The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1908-12-08


way in which they repudiated the eff
fort to get them to cast their votes in
response to an appeal to class hatred
have emphasized their sound patriotism
and Americanism.
Courts Imperiled by Judges.
But the extreme reactionaries, 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
movement as this portends. The
courts are jeoparded primarily by the
action of these federal and state
judges who show inability or unwill-
ingness to put 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
lngly detrimental to the rights of
wageworkers. This is true of all the
decisions that decide that men and
women are by the constitution guar
anteed their liberty" to contract to
enter dangerous occupation, or to
work an undesirable or improper num-
Der of hours, or to work in unhealthy
surroundings. and 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
carry on the work under conditions
which the legislature decides to be I'M
healthy.
There is also. l think, ground for
the belief that substantial injustice is
often suffered by employees In conse-
quence of the custom Of courts issu-
ing temporary injunctions without no
tice to them and Furnishing them for
contempt of court In Instances where,
as matter of fact, they have no
knowledge of any proceedings. Pro
vision should be made that no injunc-
ton 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 If not then continued after hear
ing it should forthwith lapse. Deci-
sions should be rendered Immediately
and the chance of delay minimized in
every way.
The courts are to be highly com
mended and stanchly upheld when
they set their faces against wrong
doing or tyranny by majority, but
they are to be blamed when they
fail to recognize under government
like ours the deliberate Judgment of
the majority as to a 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 It right. They should
be taught that the right way to get rid
of bad law Is to have the legislature
repeal it and not to have the courts by
ingenious hair splitting nullify It.
People Themselves to Blame.
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 as a
whole. 1t Is discreditabIe to us as a
people that there should be difficulty
In convictlng murderers or In bringing
to Justice men who as public servants
have been guilty OF corruption or who
have proflted by the corruption Of pub
lie servants. 8
The huge wealth that has been ac-
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-