The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1908-12-08

| SELVES HOW DeBluulnS 10 invoke the
use of the power of injunction. Dur
ing the last ten years, and within
my own knowledge, at least fifty in
Functions have been obtained by la
Dor 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 in
junction is a great equitable remedy,
which should on no account be des-
troyed. But safeguards should be
erected against its abuse. l believe
that some such provisions as those
/ 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 res
training order issue otherwise than on
notice, except where irreparable in
! jury would otherwise 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 continu-
ed after hearing, it should forthwith
lapse. Decisions should be rendered
Immediately, and the chance of delay
minimized in every way. Moreover,
| l believe that the procedure should
be sharply defined. and the judge re-
quired infinitely to state the particu
lars both of his action and of his rea-
sons therefor so that the Congress
can if it desires examine and inves-
tigate the same.
The chief lawmakers in our country
may be, and often are, the judges,
because they are the final seat of au-
thority. Every time they interpret
contract, property, vested rights, due
process of law, liberty, they necessari-
ly enact into law parts of a system
of social philosophy and as such in
depreciation is fundamental they give
direction to all law-making. The de-
cisions 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
hold to a twentieth century economic
and social philosophy and not to a
long outgrown philosophy, which was
itself the product of primitive econo-
mic conditions OF course a judges
views on progressive social philoso-
ply are entirely second in importance
to his possession of a high and fine |
character; which means the possession
of such elementary virtues as honesty, |
courage, and fairmindedness. The |
judge who owes his election to pam
dering 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 |
to sit on the bench, are
alike traitors to the people; and no
of legal learning, or cor
rectness or 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 legislators, should hold |
sound views on the questions of pub
lie 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 repre-
sent the people in this sense Their
function 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 plant tools of popular
prejudice and passion and we stand
aloof from those equally unwise parti-
sans of reaction and privilege who
deny the proposition that, inasmuch
as judges are chosen to serve the in
terests of the whole people, they
should strive to find out what those
interests are, and, so far as they con-
can, should strive to give
effect to popular conviction when deli
Derately and duly expressed by the
awmaking body. The courts are to {
be highly commended and staunchly
upheld when they set their faces
against wrongdoing or tyranny by
but they are to be blamed
when they fail to recognize under a
government like ours the deliberate
Judgment of the majority as to a mat
-er of legitimate policy when duly {
by the legislature. Such ;
awfully expressed and deliberate
Judgment should be given effect by !
he courts, save in the extreme and ]
cases where there has ;
been clear violation of constitu- =
.ional provision. Anything like fri
volity or wantonness in upsetting such
clearly taken governmental action is
grave offense against the Republic. !
70 protest against tyranny to pro- I
ect minorities from oppression, to