Alma record. (Alma, Mich.) 1878-1928, 1908-12-10


business should not be construed as
property right, and In a second pro
vision their bill made legal I'm labor
dispute any act or agreement by OF
between two or more persons that
would not have been unlawful II done
by a single person. In other words,
this bill legalized blacklisting and boy
cotting 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
course of policy which, IL 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 workingmen.
the laboring men OF the country. by the
way In which they repudiated The cf-
fort 10 get them 10 cast their votes IN
response TO an appeal to class hatred
have emphasized their sound patriotism
and Americanism
But the extreme rcactlonarics. 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 "A
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 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
ingiy 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 a dangerous occupation. or to
work an undesirable or improper num-
Der Of hours, OF 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 un-
healthy.
+. There is also. i 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 a 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 1t should forthwith lapse Deci-
sions should be rendered Immediately
and the chance OF delay minimized I'm
every way
The courts are 10 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 a 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
sllpshod legislation on the theory that
the court viii 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 nulify It.
People Themselves to Blame.
For many Of the shortcomings OF
justice IN our country our people as
whole are themselves TO blame. and the
judges and jurles merely bear their
share together with the public as
whole II Is discreditable to us as a
people that there should be difficulty
In convicting murderers or In bringing
TO Justice men who as public servants
have been guilty OF corruption or who
have profted by the corruption of pub
lie servants.
The huge wealth that has been ac-
cumulated by n few individuals Of re.
cent years, In what has amounted 20
social and industrial revolution, has
been as regards some OF these individ
uals made possible only 10y the improp
er use OF the modern corporation. Cor
porations are necessary instruments of
modern business They have been per
mitted to become a 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-
lions OF the interstate commerce law
Control over the great corporations do
ing interstate business can be effective
only II It is vested with full power is
an administrative department, branch
Of the federal executive. carrying out
a federal law. II can never be ef
fect3ve II a divided responsibility Is
left IN both the states and the nation
IT can never be effective if left In the
hands OF the courts to be decided by
lawsuits
The courts hold n place OF peculiar
and deserved sanctity under our form
of government Respect for the law Is
essential 10 the permanence OF our IN
stitutions. and respect for the law r.
largely conditioned upon respect for
the courts. But we must face the fact