that decide that men and |
women are by the constitution guar |
lnteed their liberty to contract to |
inter a dangerous occupation, or to |
work an undesirable or improper num-
)er of hours, or to work in unhealthy |
and therefore cannot re-
over damages when manned in that |
and cannot be forbidden
0 work what the legislature decides is
n excessive number of hours. or to
AIRY ca the Wor.. under cG2C:.-ls
which the legislature decides to be ua.
healthy.
There is also, l think, grouni fer
he belief that substantial insusti i.
ften suffered b. employees III colSt.
Iuence OF the custom of courts iS.C
ne temporary injunctions without nc.
ice to them and Furnishing them fer
ontempt Of court in instances where,
IS matter of fact, they have ne
knowledge OF any proceedings. Pro
-ision should be made that no injunc-
ion or temporary restraining order
ssue otherwise than on notice, except
where irreparable injury would other
wise result, and Ia such case a hear
ng on the merits of the order should
e had within a short fixed period, /
nd if not then continued after hear I
ne 1t should forthwith lapse. Deci-
Ions should be rendered immediatcl.
nd the chance Of delay minimized in
very way.
The courts are to be highly COM
lended and stanchly upheld when
hey set their faces against wrong
DING or tyranny by majority, but
hey are to be blamed when they
LII to recognize under government
Ike ours the deliberate judgment of
lie majority as to a matter of legiti-
ate policy when duly expressed by
le legislature. The people should
)t be permitted to pardon evil and
ipshod legislation on the theory that
e court will set 1t right. They should
} taught that the right way to get rid
bad law is to have the legislature
peal Ii and not to have the courts by
genious hair splitting nullify 1t.
People Themselves to Blame.
For many of the shortcomings OF
stice IN our country our people as a 7,
hole are themselves to blame, and the
dyes and juries merely bear their
are together with the public as a
hole. 1t Is discreditable to us as a
ople that there should be difficulty ,
convicting murderers or in bringing