New-York tribune., 1908-12-09
AGO PAID RICH REVENUE

The violence Of the crusade for this les1sla-
tiOn, and its complete failure. iHustrate. t"O
truths which it is essential our people Should
learn. In the first place. they ought 10 teach the
workingman. the iaborer, the wage worker, taat
by demanding what is improper ana lhposSLoie
he plays into the hands OF his foes- SucH d
crude and vicious attack upon the courts. even
if it were temporarily successful, would lneVlta
bly, in the end cause violent reaction ana Woulu
band the great mass of citizens together, forcing
them to stand by all the judges. competent ana
Incompetent alike, rather than TO see the WneeIs
of Justice stopped A movement OF this hlnd
can ultimately result in nothing but damage 70
those in whose behalf it is nominaliy under
taken. This is a most healthy truth. which II
is wise for all our people to learn. Any move
ment based on that class hatred which at times
assumes the name of class consciousness IS
certain ultimately to fail and. If 1t temporarlly
succeeds to do far-reaching damage. 'tlass
consciousness" where it is merely another name
for the odiOus vice Of class sehshneSS IS t4uaiIS
noxious whether in an employers association or
IN a WOrkingman's association The movement
in question was one in which the appeal vas
m ado tO all U-OrLfDgT7er to vote primarily. not
as American citizens. but as individuals OF a
certain class in society. Such an appeal In the
sighted among the persons to whom II Is ad-
dressed. and. in the second place tends 70 arouse
a strong antagonism among all other classes OF
citizens, whom II therefore tendS 20 uHlJs
against the very organization on whose nehaII
it is issued The result is therefore, unfortunate
from every standpoint. This healthy truIn' DN
the way will be learned by the socialists If they
ever succeed in establishing in this country an
important national party based on such class
consciousness and selfish class interest
The vaSeWorkers the worlIngmen the Ia
boring men of the country by the way IN which
they repudiated the effort to get them TO cast
their votes in response to an appeal TO ciass
hatred have emphasized their sound patriot
ism and Amertcanisn1 The whole country mas
to feel pride IN this attitude or sturdy III
dependence, in this unCOmpTomlSlng lnslStehce
upon acting simply as good citizens, as good
Americans. without regard to fancled-and I'M
proper-CIass interests. Such an attitude IS
an object lesson in good citizenship TO the en-
tire nation.
But me 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 Judges VINO
have shown themselves able and willing eneC-
lively check the dishonest activity of the
very rich man who works lnlquIty by the mis-
management of corporations. who have shown
themselves alert to do Justice 10 the wage
worker and sympathetic with the needs OF the
mass of our people. so that the dweller in the
tenement houses the man who PTaCtises dan
crarous trade the man who is crushed by exces-
sive hours of labor. feel that their needs
understood by the CouTts-these judges are the
real bulWark of the courts: these judges the
Judges Of the stamp of the President-elect.
VINO have been fearless IN opposing labor when
il has gone wrong, but fearless also in holding
to strict account corporations that work in
EQUITY and farsighted in seeing that the work
ngman gets his rights. are the men Of all
others whom il that the appeal
for such violent and mistaken legislation has
fallen deaf ears. that the agitation for its
uasSa ge proved to he without substantial basis.
The courts are jeOpardized primarily by the ac-
show inability UnWilltngness to put a stop
to the wrOngdong of very rich men under
modern industrial conditions. and inability
unWillingness TO give relief 10 men OF small
means or wagewOrkers who a-e crushed down
by these modern industrial conditions; who. in
other words, fail to understand and apply the
needed remedies for the new wrongs produced
by the new and highly complex social and in
dustrial civilization which has grown up in the
last half century
The rapid changes in our social and indus
trial life which have attended this rapid growth
-, 1-Fvr-
concrete cases the great rule of right laid down
in our Constitution, there should be a full IN
derstanding and appreciation of the new con-
dt1OuS 10 which the rules are TO be applied
What would have been infringement upon
liberty half century ago may be the neCas-
sary safeguard of liberty to-day What would
have been an injury to property then may be
necessary the enjoyment of property now
Every judicial decision involves two terms-One
an Interpretation of the law: the other the
understanding OF the facts 10 which il is to he
applied. The great mass OF our judicial officers
are I believe. alive 70 these changes of con-
dtions which 80 materially affect the perform
ance of their judicial duties. Our judicial svs-
tenn is sound and effective AT core and il re-
mains. and must ever be maintained, the
safeguard Of those principles Of liberty and
Justice which stand at the foundation of Am
erican institutions: for. as Burke finely said
when liberty and Justice are separated neither
is safe. There are. however. some members Of
the judicial body who have Jagged behind in
their understanding of these great vital changes
in the body nohtlc, whose minds have never
been opened to the new applications Of the old
principles made necessary by the CODdi-
tions. Judges Of this stamp do lasting harm
hN their decisions. because they convince poor
men in need Of protection that the. courts of the
land profoundly ignorant OF and out NJ
sympathy with their needs and profoundly in
different hostile 70 any proposed remedy
To such men it seems a cruel moCkerv to have
any court decide against them on the ground
that 1t desires to preserve liberty IN purely
technical form by withholding liberty in any
real and constructive sense. 1t ls desira bIe
that the legislative body should possess and
wherever necessary exercise the power 60 de-
terminc whether in q given case employers and
employees not equal footing So that
the necessities Of the latter compel them to
submit to such eNactinuS to hours and con
ditionS Of labor upduly To tax their strength.
and only mischief can result when such deter
mination Is unset the ground that there
must be interference with tn" liberty 70
Contract''-ofteu a merely academic liberty
the exercise OF which Is the neEation of real
liberty
There certain decisions by various courts
which have been exceedingly detrimental TO m
rights Of WaSeVOrkerS. This l. true of all IN,
decisions that decide that men and women are
by the Constitution guaranteed their liberty.
to contract to enter q dangerous OCcuDatiop Or
to work an undesirable improper rt1rnhar -
hours 20 work in unhealthy stlrroundfpss
and therefore can not recover DAMAGES ~,
manned in that occupation. and can not he TO-
bidden to work what the Legislature decidaz
Is excessive number of hours or ~ ra~r,-
the work under conditions which the 1agis1a
ture decides 70 he unhea4thv The most 49,
eerous occupations are often the noorast ,si5
and those where the hours of work a-e lor1~st .
and IN many cases those who go into them are