The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1908-12-09

! suffered by employees In consequences oe
| the custom OF courts issuing temporary
| iniunctons without notice TO them, and
Furnishing them for contempt OF court In
| Instances where, as a matter or fact.
| they have no knowledge of any proceed
| ings outside OF organized labor there
| IL widespread feeling that this system
| often works great Injustice 10 wage
| workers when their efforts TO better
| their working condition result in indus
| trial disputes A temporary Injunction
procured ex parte may as matter OF
| fact have all the effect OF q permanent
| Injunction In causing disaster TO ire
wageworkers' side in such dispute, Or
ganzed labor Is cha ang under the unjust
restraint which comes from repeated re-
sort to this plan of procedure Its dis
| content has been uDwsels expressed.
and often improperly expressed, but
there is a sound basis for IT, and the or
Derby and law-ablding people OF a COM
munity would be in far stronger posi-
| ton for unfolding the courts il tire un-
doubtedly existing abuses could be pro-
| vided against.
| Matters for Thought for Labor.
Such proposals as those mentioned
above ms advocated by the extreme labor
leaders contain the vital error Of being
class legislation OF the most offensive
kind and even IL enacted into law be-
lievp that the law would rightly be held
unconstitutional Moreover, the labor
people are themselves now beginning to
invoke the use of the power or in1une-
ton During the last ten years, ana
within my own knowledge, at least NIFTY
injunctions have been obtained by labor
| unions I'm New York city alone. most or
them being to protect the union label n
property right'D but some being OBJ
tanned for other reasons against employ
ers The power OF injunction is great
I II ~ Al, al1n
account be destroyed. But safeguards
should he erected against its abuse.
believe that some such provisions ae
those ! advocated a year ago for check
ing the abuse OF the issuance OF tenn
porary injunctions should be adopted
In substance. provision should be made
that no Injunction or temporary re-
straining order issue otherwise than on
notice. except where irreparable injury
would otherwise result, and In such case
q hearing on the merits OF the order
should be had within a short fixed pc
ribd and, II not then continued aner
hearing II should forthwith lapse. De-
cisions should be rendered Immediately,
and the chance Of delay minlmzed in
every way Moreover. ] believe that the
procedure should be sharply defined ana
the Judge required ninutelr 10 state the
particulars both az his action and or ms
reasons therefor 50 that tho congress
can Il It desires examine and investigate
the same.
Importance Of Court Decisions.
Tho chief lawmakers In our country
may be- and often are, the Judges be-
cause they are the final seat Of author
itv. Every time they interpret contrast.
property. vested rights due process NJ
law liberty they necessarily enact into
law parts Of system of social pnlos-
ophy, and az such Interpretation is fun-
damental they give direction to oil
law making The decisions OF the courts
or economic and social Questions depend
upon their economic and social phtlos-
ophy, and for the peaceful progress Of
orr people during the twentieth century
We shall owe most To those judges who
hold a twentieth century economic ana
social philosophy and not long out
grown philosophy which was
itself he product Of primitive eco
nonts conditions or course
mdTr's views on progressive social
philosophy are entirely second in impor-
tanco 10 his possession OF high ana
fre character WHICH means the posses
s'oa ~ such elementary virtues as hon
cety courage and fairmiudedness The
badge who owes his election to pandering
a demagogie sentiments or class hatreds
and preiudices and the judge who owes
either his election or hlS appointment 10
the money or the favor ~ great cor
poration are alike unworthy To ST on
the bench are alike traitors to the peo-
ple: and no profundity Of legal learning.
or correctness of abstract conviction on Z
questions 81 public policy. can serve as
an offset 10 such shortcomings But y
IS also true that Judges Ike executives,
and legislators should hold sound views
on tho questions of puhllc policy WhicA
are Of vital Interest 90 the people.
The legislators and executives are
Ia - an QfHf
ing and administering the laws. The
Judges are not chosen TO represent the
paople in this sense Their function =
10 iuterpret the laws The legislators
are responsible for the laws the judges
for tire spirit in which they interpret
and enforce the laws. We stand aloo2
from the reckless agitators who would
make the Judges mere plant tools or
popular pre- udice and passion; and we
stand aloof from those equally unwise
partisaus Of reaction and privilege who
dcnv the proposition that. lus >much as
Judges are chosen to serve the interests
Of the whole people they should strive
~ ind out what these interests are,
and. so FAR So They conscIeut.ously can.
should st"iVH 20 give effect 20 popular
conviction when del herately aud duly
expressed hy tN' lawmakinG body The
courts gre 10 boo highly commended and
staurchly upheld when they got their
e. y
b. a ma .orttr: but they are tn he
blamed WHEN They fail to recognize
under % government like ours the de-
liberate Judgment ~ the majority as to
matter uf Legitimate policy. when
duly expressed pos the Legislature. such
lawfully expressed md deliberate judg-
ment should he given effect bv the
courts. ssve IN the extreme and eNcen-
tioual cases where there has becn
clear violation ~ O. constitutional pro-
vision Anything like frirolity or wan
tonnes IN upsefting sueH cir7rlv taken
governmental action is grave oTer-e
against tho reruh'I". To- protest against
trrar-y. " protect r-Iu0r.iies from on~
preston 20 uulify an act committed In
spssm IF popular furry. iv Co render
service 90 the repuhIir Ert Tor me
courts % -~r1Est1 ~ fhamselvcs frre-
tons which properly belong 10 me- legs
Iative bodies is oil wrong. and iu TIE
end works frftrfirf The people should
not BE- permitted ~ pardon evil and
sliyshod legislation on the theory that
SO count viii ss' y rirht- 'hsr 'hHn'f
ue taught that she richf Na} % rNi "a
~ a had iaw q IN have the .ee stature
repsal 90 ara not 90 have ,he courts
by ingenious hair-sp ittinE nuiitH y.
& law NAV De uuwi-F and lmprn pfrs
A..4 Of. mr..Hsa rrf rr- fneea ~aH enuE ne