Emmons County record. [volume] (Williamsport, D.T. [i.e. N.D.]) 1884-current, 1908-12-10

Ulrsu1ths ana wav mascnes On .rssul,
when sucA determination 10 upset on
~ gpoun0 that there ssasR he no ''in-
eeffeeonce With tho Nberty - contract
The exercise OF which 10 the negatiOn OF
real liberty.
There are certain deciaiOns by va
fious courts which have been exceed
ingly detrimental to thu rights OF
wageworleers. This 10 true Of all the
dectslOns that decide that men and
women are, by the Constitution. guar
anteed their liberty" 10 contract to en-
ter dangerous occupation. or to work
IN undesirable or Improper number Of
hours. OF 70 work IN unhealthy sur
roundings; and therefore can not re-
cover damages when MANNED In that
occupation. and can not be forbidden
to work what the legislature decides 70
an excessive number of hours. or to
carry on the work under conditions
which the legislature decides to be
unhealthy. The most dangerous Occu-
pattOns are often the poorest paid and
those where the hours Of work are
Iongeat; and in many cases those who
90 into them are driven by necessity
30 great that they have practically
no alternative Decisions such az
islative EFFORT to protect the wage
workers who must need protection
from those employers who take ad-
vantage OF their grinding need. They
halt or hamper the movement for ee-
curing better and more equitable con-
dtti0ns OF labor. The talk about pre-
serving to the misery hunted being
who make contracts for such service
their liberty" to make them, 10 either
TO speak In spirit Of heartless irony
or else to show an utter lack OF knOwl-
edge of the conditions of life among
the great masses of our fellow coun-
trymen. q lack which UNITS Judge to
do good service just as II would unfit
any executive or legislative officer.
There Is also. think, ground for the
belief that substantial injustice 10
often suffered by employees In conse-
qilence OF the custom Of courts issuing
temporary intunctions without notice
to them. and Furnishing them for con-
tempt Of court IN INSTANCES where as
matter OF fact. the ' have no knOwl-
edge of any proceedings. Outside OF
feeling that this system often works
great injustice to wagewOrkers when
their efforts to better their working
condition result In industrial disputes.
A temporary injunction procured ex
parte may as matter of fact have
all the effect OF q permanent injunction
in causing disaster to the wagework-
err side In such a dispute. Organized
labor IL chatting under the unjust re-
straint which comes from repeated re-
sort to this plan OF procedure. Its
discomfort has been unwisely ex-
pressed. and often improperly ex-
pressed. but there il a sound basis for
Il. and the orderly and law abiding |
people of community would be In
far stronger position for uphOlding the I
courts II the undoubtedly existing
abuses could be provided against.
Such proposals as those mentioned
hove as advocated by the extreme la
nor leaders. contain the vital error Of
,eing class legislation OF the most Of
ensive kind. and even II enacted into
aw believe that the law would right
' be held unconstitutional. Moreover.
he labor people are themselves now \,
'eginning to invoke the use of the
'Ower Of injunction. During the last
en- years, and within my own know
dge. At least nifty injuncttons have
'een obtained by labor unions In New
FORK city alone. most OF them beu.g
Q protect the union label q property
,ther reasons against employers. The
power OF injunction 10 . great eQui-
liable remedy, which should ON no ac-
count be destroyed. But safeguar1e |
should BE- erected against lts abuse. !
believe that SOME such provisions 40
those advocated = year ago tor
checking the abuse Of the issuance OF
temporary injlIncttOns should be
adopted. In substance. provision should
be made that no Injunction or tempo
rary restraining order issue otherwise |
than on notice, except where trrepara-
Bile injury would otherwise result: and
In such case a hearing on the merits OF i
the order should be had within a short \
nxed period. and. II not then continued
after hearing, IT should forthwith
lapse. Decisions should be rendered
and the chance Of delay
believe that the procedure should be
sharply defined and the Judge required
to state the particulars both
Of his action and OF his reasons hero
for, SO that the congress can II 1t de-
sires examine and investigate the
same.
The chief lawmakers in our coun- |
try may be. and often are, the judges.
because they are the final seat Of au-
tract Every time they intr".,.;t con-
tract, property, vested rights. due
process Of law, liberty, they neces-
sarily enact into law parts Of system
of social philosophy: and as such in
depreciation Ia fundamental. they give
direction to all lawmaking. The de-
social questions depend upon their
economic and social philosophy; and
for the peaceful progress of our peo-
pie during the twentieth century We
shall owe most TO those judges who
hold to twentieth century economic
and social philosophy and not to
long OutgrOwn philosophy, which was
Itself the product of primitive econom-
lie conditions. OF course a judges
views On progressive social philosophy
are entirely second in Importance to
his possession of Il high and flne char
actef: which means the possession of
such elementary virtues as honesty.
courage and "Reminiscences. The
judge who owes his election to pander-
i.g to dcmagogic sentiments Or class
hatret!s and prcjudlces. and tn. Judge
who owes either his election or his
;.ppointnscnt TO the money Or the G.-
vor of great corporation. are alike
unworthy to SIT en- the bench. are alike
traitors to the people: and no pro-
Ness OF abstract conviction OF, qies-
tiOns Of pubic policy. can serve as an
Offset to such shortcomings. But II IL
also true that Judges. like executives
and legislators. should hold sound
views on the questions of public pol
Icy which are OF vital interest TO the
people.
The legislators and executives are
chosen to represent the people in en-
acting and administering the laws.
The Judges are not chosen to represent
the people in this sense. Their func
tion is to interpret the laws. The legis-
lators are responsible for the laws: the
Judges for the spirit in which they in
terpret and enforce the laws. We
stand alo0f from the reckless agitator.
who would make the judges mere pli..
mt tools OF popular prejudice and pas
sion: and we stand aloOf from those
equally unwige partisans Of reaction
and privilege who deny the proposition
that. inasmuch az Judges are chosen
70 serve the interests of the whole