The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1908-12-08


guence of the custom of courts issu-
ing temporary injunctions without no
lice to them and Furnishing them for
contempt of court in instances where,
IS a matter of fact, they have no
knowledge of any proceedings. Out
side of organized labor there Is wide
spread feeling that this system often
works great injustice to wageworkers
when their efforts to better their work
ing condition result in industrial dis
putes. A temporary injunction pro-
eured ex parte may, as matter OF
fact, have all the effect Of perma-
nent injunction in causing disaster to
the wageworkers' side in such dis
pute. Organized labor is chafing I'M
der the unjust restraint which comes
from repeated resort to this plan OF
procedure. It's discomfort has been I'M
wisely expressed and often improper
ly expressed, but there is sound
basis for 1T, and the orderly and law
abiding people of a community would
be In far stronger position for up
holding the courts If the undoubtedly
existing abuses could be provided
against.
Such proposals as those mentioned
above as advocated by the extreme
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. More
over, the labor people are themselves
now beginning to invoke the use OF
the power of Injunction. During the
last ten years, and within my own
knowledge, at least fifty injunctions
have been obtained by labor unions in
New York city alone, most of them
being to protect the union label "a
property right"), but some being OBJ
tanned for other reasons against en-
pIoyers The power of injunction is
a great equitable remedy which should
OH no account be destroyed. But safe
guards should be erected against its
abuse. / believe that some such pro-
visions as those l advocated year
ago for checking the abuse of the
issuance of temporary injunctions
should be adopted. In substance, pro-
vision should be made that no injunc-
ton or temporary restraining order
issue otherwise than on notice. except
where irreparable injury would other
wise result, and in such case a hear
Ing on the merits of the order should
be had within short fixed period.
and If not then continued after hear
Ing 1t should forthwith lapse. Deci-
sions should be rendered Immediately
and the chance of delay minimized in
every way. Moreover / believe that
the procedure should be sharply de-
fined and the judge required infinitely
to state the particulars both of his
action and of his reasons therefor. so
that the congress can, Ii it desires, ex-
anime and investigate the same.
The chief lawmakers of our country
may be and often are the judges, be-
cause they are the final seat of au-
thority. Every time they interpret con-
tract, property. vested rights, due
process of law, liberty, they necessarily
eract into law parts of a system OF
social philosophy, and, as such inter-
probation is fundamental they give
direction to all lawmaking. The de-
cisians of the courts on economic and
social questions depend upon their
economic and social philosophy, and
for the peaceful progress of our peo-
PIE during the twentieth century we
shah owe most to those judges who
holl to 4 twentieth century economic
and social philosophy and not to a
long outgrown philosor'~ which was
itself the product of pri ..Nive eeonom-
ic conditions OF course judges
views on progressive social philosophy
are entirely second in Importance to
his possession of high and fine char
acter, which means the possession of
such elementary virtues as honesty,
courage ard fair inindedness. The
judge who owes his election to pander-
ing to demagogic sentiments or class
hatreds and prejudices and the judge
who owes either his election or his
appointment to the money or the favor
of a great corporation are alike I'M
worthy to sit on the bench, are alike
traitors to the people, and no pro-
fundity Of legal learning or correctness
of abstract conviction on questions OF
public policy can serve as an offset to
such shortcomings. But it is also true
that judges. like executives and legis
lators, 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 the laws
The judges are not chosen to represent
the people in this sense. Their func
ton is to interpret the laws. The legis
lators are responsible for the laws, tn,
judges for the spirit in which they in
terpret and enforce the laws. w,
stand aloof from the reckless agitator.
who would make the judges mere phi
ant tools of popular prejudice and pas
sion. and we stand aloof from thos.
equally unwise partisans of reaction
and privilege who deny the PROPOSE
ton that. inasmuch as judges are chosen
to serve the interests of the whole PEG
pie, they should strive to find out wha
those interests are and. so far as the,
conscientiously can, should strive Il
give effect to popular conviction whel
deliberately and duly expressed by tn
iawmaking body. The courts are to b.
highly commended and stanchly up
held when they set their faces agains
wrongdoing or tyranny by a majority
but they are to be blamed when the,
fail to recognize under government
like ours the deliberate Judgment O