Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1908-12-09
CLASS LEGISLATION

Such proposals as those mentioned above
as advocated by the extreme labor leaders,
contain the vital error of being class lesis-
lation of the most offensive kind, and even
If enacted into law / believe that the law
would rightly be held unconstitutional. More
over, the labor people are themselves now be-
ginning to invoke the use of the power Of
injunction. During the last ten years, and
within my own knowledge, at least fifty in
functions have been obtained by labor unions
in New York city alone most of them being
to protect the union label Ga property right
but some being obtained for other reasons
against employers. The power of injunction
is a great equitable remedy, which should on
no account be destroyed. But safeguards should
be erected against its abuse. l believe that
some such provisions as those 1 advocated q
year ago for checking the abuse of the issu-
ance Of temporary iujunctions should be adopt
ed. In substance, provision should be made
that no injunction or temporary restraining
order issue otherwise than on notice, except
where irreparable injury would otherwise re-
suit; 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, it should forthwith lapse De-
cisions should be rendered Immediately, and
the chance of delay minimized in every way
Moreover, 1 believe that the procedures 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 If it desires examine and iu-
vestlgate the same.
The chief lawmakers in our country may
be, 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 system of social
philosophy; and as such Interpretation is fun
damental they give direction to all law
making. The decisions of the courts on eco
noTnic and social questions depend upon their
economic and social philosophy; and for the
peaceful progress of our people during the
twentieth century we shall owe most 10 those
judges who hold to a twentieth century eco
nomic and Social philosophy and not to long
outgrown philosophy, which was itself the
product of primitive economic conditions OF
course judges views on progressive social
philosophy are entirely second in Importance
to his possession of high and fine character;
which means the possession of such elementary
virtues as honesty, courage and fairminded-
pandsring TO demagogue sentiments or class
hatreds and preiudices, and the judge who
owes either his election or his appointment
to the money or the favor of great corpora
ton, are alike unworthy to sit on the bench,
are alike traitors to the people; and no pro-
fundity of legal learning, or correctness OF
abstract conviction questions of public
policy. can serve as offset to such short
coniings. 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 10 The people.
The Legislators and executives are chosen 70
represent the people In enacting and admin
istering the laws. The judges are not chosen
to represent the people in this sense.