Daily capital journal. (Salem, Oregon) 1903-1919, 1908-12-08


OF wage-workers. This Is true of all
the decisions that decide that men
and women are, by the constitution
guaranteed their liberty" to con
tract to enter a dangerous occupation
or to work an undesirable or improp-
er number of hours, or to work In
unhealthy surroundings: and there
fore cannot recover damages when
MANNED In that occupation. and can
not be forbidden to work what the
Legislature decides is an excessive
number of hours. or to carry on the
work ynder conditions which the Leg
islature decides to be unhealthy.
There is also, think, ground for
the belief that substantial Injustice
Is often suffered by employees in CON
sequence OF the custom of courts is
suing temporary injunotions 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 proceedings.
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 II enacted
into law I believe that the law would
rightly he held unconstitutional.
Moreover, the labor people are them
selves now beginning 10 invoke the
use of the power OF Injunction. Dur
Ing the last ten years, and within my
own knowledge, at least fifty injunc-
tions have been obtained by labor
unions In New York city alone, most
OF them being TO protect the union
label Ga property rightly. but some
being obtained for other reasons
against employers. The power OF in
Junction is n great equitable remedy,
which should on no account be de-
stroyed.
The legislators and executives are
chosen TO represent the people In
enacting and administering the laws.
The judges are not Nhosen repre-
sent the people In this sense. Their
function is TO interpret the laws. The
legislators are responsible for the
laws; the judges for the spirit In
which they interpret and enforce the
laws.
For many of the shortcomings of
justice In our country our people as
a whole are themselves TO blame. and
the judges and juries merely bear
their share together with the public
rs a whole. II is discreditable TO us
as a people that there should he diff
ficulty in convioting murderers. or
In bringing TO justice men who as
public servants have been guilty OF
corruption. or who have profited by
the corruption or public servants.
The chief breakdown II In dealing
with the new relations that arise
from the mutualism. the lnterdepend-
| ence OF our time. Every new social
relation begets a new tyne OF wrong
doing-of sin, TO use an old-fashion-
ed word-and many years always
| elapse before society In able TO tern
tails sin into crime which can be ef.
fectively punished at law. During
the lifetime OF the older men now
alive the social relations have chang
ed far more rapidly than In the pre-
ceding two centuries.
The huge wealth that has been
accumulated by a few individuals OF
recent years, In what has amounted
to a social and Industrial revolution
has been as regards some of thes,
individuals made possible only by the
improper use OF the modern corpora.
ton. A certain type OF modern cor.
Doration. with It's officers and agents
It's many issues OF securities. and its
constant consolidation with allied un.
dertakings. finally becomes an instru,
ment so complex as To contain d
greater number OF elements that. un,
der various judicial decisions. lend
themselves 90 fraud and oppression
than any device yet evolved Ia the
human brain.
They have beer permitted To be
come n menace largely because the
governmental representatives OF the
people have worked slowly In pro
yiding for adequate control over
them.
The chief offender In any giyer
case may be an executive. legis
lator. or n Judge. Every executiv,
head who advises violent instead al
gradual. action, or who advocates M
considered and sweeping measures
OF reform ESPECIALLY II they ar,
tainted with yinc~. tiyeness. and dis
regard for the rights OF the minority
Is particularly blameworthy. The sew
eral legislatures are responsible fOI
the fact that our laws are often pre-
pared with sloyenly haste aud lack Oi
consideration. Moreover. they are
often prepared, and still more fre
nnently amended during passage, al
the suggestion OF the very parties
against whom they are afterwards
enforced. Our great clusters OF COR
porations. huge trusts and fabulOuslJ
wealthy multimilliOnaiTes, employ
the very best lawyers they can Obtain
10 pick flaws in these statutes aftei
their passage: but they also en- tloJ
class OF secret agents who seek
under the advice OF experts. to rem
der hostile legislation innOouOus by
making Il unconstitutional. Otter
through the Insertion Of what appear
on their face 10 be drastic anC
sweeping proyialons against the In
ierests Of the parties Inspiring them,
while the demagogues. the corrup