The free lance. (Fredericksburg, Va.) 1885-1926, 1908-12-10

business should not ~ eons'lAed d. d
property right. and IL q. set5nd pro
vision their bill made legal M labor
dispute. any act or agreehent by or
between two or more persons that
would not have been unlawful IL done
by single person. In other words,
this bill legallzed blackllsting and boy
cottlng In every form. The demand
was made that there should be trial
by 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 enforcement 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 wagewOrkers, the worklngmen.
the laborlng men Of the country. by the
way In which they repudated the eff.
fort TO get them 10 cast their votes In
response to an appeal 10 class hatred
have emphasized their sound patriotism
and Amerlcanism.
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 n
movement as this portends. The
courts are jeoparded primarily by the
action of these federal and state
Judges who show inability or unwill-
inguess to put 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 il true OF all the
decisions that decide ;'lt men and
women are 10y the constitution guar
anteed their liberty 10 contract TO
enter a dangerous occupation. or 10
work an undesirable or improper mum
Der Of hours. or to work In unhealthy
surroundings. and therefore cannot re-
cover damages when manned In that
occupation and cannot o. forbidden
to work what the legisla ture decides Is
an excessive number OF hours, or to
carry on the work under conditions
which the legislature decides 10 be IN
healthy.
There is also. think, ground for
the belief that substantial Injustice Is
often suffered by employees In conse-
queuce of the custom OF courts issu
Ing temporary injunctlons without no
ilce to them and furnishing them for
contempt Of court in instances where,
rs matter Of fact, they have no
knowledge Of any proceedings. Pro
vision should be made that no injunc-
lion or temporary restraining order
issue otherwise than on notice. except
where irreparable injury would other
wise result, and In such case hear
ing on the merits Of the order should
be had within a short fixed PERIOD
and II not then continued after hear
ing It should forthwith lapse. Deci-
ri0ns 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 a majority, but
they are to be blamed when they
FAIL to recognize under q government
Ike ours the deliberate judgment Of
the majority as TO matter Of legiti-
mate policy when duly expressed by
the legislature. The people should
not be permitted to pardon evil and
sl!pshod 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 nulllfy 1t.
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 jurles merely bear their
share together with the public as
whole. 1t is discredltablc to us as
people that there should be difficulty
10 conyictlng murderers or IN bringing
to justice men who as public servants
bave been guilty Of corruption or who
have profted by the corruption OF pub
lie servants.
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 indiyld-
uaIs made possible only by the improp
er use Of the modern corporation. Cor
poratlons are necessary instruments Of
modern business. They have been per
mitted 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-
tlons Of the interstate commerce law
{ troll over the great corporations do
ing interstate business can be effective
only II It Is vested with full power In
an administrative department branch
Of the federal executive. carrying out
federal law. 1t can never be ef-
fective II q divided responsibility Is
left In both the states and the nation
II can never be effective II left in the
hands OF the courts to be decided by
lawsuits.
The courts hold place Of peculiar
and deserved sanctity under our form
Of government. Respect for the law l.
essential TO the permanence Of our In
situations, and respect for the law Is
largely conditioned upon respect for
the courts. But we must face the fac
that there are wise and unwlse judges
Just as there are wise and unwise ex
ecntlyes and legislators. When a
president or governor behaves improp
erly OF unwisely the remedy Is easy.
ror his term is short. The same Is
true with the legislator, although not
to the same degree With judge
who, being human. Is also likely to
err. but whose tenure IL for life, there
is no similar way OF holding him 10
responsibility. Under ordinary condi-
lions the only forms Of pressure to