The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1908-12-11


f, vision their bill made legs.l IN a labo
dispute any act or agreement oy 0
between two or more persons ia
, would not have been unlawful II N
By a single person In other words
this bin legalized blackllsting and boy
eOtting In every form. The demand
was made that there should be trla
by jury in contempt cases. thereby
most seriously impairing the authority
Of the courts. All this represented :
course ~ policy which. II carried out
would mean the enforcement Of elias:
privilege In its crudest and mos
brutal form and the destruction OF
one of the most essential functions OF
the judiciary in all civilized lands. Z
The wagewOrkers. the wOrkingmen
the labOring men Of the country, by the
way in which they repudiated the eff
fort TO get them to cast their votes in
response to an appeal to class hatred
have emphasized their sound patriotism
and Amerir aaism
Courts ImpsriIed by Judges.
But the extreme reactiunaries. the
persons who blind themselves to the
wrongs now and then committed by
the courts on laboriug men. should
also think seriously as to what such a
movement as this portends. The
courts are jeoparded primarily by the
/ acti0n Of these federal and state
/ judges who show inability or unwill-
ingness to put a stop. to the wrong
doing of very rich men under modern
Industrial conditions.
! There are certain decisions by va
rious courts which have been exceed
ingly detrimental to the rights of
wageworkers This IS true Of all the
decisions that decide that men and
! women are. by the constitution guar
anteed their liberty to contract to
enter dangerous occupation, or to
work an undesirable or improper num-
Der Of hours, or TO work in unhealthy
surroundings, and therefore cannot re-
cover damages when manned in that
occupation and cannot be forbidden
TO work what the legislature decides is
an excessive number of hours, or TO
carry on the work under conditions
which the Legislature decides to be un
healthy.
There is also. think. ground for
the belief that substantial injustice is
often suffered by employees in conse-
quence of the custom of courts issu-
ing temporary injunctions without no
tice to them and Furnishing them for
contempt Of court IN instances where, |
as a matter of fact, they have no |
knowledge Of any proceedings. 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 a 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.
The courts are to be highly COM
mended and stanchly upheld when
they set their faces against wrong I
doing or tyranny by majority, but
they are to be blamed when they |
fail to recognize under a government {
ike ours the deliberate Judgment of 6
he majority as to matter of legiti- 8
nate policy when duly expressed by {
he legislature. The people should d
lot be permitted to pardon evil and
lipshod legislation on the theory that q
he court will set it right They should o
,e taught that the right way to get rid 9
+ bad law is to have the legislature n
epeal it and not to have the courts by r
Ingenious hair splitting nullify 1t. h
People Themselves to Blame. n
For man. of she shortcomings OF o
uStice IN our country our people as a
yhole are themselves to blame;and the rs
ldges and juries merely bear their n
hare together with the public as n
hole. 1t is discredItable to us as "A n
eople that there should be difficulty d
/ convlcting murderers or in bringing p
} justice men who as public servants is
ave been guilty Of corruption or who II
ave profited by the corruption of pub Il
G servants. &c
The huge wealth that has been &C VI
by few individuals of re pl
mt years, In what has amounted to W
social and Industrial revolution, has 10
zen as regards some Of these individ
Ills made possible only by the imprOp-
use of the modern corporation. Cor ia
,rations are necessary instruments Of CO
odern business. They have been per 70
lifted to become a menace largely be- pa
use the governmental representatives tn
the people have worked slowly in pa
DIVIDING for adequate control over
EN-.
Real damage has been done by the 80,
anifold and conflicting interpreta- M,
ms of the Interstate commerce law.
,ntrol over the great corporations do
g Interstate business can be effective
lly IL 1t is vested with full power I'm ~
administrative department. branch u
the federal executive. carrying out TN
federal law. II can never be ef- cr'