Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1908-12-11
REFORM OF The COURTS.
Not Possible When Judiciary Is
Attacked Indiscriminately.


At the last election certain leaders
of organized labor made a violent and
sweeping attack upon the entire Ju-
dietary Of the country, an attack
couched in such terms as to include
the most upright, honest and broad
minded judges no less than those of
narrower mind and more restricted
outlook. 1t was the kind of attack ad-
mirably fitted to prevent any success
full attempt to reform abuses Of the
judiciary, because it gave the cham
pions Of the unjust judge their eagerly
desired opportunity TO shift their
ground into a championship Of just
judges who were unjustly assailed.
Last year before the house committee
ON the judiciary these same labor lead
ers formulated their demands, specify
ing the bill that contained them, re-
fusing all compromise, stating they
wished the principle of that bill or
nothing. They insisted on provision
that in labor dispute no injunction
should issue except TO protect prop
erty right and specifically provided
that the right to carry ON business
should not De construed as property
right, and in a second provision their
bill made legal in Il labor dispute any
act or agreement by or between two
or more persons that would not have
been unlawful if done by single per-
son. In other words, this bill legal
lied blacklisting and boycotting in ev-
cry form, legalizing, for instance, those
forms of the secondary boycott which
the anthracite coal strike commission
so unreservedly condemned, While the
right TO carry on a business was ex-
plicitly taken out from under that pro
lection which the law throws over
property. The demand was made that
there should be trial by jury in con-
tempt cases, thereby most seriously i'm
pairing the authority of the courts.
All this represented u course Of policy
which. if carried out, would mean the
enforcement of class privilege in
its crudest and most brutal form and
the destruction Of one Of the most es-
sential functions of the Judiciary in all
civilized lands.
The violence of the crusade for this
legislation and its complete failure il
lustrate two truths which it is essen 1
tial our people should learn. In the
first place, they ought to teach the
workingman, the laborer, the wage
worker. that by demanding what is
improper and impossible he plays into
the hands of his foes. Such a crude
and vicious attack upon the courts,
even if it were temporarily successful,
would inevitably in the end cause a .
violent reaction and would band the
great mass of citizens together. forcing
them TO stand by all the judges, COM
Detent and incompetent alike, rather
than to see the wheels of justice
stopped. A movement of this kind can
ultimately result in nothing but dam
age to those in whose behalf it is
undertaken. This is a
most healthy truth, which 1t is wise
'or all our people 10 learn. Any move
nent based on that class hatred which
1t times assumes the name of 'class
is certain ultimately TO
'ail and, If 1t temporarily succeeds, TO
10 farreaching damage. Glass con-
where It is merely another
name for the odious vice of class
elfishness is equally noxious whether
n an employers association or In a
association. The move
nent In question was one In which
he appeal was made TO all workingmen
o vote primarily not as American citi-
ems. but as individuals Of certain
lass in society. Such an appeal, in
be first place. revolts the more high
minded and farsighted among the per
ons TO whom il is addressed and, in
he second place. tends TO arouse a
trong antagonism among all other
lasses of citizens whom it therefore
ends TO unite against the very organ
zation ON whose behalf it is issued.
he result is therefore unfortunate
rom every standpoint. This healthy .
ruth by the way. viii be learned by |,
be Socialists if they ever succeed in
in this country an impor-
ant national party based on such r
lass consciousness and selfish class In t
crest r