Semi-weekly herald., 1908-12-10

have all the effect of a permanent in.
junction in causing disaster to the
wagew6rkers' side in such dispute
Organized labor Is chafing under the
| unjust restaint which comes from re-
! peated resort to this plant of proce-
dure. Its discomfort has been unwise-
ly expressed, and often improperly ex'
pressed, but there is a sound basis
for 1t, and the orderly and law-abiding
people of community would be in a
far stronger position for upholding the
courts II the undoubtedly existing
abuses could be provided against.
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 l believe that the law would
rightly be held unconstitutional. More
over, the labor people are themselves
| now beginning to invoke the use of
the power of Injunction.
During the last ten days, and with
in my own knowledge, at least fifty
injunctions have been obtained by
labor unions IN New York city alone
most of them being to protect the
union label Ia property right'O but
some being obtained for other rea-
sons against employers. The power of
Injunction is a great equitable rem
edy. which should on no account be
| destroyed. But safeguards should be
| erected against its abuse. l believe
that some such provisions as those l
advocated year ago for checking the
abuse of the issuance Of temporary
injunctions should be adopted.
In substance. provision should be
| made that no injunction or temporary
restraining order issue otherwise than
on notice. except where irreparable
injury would otherwise result; and in
| such case a hearing on the merits of
! the order should be had within a short
fixed period, and. If not then con-
tinued after hearing, 1t should forth
with lapse. Decisions should be rem
dered Immediately. and the chance of
| delay minimized in every way More
over, l believe that the procedure
should be sharply defined and the
judge required minutely TO state the
particulars. both OF his action and of
his reasons therefor SO that the con
| gress can if 1t desires examine and
investigate the same.
The chief lawmakers in our country
may be, and often are. the Judges, be.
cause they are the final seat of alS
thority. Every time they interpret
contract. property, vested rights. due
process Of law. liberty, they necessa
rily enact into law parts of a sys
tenn of social philosophy; and as such
| Interpretation is fundamental they
give direction to all law making. The
| decisions OF the courts on economic
and social questions depend upon theil
economic srd social philosophy; ant
in the peaceful progress of our peo
pie during the twentieth century VIZ
shall owe most to those judges who
hold TO twentieth century economic
| and social philosophy, which was It
self the product of primitive econo
mic conditions.
or course judges views on pro
gressive social philosophy are entirel.
| second In importance TO his posses
sion of fine character; which mean!
the possession OF such elementary vir
tues as honesty, courage and fair
mindedness.
The Judge who owes his election Il
pandering to demagogic sentiments o.
| class hatreds and prejudices, and the
judge who owes either his election o.
| his appointment to the money or the
favor of a great corporation, are alike
unworthy to Sit on the bench, are alike
traitors to the people; and no pre-
fundity OF legal learning. or correct
ness OF abstract conviction on ques
tions of public policy. can serve as al
offset TO such shortcomings. But 4
lie also true that judges. like executive.
| and legislators. should hold sount
| views on the questions of public policy
which are of vital interest to the
people.
The courts hold place of peculiar
| and deserved sanctity under our form
| OF government. Respect for the law
is essential to the permanence Of oul
institutions; and respect for the law
Is largely conditioned upon respect fol-
the courts. 1t is an offense against the
republic to say anything which car
weaken this respect, save for the
gravest reason and In the most careful
iy guarded manner. Our judges should
be held in peculiar honor; and the
duty of respectful and truthful com
ment and criticism, which should be
binding when we speak of anybody
should be especially binding when we
speak OF them. On an average they
stand above any other servants Of the