The Utah County Democrat. [volume] (Provo City, Utah) 1898-1909, 1908-12-10

unfeairabla or ifnpropar number o. houra.
or 20 work In unhealthy anrroundinss'
and therefore cannot recover damages
when MANNED IN that occupation, and
cannot be- forbidden 20 work what the
Legislature decides is an excessive num-
ber % hours or 90 carry on the WORK
under conditions which the legislature
decides to be unhealthy occasions
such as those nunlfy the legislative
effort 10 protect the wagc-workers VINO
most need protection from those employ
ora who take advantage OF their grind
ing need. They halt OF hamper the move
ment for securing better and more equl'
table conditions Of labor.
There Il aiso.- think. ground for the
belief that substantial injustice ~ often
suffered by employees IN consequence OF
the custom Of courts Issuing temporary
injunctlons without notice 20 them, and
furnishing them for contempt Of court In
instances where. as a matter OF fact,
they have no knowledge Of any proceed
ings Organized labor II chatting
under the unjust restraint which
comes from repeated resort TO TINS
plan OF procedure. Its discomfort
has been unwisely expressed, and
often Improperly expressed, but there
n sound basis for H. and the or
derry and iaw-ablding people OF com
munity would be In a far stronger posi-
ton for uphoidlng the courts ~ the un-
doubtedy existing abuses could be pro-
vded against
Matters for Thought for Labor.
Such proposals as those mentioned
above as advocated by the extreme labor
leaders, contain the vital error OF being
class legislation Of the Wost offensive
Kind, and even II enacted Into law be-
lieve that the law would rightly be held
Unconstitutional Moreover, the labor
people are themselves now beginning to
Invoke the use Of the power Of iniunc-
ton. During the last ten years, and
within my own knowledge at least nifty
njunctions 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 employ
ers.
Injunction Must Remain.
The power OF Injunction is great
equitable remedy which should on no
account be destroyed. But safeguards
should be erected against Its abuse.
In substance, provision should be made
that no injunction or temporary re-
straining order issue otherwise than on
notice. except where irreparable Injury
would otherwise result; and in such case
hearing on the merits OF the order
should be had within short fixed pc
Rod and II not then continued after
hearing, II should forthwith lapse. De-
cisions should be rendered Immediately,
and the chance OF delay mlnimized In
every way. Moreover ] believe that the
procedure should be sharply defined. and
the Judge required infinitely to state the
particulars both Of his action and OF his
reasons therefor, so that the congress
can II II desires examine and investigate
the same.
For many OF the shortcomings of
justice In our country our people as a
whole are themselves to blame. and the
Judges and 1urics merely bear their
share together with the public as a
whole. IL Is discreditable TO us as a
people that there should be difficulty In
convicting murderers, or in bringing to
justice men who as public servants
have been guilty OF corruption. or who
have prohted by the corruption OF
public servants. The result Is equally
unfortunate. whether due TO hairsplit-
ting technicalities in the Interpretation
OF law by judges. to senumentality and
class consciousness on the part of
jurics. or 10. hysteria and sensational
ism In the daily press. For much of
this failure of justice no responsibility
whatever lies on rich men as such. We
who make up the mass OF the people
cannot shift the responsibility from our
own shoulders. But there Is an impor-
tant part OF the failure watch has spe-
cial.y to do with inability to hold
to proper account men of wealth who
behave badly.
The Modern Corporation.
The huge wealth that has been accu-
INFLATED by a few individuals OF recent
years. in what has amounted to a So
ciai and industrial revolution. has been
as regards some of these individuals
made possible only by the improper use
% - A Ia
type OF modern corporation. with its
officers and agents. its many issues OF
securities. and Its constant consolida-
ton with allied undertakings. finally
becomes an instrument so complex as
to contain greater number OF ele-
ments that under various judicial de-
cisions lend themselves to fraud and
oppression than any device yet evolved
In the human brain. Corporations are
necessary instruments OF modern bust
ness. They have been permitted &c
become menace largely because the
governmental representatives OF tho
| people have worked slowly In provid.
ing for adequate control over them.
our great clusters OF corpora
tions huge trusts and fabulouslS
wealthy muitimillionalres. employ tn,
| very best lawyers they can obtain e
| pick flaws In statutes after theil
| passage: but they also employ a class
| OF secret agents who seek under tn,
advice OF experts. TO render hostil,
legisla Ion innocnous by making II un
constitutional. often through the inser
| ton OF what appear on their face TO b,
| drastic and sweeping provisions aRnins
the interests OF the parties inspirinl
them; while the demagogues. the cor
| rupt creatures who Introduce black
mailing schemes to "strike' corpora
/ lions, aud all who demand extreme
1 nnHaafrallN radical
show themselves to be the worst enc
niles OF the very public whose loud
mouthcd champions they profess to be
Real damage has been done by IN,
manifold and conflicting interpretation
GA the interstate commerce law. Con
troll over the great corporations doins
| Interstate business can be effective onl,
| 10 It Is vested with FUN power in al
administrative department. branch o
the federal executive, carrying out
| federal law; 10 can never be effective I
J q divided responsibility is left In boil
| Tfeststates and the nation; Il can neve
be effective " left In the hands OF IN
4 courts TO be decided by lawsuits.
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The courts hold a place OF peculiar an
deserved sancuty under our form Of gov
ernmont Respect for the law Is essen
tiaf 10 the pcrmancnce OF our institu
lions. and respect for the law Il largel
conditioned upon respect for the courts
II Is an offcnso against the republic [
say anything which can weaken this re
spect save for the gravest reason and q
the most carefully guarded manner IN n
other nation In the world do the court
WELD such vast and far-reaching powe
as In the United States. All that Us nee
essary Is that the courts as n Who'll
SHOULD exercise this power with the fan
aigl led wisdom already shown By thos
Judges who scan the future whi!e the
act In the present. Let them eNercis
this great power not only honestly an
| hrnNalN. hnI with ,Nlan lnalnhi inin IN