Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1908-12-11

| D. q single person. In other WOruS.
this bill lesalized blackiisting and b9T
cNting In every form. The demand
was made that there should be trial
hy jury In contempt cases. thereby
most seriously impairing the authority
OF the courts. All this represented a
course Of policy which. II carried out.
would mean the enthrOnement Of class
privilege in its crudest and most
brutal form and the destruction OF
one OF the most essential functions Of
the judiciary In all civilized lands.
The waSewOrkers. the workingmen,
the laboring men of the country. by the
way In which they repudiated the ef-
fort to get them to cast their votes In
! response to an appeal to class hatred
have emphasized their sound patriotism
and Americanism.
Courts ImperiIed by Judges.
But the extreme rcactionaries. the
persons who blind themselves to the
wrongs now and then committed by
the courts on laboring men. should
also think seriously as to what such a
movement as this pOrtends. The
courts are jcoparded primarily by the
action of these federal and state
judges who show inability or unwill-
lngncss To Pat a stop to the wrong
doing OF very rich men under modern
Industrial conditions.
There are certain decisions by va
rious courts which have been exceed
ingly detrimental to the rights Of
wageworkers. This Is true Of oil the
decisions that decide that men and
women are by the constitution guar
antced their liberty" to contract to
enter dangerous occupation, or to
work an undesirable or improper num-
Der ef hours. or TO work In unhealthy
surroundings. aud therefore cannot re-
cover damages when manned In that
occupation and cannot be forbidden
to work what the legislature decides Is
an excessive number Of hours, or to
curry on the work under conditions
which the legislature decides to be un.
healthy.
| There is :lso. think. ground for
the belief that substantial injustice IL
often suffered by employees in couse-
quence Of the custom Of courts issu-
Ing temporary injunctions without no
tice to them and Furnishing them for
contempt Of court I'm instances where,
as matter Of fact. they have no
knowledge Of any proceedings. Pro-
vision should be made that no injunc-
tion or temporary restraining order
issue otherwise than ON notice, except
where irreparable injury would other
wise result. and In such case a hear
Ing on the merits Of the order should
be had within a short fixed period.
and II not then continued after heap
Ing 1t should forthwith lapse. Deci-
siors should be rendered Immediately
and the chance Of delay minlmized In
every way.
The courts are to be highly COM
mended and stanchly upheld when
they set their faces against Wong.
do!A: or tyranny by a majority, but
they are to be blamed when they
fail 10 recognize under a government
Ike Ours the deliberate judgment Of
the majority rs to n matter Of legiti-
mate policy when duly expressed by
the legislature. The people should
not be permitted to pardon evil and
slipshod legislation on the theory that
the court will set 1t right. They should
be taught that the right way to get rid
OF bad law Is to have the legislature
repeal 1t and not to have the courts by
Ingenious hair splitting nullify 1t.
F',pis themselves TO EIams.
For many Of the shortcomings OF
Justice In our country our people as a
whole are themselves to blame. and the
judges and jurles merely bear their
share together with the public Ms
whole. 1t Is dlscroditab BILE to us as a
people that there should be difficulty
In convlcting murderers or In bringing
to justice men who rs public servants
have been guilty Of corruption or who
have profitel by the corruption Of pub
lie servants.
The huge wealth that has been &C.
cumulated by few individuals Of re-
cent years, In what has amounted to
a social and industrial revolution, has
been as regards some Of these individ-
unls made possible only by the improp-
or Use Of the modern corporation. Cor
porations are necessary instruments Of
modern business. They have been per-
United to become menace largely be-
cause the governmental representatives
Of the people have worked slowly In
providing for adequate control over
them.
Real damage has been done by the
manifold and conflicting interpreta-
tions Of the interstate commerce law.
Control over the great corporations do
ing interstate business can be effective
only II 1t Is vested with full power in
an administrative department. a branch
Of the federal executive. carrying out
II federal law. 1t can never be ef-
fective II divided responsibility Is
left In both the states and the nation.
1t can never be effective II left in the
hands OF the courts to be decided by
lawsuits.
The courts hold a place Of peculiar
and deserved sanctity under our form
OF government. Respect for the law Is
essential to the permanence of our In
stitutions. and respect for the law is
largely conditioned upon respect for
the courts. But we must face the fact
that there are wise and unwise judges.
just as there are wise and unwise ex-
ecutives and legislators. When q
president or governor behaves improp-
erly or unwisely the remedy Is easy.
FOR his term Is short. The same Is
true with the legislator. although not
to the same degree. With a Judge
who. bcln: human. IL also likely to
err. but whose tenure Is for life, there
~ no similar way Of holding him to
responsibility. Crder ordinary condi-
tions the only forms Of pressure to
which he Is In any way amenable are
public opinion and the action Of his
fellow judges. 1t Is the last which is
most Immediately effective and to
which we should look for the reform
Of abuses.