The Fulton County news. [volume] (McConnellsburg, Pa.) 1899-current, 1908-12-10

-"tJ oh Duotheob Was explicitly
taken out from under that protection
which the law throws over property.
The demand was made that there
should be trial by jury in contempt
cases, thereby most seriously impair-
ing the authority OF the courts. All
this represented 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 essen
tial function OF the judiciary In all
civilized lands.
The wageworkers, the workingmen.
the laboring men OF the country by
the way In which they repudiated the
enort to get them to cast their votes
In response to an appeal to class ha-
tired, have emphasized their sound
patriotism and Americanism. The
whole country has cause to feel pride
In this attitude OF sturdy independ-
ence, in this uncompromising insist
ence upon acting simply as good citi-
zens, as good Americans, without re-
gard to fancied--and improper--class
interests. Such an attitude is an OBJ
1ect lesson in good citizenship to the
entire nation.
But the extreme reactionaries. the
persons who blind themselves TO the
wrongs now and then committed by
the courts on laborlng men. should
also think seriously as to what such
movement as this portends. The
judges who have shown themselves
able and willing effectively to check
the. dishonest activity of the very rich
man who works iniquity by the mis-
management of corporations, who
have shown themselves alert to do
justice to the wageworker, and SYM
pathetic with the needs of the mass
OF our people, so that the dweller in
the tenement houses. the man who
practices dangerous trade, the man
who is crushed by excessive hours of
labor, feel that their needs are under
stood by the courts-these judges are
the real bulwark of the courts; these
judges, the judges of the stamp OF
the President-elect, who have been
fearless in opposing labor when It has
gone wrong. but fearless also in hold
ing to strict account corporations that
work iniquity, and far sighted In see
ing that the workingman gets srights,
are the men of all others to whom
we owe 1t that the appeal for such
violent and mistaken legislation has
fallen on deaf ears, that the agitation
for its passage proved to be without
substantial basis. The courts are
1eoparded primarily by the action of
these Federal and State Judges who
show inability or unwillingness to
put a stop to the wrongdoing or very
rich men under modern Industrial
conditions, and inability or unwilling
ness to give relief to men of small
means or wageworkers who are
crushed down by these modern indus
trial conditions; who, in other words,
fail to understand and apply the
needed remedies for the new wrongs
produced by the new and highly com
plex social and industrial civilization
which has grown up in the last half
century.
There are certain decisions by va
rious courts which have been exceed
ingly detrimental to the rights of
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 dangerous occupation,
or to work an undesirable or impro-
per number of hours, or to work in
unhealthy surroundings, and there
fore can not 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 under conditions which the
LEGISLATURE decides to be unhealthy.
There is also, I think, ground for
he belief that substantial injustice is
'ften suffered by employees in conse-
luence of the custom of courts issu-
ng temporary injunctions without
notice to them, and furnishing them
'or contempt of court in instances
where, as a matter of fact, they have |
10 knowledge of any proceedings. |
Outside Of organized labor there is a |
feeling that this system |
'ften works great injustice to wage
workers. when their efforts to better |
heir working condition results In in |
Iustrial disputes. A temporary in |
JUNCTION procured ex parte may as a /
natter OF fact have all the effect OF a
Injunction in causing dis
.ster to the wageworkers' side in |
uch a dispute. Organized labor is
hafing under the unjust restraint
which comes from repeated resort to
his plan of procedure. It's discomfort
as been unwisely expressed, and of
EN- improperly expressed, but there
a sound basis for 1t. and the orderly
nd law abiding people of a commu-
ity would be in a far stronger posi-
lon for unfolding the courts II the
Undoubtedly existing abuses could be
rovided against.
The power of Injunction is a great
1uitable remedy, which should on no
ccount be destroyed. But safeguards
hould be erected against its abuse.
For many of the SHORTCOMINGS of
istice In our country our people as a
hole are themselves to blame, and
ne judges and juries merely bear
heir share together with the public
8 whole. 1t is discreditable to us
5 people that there should be diff
llty in convicting murderers, or in
ringing to justice men who as pub
C servants have been guilty of cor
upton. or who have profited by the
Drruption of public servants. The
ssult is equally unfortunate, whether
ue to hair-splitting technicalities in
he Interpretation OF law by Judges,
, sentimentality and class conscious
ess on the part OF iuries, or to hys-
'rfa and sensationalism in the daily
ress. For much of this failure of
istice no responsibility whatever lies
n rich men as such. We who make
p the mass OF the people can not
lift the responsibility from our own
ioulders. But there is an important j
art OF the failure which has specially
do with inability to hold to proper /
count men OF wealth who behave /
ably.