Missouri Valley times. [volume] (Missouri Valley, Iowa) 1874-1931, 1908-12-10
Of the unjust Judge their eagerly desired

81 the unjust Judge their eagerly desired
opportunity to shift Their ground into a
ramp ionship. OF Just Judges who were
house committee on The Judiciary these
s'tn" labor leaders fornitlnica their de-
, naan,s' speciiying the bllathat contained
liltHn. refusing; all COMPROMISE. stating
nothing. They insisted Oh a provision
ei,tt m labor dispute no Injunction
! should issue except 10 rrrotcc. q property
4 tisiii and specifically provided that tho
TEN, a.il, 10 larry on business siiould not be
s .'.S,,s, as property rlghs, and in a
4 labor dispute any acf or agreement bv
: Or between TWO or more persons thar
@o' ,l,,, nor have been unlawful II done by
= single person In other words. this bill
lcsaiized blacldisting and boyco.ting Ia
sEerv FORM lcealiziiie, fog Instance. those
forms of secondary boycott which no
anthracite coal strike commission so nm
r"serEedlN condcmned: while the right 10
carry an n business was e, pllcttly taken
~" throws over properly The demand
was made tia: there should be trial by
Jur} ~ contempt cases, thereby most
courts All this represcnted a course 81
policy which if carried out would mean
n. snthro.'e tnenf or class privilege in its
crud"st and mos. brutal form and the
destruction Of one OF ti,e most essential
fnnstiohs OF the Judiciary in all civilized
Attack Too Crude.
station. and rs comoIcte failure. Illus
tratc two truths which it is essential our,
people should learn. In the first place,
they ought to teach the workingnau thc
llborer. the wagcworkcr, that bv de-
taondiig wia' Is Improper and impossible
ne plays lilto the hands Of his focs. Such
crude aill vicious attack upon the
courts; eN"h u II were temporarily sue
cessful. woAd inevitably In The end ea,is..
violent reaction and would bani the
great mass OF citizens together. forcing
he iu.in
potent and Incompetent alike, rather than
TO see the @sseis 81 justice stopped
p ~ asls hih'' can ultimately re-
s1ilt IN n2thips -. damage 10 those in
who's, behalf ii IS noninally un,lcrtakc,i
THIS IS mos healthy truth, which il Is
wise for all our people 10 learn Any
movement based OH that class l,fre1I
which a times assumes the naii!e ~
Class sonssionsnesss Is certain nlii
Wately u fail. and II 1T tam,,orarily sue.
Gods ~ do far reaching. damage '.C,lass
CONSCIOUSNESS. wh.re IL ia merely an,
"tner na'ne for INC oaolls sice of class
s"iliSllness. is equally noXious whether n,
an employers asaocia ion or In a work
if2inan's association The movement In
QUESTION was one IL which the appeal
primarily. not as American citizens. but
a. individuals nj a certain class in So
rins such an appeal IN the first place
sighted among The persons TO whom ii IS
addressed, and in the second place tends
- ai''lse strong nntasonism among al!
a.ie tends IN unite against the very or
Samzation on whose behalf 1t is issued.
The result Is therefore unfortunate
from "Hery standpoint This healthy
Il I,2iilall5ts y they ever succeed in estab
i fishing in this, country an important mn
s,9hal part: based ON such class Son-
Sclyilsness And selfish class interest,"
ne "aseWorkcrs. the wortingmci. The
i1porins men 81 the country by the way
IA which they repudiated the effort to
,fn.c tVl
10 az appeal 10 class hatred. have cm-
i,',ma'Iea tlieir sound patriotism and
N.i,sn'saiiis s, ihe whole. country ias.
'ailse 70 fcel pride in this attitude of
sturdy Independence. IN this uncoinpro-
miiSlns insistcnce upon acting simply as
E%'n estlzcns AZ good Americans. with
class interests. Such AN attitude Is an
OBJECT lessor! in good citizenship TO the
entire nation
Reactionaries Should Pause.
nv is1l ne eX'rsln, reartonaries. the per-
now and Then committed by The courts on
idb"riig men should ilso think seriously
as u what such u moNemcn, as this por-
ils's ne Judges who have shown ihcn-
SriNes able and willing effectively To
check tho dishonest activity of the vciv
!i1n man who works iniqatty by the mis-
nnitsemcnt of corporations. who have
shown themselves alert to DO Justice Is
the wagcworker. and syuitatlictic With
N ,'ia 'n,"ds OF the mass of o,l, people. 50
ne mum who practices q dangerous trade.
t'ic man who is crashed by excessivel
h ,,',, or labor. feel that their needs ar.
are the real b,llwart OF the courts: tllese
judges. .hc judges OF Tho stamp Of the
president p, elect who have been fearless
IA opposing labor when Ii has gone
wrong, but fearless also in holding TO
strict account corporations that work
liilantiy.. aud far sighted la seeing that
IN" w2 W n, gets his rights. are the
tb xsfl ~
,he appeal for such violent and mistaken
Hesitation has fallen on deaf ears, tina
ens asiIl'l9m FOR lts passage proved To be
Tho courts are ieopardzed primarily NV
tn. action OF these federal and state
Judges who show inability or unwilling
ness To pul stop To the wrongioiug of
cry rlch men under modern intlu trial
conditions. and inability or nnwilingness
10 give relief to men of small means or
waseworkers who are crushed down by
these modern industrial conditions: who.
IN other words. fall to understand and
appi5. I'VE needed remedies for the new
complex sorial and Industrial civiliza-
tlon which has grown up in the last half
century
The tnpi,l changes TN our social and in
dps,rai life which have attended tli.
rapid growth have made it nnce ssarv
mat IN APPLYING to concrete cases the
stitntion. there should b. u full ,ndnr-
standing and appreciation of the new
e"hilt,ons 10 which ih,N rules are TO be-
oppueh What would have been an
infringement upon liberty half "a ca,itilry
49, may be the necessary safeguard OF
liberty today.
Unworthy Judges.
IN" chief lawmakers in orr country
may b., and often are. rho Judges be-
cause they are the final scar OF authoritv
f.N"ry time they interpret contract. prop
n.,lr.N. 1ented rights. due process OF law.
liberty they necessarily enact into I1w
n ~ nj t,Ii
ald as such Interpretation Is; fun,ianierli-
Az they give direction 10 all law making.
- necisions OF the courts on economic
ana social questions depend upon their
economic and social philosophy: and for
NE peaceful progress of orr people durnt.
me twcntieth century we shall owe most
10 those Judges who hold TO Il twcntic IA
century economic and social philosophy
and ;ll,'i not to a long cutgrown philosophy,
wnir nv, Was ltsrlf The product Of primitive
views on progressive social philosophy
are entirely second In Importance 10 his
possession l,,,ss' OF high and fine character:
"Reminiscences. The judge who Owes we his his
election to pandcring to demasog!c senl-
msnts or class hatreds ana preJ,l,iices.
and the Judge who owes either. his cleo
ton or his appointment to the money or
s NE la a,.', OF great corporation. arc
alike traitors TO the people: and no pro
fnndlty of legal learning. or correcti,css
OF ABSTRACT conviction ON questions of
public policy. can serve az an offset to
SUCH shortcomings But 1t is also true
that Judges. like executives and lois.
lators. should hold sound Views on tlc
questions of public policy which arc Of
Vital Interest to the people
The legislators and executives arc chos
en- to represent the people In cnactins ana
a an. ll,,s the laws. The Judges are
no, chosen 70 represent the people IN this
sense. Their function Is to Interpret tho
laws. The legislators are responsible for
me laws: the judges for the spirit in
whlch theY Interpret and enforce the
laws. We stand aloof from the reckless
asitators who would make the Judges
more plant tools of ponular nreiIl.iicn