Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1908-12-09
Republican Policies Strongly Urged by HIS Message

liberty and Justice which stand at the founda-
ton Of American institutions; for. as Burke
finely said, when liberty and Justice are
separated, neither Is safe There are now
ever. some members of the judicial body who
have Jagged behind in their understanding Of
these great and vital changes in the body
polite whose minds have never been opened
to the now applications of the old principles
made necessary by the new conditions Judges
OF this stamp do lasting harm by their de-
csions. because they convince poor men in
need of protection that the courts Of the land
are profoundly ignorant Of and out OF sym
pathy with their needs and profoundly IN
different or hostile to any proposed reneuy.
To such men 1t seems a cruel mockery TO nave
any court decide against them on the ground
that 1t desires to preserve liberty IN 1
purely technical FORM by Withholding liberty
in any real and constructive sense. 1t IS de-
sirable that the legislative body should possess
and wherever necessary exercise, the power 70
determine whether in given case employers
and employees not on an equal footing, so
that the necessities of the latter compel them
to submit to such exactions as to hours ana
conditions of labor ass unduly to tax their
strength; and only mischief can result when
such determination is upset on the ground that
there must be no Interference with the
liberty to contradiction a merely academic
liberty" the exercise of which is the mega
ton of real liberty.
There are certain decisions by various courts
which have been exceedingly detrimental 10
the rights of wageworkers. This is true of all
the decisions that decide that men and women
are by the constitution, guaranteed their
liberty" to contract to enter dangerous oc-
cupation, to work an undesirable or i'm
proper number of hours, or to work IN I'M
healthy surroundings; and therefore cannot
recover damages when MANNED in that occu-
patton, and cannot be forbidden TO work what
the legislature decides is an excessive number
of hours or to carry on the work under con-
dtions which the legislature decides TO be
unhealthy The most dangerous occupations
are often the poorest paid and those where the
hours of work are longest; and in many cases
those who go into them are driven by neceS-
sity so great that they have practically no
alternative. Decisions such as those alluded
to above nullify the legislative effort to pro-
tect the wageworkers who most need protec-
ton from those employers who take advantage
OF their grinding need. Ihey matt or hamper
the movement for securing better and more
equitable conditions of labor. The talk about
preserving to the misery-hunted beings VINO
make contracts for such service their liberty
to make them, is either to speak in a spirit
of heartless irony else to show an utter
lack of knowledge Of the conditions OF life
among the great masses of our fellow coun-
trymen, a lack which units judge TO DO gooc
service just as 1t would unfit any executive
or legislative officer.
There is also, l think, ground for the belief
that substantial injustice is often suffered
by employees in consequence of the custom Of
courts issuing temporary injunctions without
notice to them, and Furnishing them for con
tempt of court in instances where as mat
ter of fact, they have no knowledge of any
proceedings. Outside of organized labor there
is widespread feeling that this system often
works great injustice to wageworkers when
their efforts to better their working condition
result in Industrial disputes. A temporary in
junction procured ex parte may as matter
of fact have all the effect of a permanent
Injunction in causing disaster to the wage
workers side in such dispute. Organized
labor is chahng under the unjust restraint
which comes from repeated resort to this plan
of procedure. Its discomfort. has been I'M
wisely expressed, and often improperly ex-
pressed, but there is sound basis for II,
and the orderly and law-abidng people OF
community would be in far stronger position
for unfolding the courts If the undoubtedly
existing abuses could be provided against.