Arizona republican., 1908-12-09

SplrlC or nedrtleSS irony or else to
 show an utter lack of Knowledge of
 the conditions of life among the great masses of our fellow country
 men, a lack which units judge to
 do good service just as it would unfit
 any executive or legislative officer. Temporary Injunctions.
 There is also, I think, ground for
 the belief that substantial injustice
 is often suffered by employees in consequence of the custom of courts
 issuing temporary injunctiOns with
 out notice to them, and punishing
 them for contempt of court in in
 stances where. as a matter of fact,
 they have no Knowledge of any pro-
 ceedings. Outside of organized labor there is a widespread feeling that
 this system often works great inius-
 tice to wage workers when their ef- forts to better their Working eondi- tion results in industrial disputes. A temporary injunction procured ex
 parte may as a matter of fact have
 all the effect of a permanent in ! junction in causing disaster to the
 wage workers side in such a dispute.
 Organized labor is chafing under the unjust restraint which comes from
 repeated resort to this plan of pro-
 cedure. Its discontent has been un-
 wisely expressed, and often improp- erly expressed. but there is a sound basis for it, and the orderly and | law abiding people of a community
 would be in a far stronger position for uphOlding the courts if the un- | doubtedly existing abuses could be | provided against.
 Such proposals as those mentioned above as advocated by the extreme 1 labor leaders, contain the vital error of being class legislation of the most ] offensive kind, and even if enacted | into law I believe that the law would rightly be held unconstitutional Moreover, the labor people are them selves now beginning to invoke the use~ of the power of injunction Dur ing the last ten years, and within my own knowledge, at least fifty in ljunctiOns have been obtained by la | bOr unions in New York City alone. most of them being to protect the union label Ca property right'D, but some being obtained for other reas- ons against employers. The power of injunction is a great equitable remedy. which should on no account be destroyed But safeguards should be erected against it's abuse I be- lieve that some such provisions as those I advocated a year ago for checking the abuse of the issuance of temporary injunctions should be adopted. In substance, provision should be made that no injunction or temporary restraining order issue otherwise than on notice except where irreparabIe injury would oth- erwise result; and in such case a hearing on the merits of the order should be had within a short fixed period, and. if not then continued after hearing, it should forthwith lapse. Decisions 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 re- quired minutely to state the particu- lars both of his action and of his reasons therefor. so that the con gress can if it desires examine and investigate the same
 The Courts as Lawmakers.
 The chief lawmakers in our coun- try 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 necessa- rily enact into a law parts of a sys- tenn of social philosophy; and as such interpretation is fundamental. they give direction to all lawmaking. The decisions of the courts on eco homie and social questions depend nd losophy; and for the peaceful pro gress of our people during the twen- tieth century We shall owe most to those judges who hold to a twentieth century economic and social philos- Ophy and not to a long outgrown philosophy, which was itself the pro- duct of primitive economic cOndi- tions. Of course a judges views on progressive social philosophy are en- tirely second in importance to his possession of a high and fine char acter; which means the possession of such elementary virtues as hon. esty. courage and fair mindedness. The judge who owes his election to pandering to demsgOgic sentiments or class hatreds and prejudices. and the judge who owes either his cleo tion or his appointment to the money or the favor of a great corporation. are alike unworthy to sit on the bench, are alike traitors to the peO- pie; and no profundity of public ipolicy, 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.
 The legislators and executives are chosen to represent the people in en- acting and administering laws The judges are not chosen to represent the people in this sense. Their func- tiOn is to interpret the laws. The legislators are responsible for the laws; the judges for the spirit in which they interpret and enforce the laws. We stand alOof from the reck- less agitatOrs who would make the judges mere pliant tools of popular prejudice and passion; and we stand aloOf from those equally unwise par tisans of reaction and privilege who deny the proposition that. inasmuch as judges are chosen to serve the in terests of the whole people. they ShOuId strive tO find mt what tbOsa