The Montgomery advertiser., 1908-12-09

would have been an infringement uson liberty half century ago may be the What would have been an injury 70 property then may be necessary to the enjoyment of property now. Every one. an Se intsrpretatioa S3yss of tEs w0 law the other. the understanding of the facts to which 1t Is to be applied. The | believe alive to thess chansss y of conditions which so materially affect the perfornnance of their judicial du- efssetiSe at u core iem syS if rsmSins sShna ana ana must ever be maintained, as the safe guard of those principles of liberty and justice which stand at the founda- Burke finely said, when liberty and Justice are separated. neither is safe. There are however, some members behind in their understanding of these great and vital changes In the body polite. whose minds have never been old principles made necessary by the new conditions. Judges of this stamp do lasting harm by their decisions. be- of protection that the courts of tho out of sympathy with their needs. and Rng propossd Tsmsdy TS % .ncs ess men is seems 2 cruel mockery to have any court decide against them on the
 that 1t dssrss s9 for s withholding liberty in any real and constrpctiye sense. It is desirable that the legislative body should pos else. the power to determine whether in a given case employers and em- ployes are not on an equal footing. so pei them to submit to such exactions as to hours and eopditions of labor deterfninatIon Is upset on the ground that there must be no "tnterference with the liberty tS SontrASt":-oftsn . else of which Is ths legation of real
 There are certain dseislons by vari- Hss sy c0Sss wsSh ss' h: Ss'P rss
 tat decide s Gn men % sna sSs
 e thsE nSsfty ss fo soSsrs to enter dangerous occupation. or to work an undesirable or improper mum Der of hours. or to work in unhealthy recover damages when mained in that occupation, and can not be for id,ii.,n. Siddsn to . york what the Leg. number of hours. or to carry on the ] work under conditions which the Jeg- tslature decides to be unhealthy The | the poorest paid and those who go into | them are driven by necessity so great l that they have practically no alterna- tive. Decisions such as those alluded | to above nulllfy the legislative eeIort to protect the wage-workerB who most need protection from those employers who take advantage Of their grinding need. They halt or hamper the mcve- ment for securing better and more l equitable conditions of lRbor. The talk apout preserving to the misery hunted beings who meke contracts for such servine their liberty" to make them. is either to speak in a spirit of heartless irony or else to show an ut ter lack of Knowledge Of the condi- tlons of life among the great masses of eur fellow w-eountryinen, q lack which units Judge to do good service just as it would unlt any executive or leg islattve officer.
 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 intunctions without no- ttee to them. and punishing them for eontempt oi court m instanees where, Knowledge of any proceedings. Out. side of organized labor there Is . widespread feeling that tbis system l workers when their alforts to, better their working condition result in in- dustrial disputes. A temporary in. junction procured ex partS may as . permanent injunction in causing dis aster to the ,wageworkers' side ih such dispute. Organized labor ia chaang under the unjust restraint which comes rom repeated resort to this plan of procedure. Its dfscontent has been un- wisely expressed. aud often improperly expressed. but there Is sound basis people of "a community would be in ! far stronger position for upholding the courts if the undoubtedly existing abuses could be provided against.
 above as advocated by the extreme .ia- bor leaders, contain the vital error of being class legislation of the most of- fensive kind and even if enacted into law believe that the law would right | ly be held unconstitutional. Moreover, | the labor people are themselves now beginning to invoke the use of the power of injunction. During the last edge, at. least fifty injunetions have been obtained by labor unions in New York City alone. most of them being to PrS,tsses. S,st.. the ; union iIbsI "a pEops; for other reasons against employers. The power of injunction is . great equitable remedy, which should on no account be destroyed. But safeguards should be erected against It's abuse. I believe that some such provisions as those l advocated year ago for checking the abuse of the Issuance of temporary injunctions should be adopt ed. In substance, provision should be made that no injunction or temporary restraining order issue otherwise than on notice. except where irreparable in- jury would otherwise result; and in such case hearing on tho merits of the order should be had within a short fixed period, and. if not then continued after hearing. 1t should forthwith lapse. Decisions should be rendered immediately, and the chance of delay believe that the procedure should be sharply defined. and the judge required minute1y to state the particulars both of his action and of his reasons there for, so that the Congress can if tt de- slres. examine and investigate the same.
 The chief lawmakers in our country cause they are the final seat of au- thority. Every time they interpret contract, property, vested rights. due process of law. liberty, they neeessar- fly enact into law parts of Q system of social phflosophyi and as such in- depreciation is fundamental. they give direction to all law-making The de- social questions depend upon their eco- nomic and social philosophy; and tor the peacefui progress of our people during the twentieth century we shall owe most of tf ose judges who hold Go twentieth century economic and so- cial philosophy and not to c long out grown philosophy, which was itself the tions. Of course a judges views on progressive social philosophy are en- tirely second in importance to his pos- session of a high ard fine character;