The morning journal-courier., 1908-12-09

llBnt), but some being obtained TOT other reasons against employers, The power of Injunction is a great equitable remedy which should on no account be destroyed. But safeguards should be erected against its abuse believe that some such provisions as those l advocated year ago for checking the abuse of the issuance of temporary injunctIous should De adopted In sub- stance, provision should be made that mo injunction or temporary restraining order issue otherwise than on notice, except where lrreparable Injury would otherwise result and In such case a hearing on the merits of the order should be had within a short fixed pe- Nod, and, lf not then continued after hearing, 1t should forthwith lapse De- clsIons should bo rendered immediately, and the chance of delay mnmized in every way Moreover, I believe that the procedure should be sharply defn- ed, and the judge required mnutely to state the particulars both of his action and of his reasons therefor, so that tho congress can if 1t desires examine and investigate the same,
 The chief lawmakers in our country may be, and often arc, the judges, be- cause they are the final seat of author ity Every time they interpret con- tract, property vested rights, due pro- cess of law, liberty, they necessarily enact into law parts of system of so- cial philosophy; and as such interpre- tatlon is fundamental they give direc- ton to all law-making The decisions of the courts on economic and social questions depend upon their economic and social philosophy, and for the peaceful progress of our people during the twentieth century we shall owe most to those judges who hold to a twentieth century economic and social philosophy and not to a long outgrown philosophy which was itself the pro duet of primitive economic conditions Of course a iudge's views on progress slye social philosophy are entirely sec ond in importance to his possession of q high and fine character: which means the possession of such elementary vlr- tues az honesty courage, and fairmnd- edness The judge who owes his cleo ton to panderlng to demagogic senti- mcnts or class hatrcds and prejudices and the judge who owes either his cleo ton or his appointment 10 the money or tho favor of a great corporation, arc allko unworthy to slt on the bench, arc alike traitors to the people; and nc profundity of legal learning, or cor rcctncss of abstract conviction on ques. tons of public policy, can serve as an offset to such shortcomings But lt Is also true that judges like executives and legislators should hold sound view on the questions of public policy which are of vital interest to the people.
 Tho legislators and executives ar, chosen to represent the people in en' acting and administering the laws. Tho judges arc not chosen to represent tht people in this sense. Their function l' to interpret the laws. The Legislators are responsible fer tho laws; the judges for the spirit In which they lnterpre and enforce the laws We stand aloo from tho reckless agltators who woult make the judges mere pliant tools O popular prejudice and passion: and WI stand aloof from those equally unwist partisans Of reaction and privilege wh' deny the proposition that, inasmuch a' judges are chosen to serve the interests of the whole people. they should striv, to find out what those interests are and SO far as they consclentiously can should strive to give effect to popula conviction when deliberately and dul! expressed by the lawmaking body. Tn courts are to be highly commended ant staunchly upheld when they set thei | faces against wrongdoing or tyrann! by majority; hut they are to h' blamed when they fall to recognize un der government like ours the deliher ate Judgment of the majority as to matter of legitimate policy, when dul! expressed by the legislature. Sucl lawfully expressed and deliberate judg ment should be given effect by tn courts save in the extreme and excep
  clear violation of constitutional pro vision Anything like frlvolity or wan | tonness in upsettlng such clearly takel governmental action is a grave offens, against the republic. To protest agans tyranny, to protect minorities from op presslon to nulllfy an act committee in spasm of popular fury, is to ren der a service to the republic. But fo the courts to arrogate to themseve l functions which properly belong to tn legislative bodies Is all wrong, and Il the end works mischief. The peopl should not be permitted to pardon evl and slipshod legislation on the theor l that the court will set it right: the should he taught that the right way {, go rid of a bad law Is have the legis lature repeal it, and not to have tn courts by ingenious hairsplitting null | lify It. A law may be unwise and i'm proper; but 1t should not for these req sons be declared unconstitutional b q strained Interpretation, for the resul of such action Is to take away fror l sponslblity and ultimately to destro
 their capacity for orderly self restrain and self government. Under such
 popular government as ours, founde
 on the theory that in the long run tn will of the people Is supreme, the uti mate safety of the nation can only res in training and guiding the people 8 that what they will shall be right, an
 not in devlsing means to defeat thei
 will by the technlcalitles of straine construction.
 For many of the shortcomings of Jus tlco in our country our people as
 whole are themselves to blame, an
 the judges and jures merely bear the' share together with the public as
 whole It is dlscredltable to us as
 people that there should be difficulty convicting murderers, or in bringing { Justice men who as public servant | have bpen guilty of cOrruption, or Wh