The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1908-12-10

rimental to the rights Of w~age-workers.
This Is true of all decisions that decide
that men are, by the constitution, guar
anteod their liberty to contract to enter
a dangerous occupation, or to work an
undesirable or improper number of hours,
or to work in unhealthy surroundings;
and therefore cannot recover damages
when MANNED in that occupation, and
cannot be forbidden to work what the
legislature decides 10 an excessive num-
Der OF hours, or to carry OF the work
under conditions which the legislature
decides to be unhealthy. The most dam
gerous occupations are often the poorest
paid n those where the hours Of work
are longest: and in many cases those
who 30 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 protect the wage-workers who
most need protection from those employ
ers who take advantage of their grind
Ing need. They halt or hamper the move
ment for securing better and more equi-
preserving to the m~isery-hunted being
who make contracts for such service
their liberty" to make them, Is either
to speak In a spirit Of heartless irony or
else to show an utter lack Of knowledge
OF the conditions Of life among the great
masses Of our fellow-countrymen, a lack
which units a Judge to do good service
Just as 1t would unfit any executive or
legislative officer.
There Is also, I think, ground for the
belief that substantial injustice Is often
suffered by employees in consequence of
the custom Of courts Issuing temporary
in5unctions without notice to them, and
Furnishing them for contempt Of court in
instances where, as a matter Of fact,
they have no knowledge Of any proceed
ings. Outside of organized labor there
Is a widespread feeling that this system
often works great injustice to wage
workers when their efforts to better
their working condition result in indus
trial disputes. A. temporary injunction
procured ex parte may as a matter of
fact have all the effect Of a permanent
injunction In causing disaster to the
wageworkers' side in such a dispute. Or
ganized labor is chafing under the unjust
restraint which comes from repeated re-
sort to this plan of procedure. It's dis
content has been unwisely expressed,
and often Improperly expressed. but
there Is a sound basis for it. and the or
derby and law-abiding people of a COM
munity would be In a far stronger posi-
ton for upholding the courts If the un-
doubtedly existing abuses could be pro-
vided against.
Matters for Thought for Labor.
Such proposals as those mentioned
above as advocated by the extreme labor
leaders. contain the vital error Of being
class legislation Of the most offensive
kind. and even If enacted into law I be-
leve that the law would rightly be held
unconstitutional. Moreover. the labor
people are themselves now beginning to
invoke the use Of the power of injunc-
ton. During the last ten years. and
within my. " knowledge, at least fifty
fnjunctions have been obtained by labor
unions In New York city alone, most Of
them being to protect the union label "a
property rightly. but some being OBJ
tanned for other reasons against employ
srs. The power Of injunction Is a great
equitable remedy, which should on no
account be destroyed. But safeguards
should be erected against its abuse. I
believe that some such provisions a
Ing the abuse OF the issuance Of tenn
porary ~injunctions should be adopted.
In substance. provision should be made
that no Injunction or temporary re-
straining order issue otherwise han on
notice, except where irreparable injury
would otherwise result; and In such case
4 hearing IN the merits Of the order
should be had within a short fixed Pc
Rod. and. II not then continued after
hearing. 1t should forthwith lapse. De-
cislons should be rendered Immediately,
and the chance Of delay minimized in
every way. Moreover, I believe that the
procedure should be sharply defined. and
the Judge required infinitely to state the
particulars both Of his action and Of his
reasons therefor, SO that the congress
can II 1t desires examine and investigate
the same.
Importance Of Court Decisions.
The chief lawmakers in our country
may BE-, and often are, the Judges. be-
cause they are the final seat Of author
1ty. Every time they interpret contract.
property, vested rights, due process Of
law, liberty, they necessarily enact into
law parts OF a system of social philos-
ophy; and as such Interpretation Is fun
damentul. they give direction to all
law-making. The decisions Of the courts
on economic and social questions depend
upon their economic and social philos-
sphy; and for the peaceful progress of
our people during the twentieth century
we shall owe most to those judges who
hold a twentieth century economic and
social philosophy and not a long out
xrown philosophy. which was
nomic conditions. OF course a
JUDGES views on progressive social
philosophy are entirely second in impor-
lance to his possession of a high and
hne cha, acter, which means the posses
sion Of auch elementary virtues as hon
esty. courage. and fairmindedness. The
Judge who owes his election to pandering
10 demasogic sentiments or class hatreds
and prejudices, and the Judge who owes
either hia election Or his appointment to
the money or the favor Of a great cor
poration are alike unworthy to sit on
the bench. are alike traitors to the peo-
pie; and 40 profundity Of legal learning,
or correctness of abstract conviction on
questions of public policy, can serve as
an offset to such shortcomings. But it
10 also true that Judges. like executives,
ana legislators, should hold sound views
on the questions Of public policy which
are Of vital interest to the people.
The legislators and executives are
chosen to represent the people in enact
ing and administering the laws. The
judges are not chosen to represent the
people in this sense. Their function IL
to interpret the laws. The legislators
are responsible for the laws; the judges
for the svirit in which they Interpret
and enforce the laws. We stand aloof
from the reckless agitators who would
make the Judges mere plant tools of
popular prejudice and passion; and we
stand aloof from those equally unwise
partiSans OF reaction and privilege who
deny the proposition that, inasmuch as
judges are chosen to serve the interests
of the whole people, they should strive